To: | SKYLINE ENCAP HOLDINGS, LLC (WEISSANDWEISS@AOL.COM) |
Subject: | U.S. Trademark Application Serial No. 88345893 - WATER RIGHT CRYSTALS - T/35-297 |
Sent: | February 20, 2020 03:14:21 PM |
Sent As: | ecom115@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88345893
Mark: WATER RIGHT CRYSTALS
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Correspondence Address: 410 JERICHO TURNPIKE, SUITE 105
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SKYLINE ENCAP HOLDINGS, LLC
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Reference/Docket No. T/35-297
Correspondence Email Address: |
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NON-FINAL OFFICE ACTION
The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this office action.
Issue date: February 20, 2020
This office action is in response to applicant’s communication filed on February 6, 2020.
The requirement for an acceptable amended identification, the multi-class application requirements, and the requirement for information are continued and maintained.
Applicant Must Submit A New Specimen
Registration is refused because the specimen does not show the applied-for mark in use in commerce in connection with the goods specified in the amendment to allege use. Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); In re Keep A Breast Found., 123 USPQ2d 1869, 1876-79 (TTAB 2017); In re Graystone Consulting Assocs., Inc., 115 USPQ2d 2035, 2037-38 (TTAB 2015); TMEP §§904, 904.07(a), 1301.04(d), (g)(i). Specifically, the identification, while not acceptable, currently reads, superabsorbent aqueous based polymer compositions for lawn and garden. The specimen, however, shows a grass seed and soil combination for repairing lawns, rather than any sort of aqueous polymer composition. Applicant may not amend the identification to recite the goods shown in the specimen because it would be outside the scope of the original identification.
An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark in use in commerce for each international class of goods and/or services identified in the amendment to allege use. 15 U.S.C. §1051(a)(1); 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).
Examples of specimens for goods include tags, labels, instruction manuals, containers, photographs that show the mark on the actual goods or packaging, and displays associated with the actual goods at their point of sale. See TMEP §§904.03 et seq. Webpages may also be specimens for goods when they include a picture or textual description of the goods associated with the mark and the means to order the goods. TMEP §904.03(i).
Applicant may respond to this refusal by satisfying one of the following for each applicable international class:
(1) Submit a different specimen (a verified “substitute” specimen) that (a) was in actual use in commerce prior to the filing of an amendment to allege use and (b) shows the mark in actual use in commerce for the goods identified in the amendment to allege use. A “verified substitute specimen” is a specimen that is accompanied by the following statement made in a signed affidavit or supported by a declaration under 37 C.F.R. §2.20: “The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application or prior to the filing of the amendment to allege use.” The substitute specimen cannot be accepted without this statement.
(2) Amend the filing basis to intent to use under Section 1(b), for which no specimen is required. This option will later necessitate additional fee(s) and filing requirements such as providing a specimen.
For an overview of both response options referenced above and instructions on how to satisfy either option online using the Trademark Electronic Application System (TEAS) form, please go to http://www.gov.uspto.report/trademarks/law/specimen.jsp.
Applicant is invited to contact the assigned examining attorney with any questions regarding this action.
Trademark Examining Attorney
Law Office 115
571-270-1528
katherine.chang@uspto.gov
RESPONSE GUIDANCE
· If needed, find contact information for the supervisor of the law office referenced in the signature block.