To: | Establissements Peugeot Freres (ipdocket@greensfelder.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88367990 - PEUGEOT - 25322-888014 |
Sent: | 6/19/2019 7:13:22 PM |
Sent As: | ECOM110@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88367990
MARK: PEUGEOT
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Establissements Peugeot Freres
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW. A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
ISSUE/MAILING DATE: 6/19/2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
Search Results
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
Although no similar registered or pending mark has been found that would bar registration, Applicant must satisfy/address the following Requirements:
Requirements to be Addressed
1. Identification of Goods – International Class 25
2. Foreign Registration Certificate
Identification of Goods Requirement
Therefore, Applicant must remove the parentheses from the identification and incorporate any parenthetical or bracketed information into the description of the goods.
The word “clothing,” “headgear,” “sportswear” and “clothing for sports for men, for women and for sports for children” in the identification of goods is indefinite and too broad and must be clarified because the word does not make clear the nature of the goods and could identify goods in more than one international class. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. The following are examples of acceptable identifications: “clothing for protection against accidents, irradiation and fire” in International Class 9; “surgical gowns” in International Class 10; “pet clothing” in International Class 18; and “shirts,” “shorts,” and “pants” in International Class 25. Therefore, applicant must amend the identification to specify the type of clothing.
If applicant’s “clothing” / “headgear” is in International Class 25, applicant may amend the identification to insert the word “namely,” after “clothing”/“headgear” and then list the specific types of clothing items in that class (e.g., shirts, pants, coats, dresses, hats, baseball caps).
Additionally, the second entry of “footwear for men, women and children” is repetitive and should be deleted.
Applicant may substitute the following wording, if accurate:
Clothing for men, for women and for children, namely, ____{identify the individual goods, e.g. shirts, shorts, pants, etc.};
footwear for men, for women and for children; headgear for men, for women and for children, namely, ____{identify the individual goods, e.g. hats, baseball caps,
etc.}; robes; bath robes; lingerie; underwear; pyjamas; swimming costumes; sportswear, namely, ____{identify the individual goods, e.g. jackets, shorts,
pants, etc.}; gowns; skirts; trousers; suits; wedding dresses; coats; shirts; jumpers; jackets; waist belts; neckties; stoles and scarves ; gloves;
rainproof clothing; tee-shirts; sweat shirts; aprons and hats for chefs; footwear for men, women and children; boots; shoes; slippers, hats being
caps; clothing for sports for men, for women and for sports for children, namely, ____{identify the individual goods, e.g. jackets, shorts, pants, etc.};
hosiery.
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
Identifications of goods can be amended only to clarify or limit the goods; adding to or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07. Therefore, Applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.
Foreign Registration Certificate Required
A copy of a foreign registration must consist of a document issued to an Applicant by, or certified by, the intellectual property office in the Applicant’s country of origin. TMEP §1004.01. If an Applicant’s country of origin does not issue registrations or Madrid Protocol certificates of extension of protection, the Applicant may submit a copy of the Madrid Protocol international registration that shows that protection of the international registration has been extended to the Applicant’s country of origin. TMEP §1016.
Therefore, Applicant must provide a copy of the foreign registration from Applicant’s country of origin. If the foreign registration is not written in English, Applicant must also provide an English translation. 37 C.F.R. §2.34(a)(3)(ii); TMEP §1004.01(a)-(b). The translation should be signed by the translator. TMEP §1004.01(b).
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF Applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF Applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.
/Thomas M. Manor/
Trademark Examining Attorney
Law Office 110
Phone: (571) 270-1519
Fax. No. (571) 273-1519
Thomas.Manor@USPTO.GOV
TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual Applicant or someone with legal authority to bind an Applicant (i.e., a corporate officer, a general partner, all joint Applicants). If an Applicant is represented by an attorney, the attorney must sign the response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that Applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.