Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

NONFINAL 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 14, 2020

 

The assigned trademark examining attorney inadvertently omitted a classification of goods requirement relevant to the mark in the subject application.  See TMEP §§706, 711.02.  Specifically, the goods identified as “sleeping bags” are located in International Class 24, not Class 20. The trademark examining attorney apologizes for any inconvenience caused by the delay in raising this issue.

 

THIS PARTIAL REQUIREMENT APPLIES ONLY TO THE “SPLEEPING BAGS FOR CAMPING” GOODS SPECIFIED HEREIN

 

Identification of Goods Partial-Requirement

 

The wording “sleeping bags for camping” in the original identification of goods identifies good currently in International Class 24.  Applicants amendment to includes these goods under the umbrella of “camping accessories namely” does not alleviate this classification issue.

 

See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  Therefore Applicant must either deleted these goods or pay the additional required fees as further described below.

 

Insufficient Fees Paid for 2 International Classes of Goods

 

The application identifies goods that are classified in at least 2 Classes; however, applicant submitted a fee(s) sufficient for only 1 Class.  In a multiple-class application, a fee for each International Class is required.  37 C.F.R. §2.86(a)(2); TMEP §§810.01, 1403.01.

 

Furniture; showcases (furniture); frames; seats; chairs; deck chairs; sun loungers; armchairs; sofas; beds; couches; stools; inflatable air pillows, cushions and mattresses, not for medical purposes; decorative wall hangings, not of textile (furniture); sculptures, figurines (statuettes) of wood, wax, plaster, cork, reed, cane, wicker, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics; boxes, chests (of plastic), letterboxes, not of metal or masonry; garment hangers (not of metal); tables; table tops; umbrella stands; magazine racks; photo frames; chests not of metal; works of art of wood, wax, plaster or plastic; busts of wood, wax, plaster or plastic; wax figures; chests; chests for toys; mobiles (decoration); non-metallic baskets; curtain tie-backs; packaging containers of plastic; wine stoppers; bottle stoppers, with or without valves, wine stoppers, pouring stoppers; workbenches; sawhorses; bench vices; trestles; trestle tables; tool boxes and tool containers of plastic or wood, tool boxes, not of metal; electrically actuated vacuum pumps for storing opened bottles; electric corkscrews; camping furniture; camping accessories, namely, cushions, air beds, sleeping bags, camp beds, camping mattresses, sleeping pads, inflatable furniture, tent pegs not of metal; playpens for children; mats for infant playpens; baby changing mats; garden and outdoor furniture; infant walkers

024-1382

024

Sleeping bags for camping

M

01/01/2017

GOODS

On 01-01-2017, this 12-24-2015 entry was transferred from Class 20 to Class 24 in compliance with Nice 11-2017. less

11-2017

 

Therefore, applicant must either:

 (1)       Specify the number of Classes for which registration is sought and provide the filing fees for the second additional Class.

 (2)       Delete the “sleeping bags” from the application. 

 

The application was filed via the Trademark Electronic Application System (TEAS) and therefore the filing fee per class was $275.  37 C.F.R. §2.6(a)(1)(i)-(ii); TMEP §810.  The application identifies goods in at least 2 Classes, which require a total of fees in the amount of $550.  Applicant submitted $275 with the application.  The fee(s) submitted was sufficient for only 1 Class. 

 

Therefore, the fee for adding classes to the application is as follows:  $275 per class, when the fee(s) are submitted with a response filed online via TEAS at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp

 .  37 C.F.R. §2.6(a)(1)(i)-(ii); TMEP §810.

 

 

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.

 

Applicant must respond to all issues raised in this Office action within six (6) months of the date of issuance of this Office action.  37 C.F.R. §2.62(a); see TMEP §711.02.  If applicant does not respond within this time limit, the goods: “sleeping bags” will be deleted from the application, and the application will then proceed to publication. 37 C.F.R. §2.65(a).

 

 

Applicant is encouraged to call or email the assigned attorney below to resolve the issues in this Office action.

 

 

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.  

 

How to respond.  Click to file a response to this nonfinal Office action.    

 

 

/Thomas M. Manor/

Trademark Examining Attorney

Law Office 110

Phone: (571) 270-1519

Fax. No. (571) 273-1519

Thomas.Manor@USPTO.GOV

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on February 14, 2020 for

U.S. Trademark Application Serial No. 88368023

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

/Thomas M. Manor/

Trademark Examining Attorney

Law Office 110

Phone: (571) 270-1519

Fax. No. (571) 273-1519

Thomas.Manor@USPTO.GOV

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from February 14, 2020, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond

 

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”