To: | UMA Enterprises Inc. (lynne@boisineaulaw.com) |
Subject: | U.S. Trademark Application Serial No. 88391545 - AFRICAN TREASURES - 103835-0040 |
Sent: | December 06, 2019 01:55:48 PM |
Sent As: | ecom127@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88391545
Mark: AFRICAN TREASURES
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Correspondence Address:
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Applicant: UMA Enterprises Inc.
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Reference/Docket No. 103835-0040
Correspondence Email Address: |
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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) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
Issue date: December 06, 2019
This Office action is in response to applicant’s communication filed on October 24, 2019.
In a previous Office action dated July 9, 2019, applicant was required to satisfy the following requirements: Identification Requirement, Multiple-Class Application Requirements, and Disclaimer Requirement.
Based on applicant’s response, the trademark examining attorney notes that the following requirement has been satisfied: Disclaimer Requirement. See TMEP §§713.02, 714.04.
Further, the trademark examining attorney maintains and now makes FINAL the requirements in the summary of issues below. See 37 C.F.R. §2.63(b); TMEP §714.04.
SUMMARY OF ISSUES MADE FINAL that applicant must address:
Identification Requirement
As amended, applicant has identified the following goods and services:
International Class 20: Furniture; Home goods, namely, home accents, home organization, sculptures, and wall art
International Class 35: On-line wholesale store services featuring Furniture; Home goods, namely, home accents, home organization, sculptures, and wall art; On-line retail store services featuring Furniture; Home goods, namely, home accents, home organization, sculptures, and wall art
International Class 20
Home goods, namely, home accents, home organization, sculptures, and wall art
Applicant may substitute the following wording, if accurate: “home accents in the nature of {specify the International Class 20 goods, e.g., pillows}.”
Home organization
Applicant may substitute the following wording, if accurate: “home organization in the nature of {specify the International Class 20 goods, e.g., non-metal fabric storage bin organizer}.”
Sculptures
Applicant must clarify the wording in the identification of goods because it is indefinite and too broad. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. This wording is indefinite because it does not identify the material of the sculptures, which determines the classification. For example, “clay sculptures” are in International Class 19, and “Sculptures of {indicate Class 20 material, e.g., plaster, plastic, wax, wood, etc.}” are in International Class 20.
Applicant may substitute the following wording, if accurate: “Sculptures of {indicate Class 20 material, e.g., plaster, plastic, wax, wood, etc.}.”
Wall Art
Applicant must clarify the wording in the identification of goods because it is indefinite and too broad. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. This wording is indefinite because it does not identify the specific type of wall art. Further, this wording could identify goods in more than one international class. For example, “wall art made of natural stone and stone tile” is in International Class 19, and “Three-dimensional shadowbox wall art composed primarily of seashells” is in International Class 20.
Applicant may substitute the following wording, if accurate: “Three-dimensional shadowbox wall art composed primarily of seashell” in International Class 20.
International Class 35
Home goods, namely, home accents, home organization, sculptures, and wall art
First, applicant is advised to delete or modify the duplicate entry in the identification of goods in International Class 35 for “Home goods, namely, home accents, home organization, sculptures, and wall art.” See generally TMEP §§1402.01, 1402.01(a). If applicant does not respond to this issue, be advised that the USPTO will remove duplicate entries from the identification prior to registration.
If modifying one of the duplicate entries, applicant may amend it to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Also, generally, any deleted goods and/or services may not later be reinserted. TMEP §1402.07(e).
Additionally, the goods are indefinite and classified incorrectly. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b). Please Note: If applicant amends the application to classify the goods in the appropriate international class, applicant will also have to further specify the goods, as explained above. Applicant, however, cannot provide duplicate entries.
If accurate, applicant may adopt the suggestion below, which reflects all of the necessary changes discussed above and shows added or amended language underlined for clarity:
International Class 20: Furniture; Home goods, namely, home accents in the nature of {specify the International Class 20 goods, e.g., pillows}, home organization in the nature of {specify the International Class 20 goods, e.g., non-metal fabric storage bin organizer}, sculptures of {indicate Class 20 material, e.g., plaster, plastic, wax, wood, etc.}, and three-dimensional shadowbox wall art composed primarily of seashell
International Class 35: On-line wholesale store services featuring Furniture; On-line retail store services featuring Furniture
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.
Multiple-Class Application Requirements
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fees already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least 5 classes; however, applicant submitted fees sufficient for only 2 classes. Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
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 request for reconsideration of this final Office action that fully resolves all outstanding requirements and refusals and/or click to file a timely appeal to the Trademark Trial and Appeal Board (TTAB) with the required filing fee(s).
/Brittany Colton/
Brittany Colton
Examining Attorney
Law Office 127
571-272-2572
brittany.colton@uspto.gov
RESPONSE GUIDANCE