To: | Valiant Entertainment LLC (nzoubek@rlfllp.com) |
Subject: | U.S. Trademark Application Serial No. 88403947 - BLOODSHOT - N/A |
Sent: | January 13, 2020 12:04:58 PM |
Sent As: | ecom109@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88403947
Mark: BLOODSHOT
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Correspondence Address: 235 PARK AVENUE SOUTH, THIRD FLOOR
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Applicant: Valiant Entertainment LLC
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Reference/Docket No. N/A
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: January 13, 2020
This action responds to the Applicant’s letter dated January 9, 2020 in which the applicant 1) amended the identification of goods. After careful consideration, the examining attorney has found that a portion of the identification of goods remains unacceptable as submitted. The identification of goods requirement is thus continued and made FINAL.
Application Informalities
Particular Wording in Amendment Exceeds Scope of Goods in Original Application
In this case, the application originally identified the goods and/or services as follows: “tableware, namely, plates, bowls and utensils; place mats of plastic; table mats not of paper or textile.”
However, the proposed amendment identifies the following goods and/or services: “Cooking utensils.”
This portion of the proposed amendment is beyond the scope of the original identification because tableware utensils and cooking utensils are two separate and distinct types of utensils, and “place mats of plastic, table mats not of paper or textile” are not considered to be tableware.
Identification of Goods – Final – In-part
A portion of the identification of goods is unacceptable as indefinite because the goods listed were not specific enough and may be classified in several different International Classes. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Applicant may adopt the following identification, if accurate:
Class 8: “Tableware utensils, namely, spoons, knives”
Class 21: “Beverage ware; containers for beverages and food, namely, insulated containers for food and beverages, household containers for food; coffee mugs; beverage glassware; water bottles and containers, namely, water bottles sold empty, containers sold empty for household use; insulated containers for food and beverages; insulators for food and beverage containers, namely, insulated sleeve holders for bottles and cans; lunch bags, namely, thermal insulated bags for food or beverages; insulating sleeve holder for beverage cups, bottles and cans; bottle openers; lunch boxes; lunch bags not made of paper; cosmetic utensils, namely, combs, hair-brushes, toothbrushes, toothbrush cases; tableware, namely, plates, bowls and utensils, namely, serving forks, serving spoons, mixing spoons; tableware utensils, namely, chop sticks; piggy banks; soap dispensers; waste baskets”.
For assistance with identifying and classifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html.
Please note that, while the identification of services may be amended to clarify or limit the services, adding to the services or broadening the scope of the services is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include services that are not within the scope of the services set forth in the present identification.
(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 fee(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least two classes; however, applicant submitted a fee(s) sufficient for only one class. 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.
Response to Final 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 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).
/David Collier/
Examining Attorney
Law Office 109
(571) 272-8859
david.collier@uspto.gov (not for formal responses)
RESPONSE GUIDANCE