To: | Valiant Entertainment LLC (nzoubek@rlfllp.com) |
Subject: | U.S. Trademark Application Serial No. 88403976 - SHADOWMAN - N/A |
Sent: | January 13, 2020 12:03:37 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. 88403976
Mark: SHADOWMAN
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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 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
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. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Applicant may adopt the following identification, if accurate:
Class 34: “Lighters for smokers; cigarette lighters; cigar lighters; cigarette lighter holder; cigar lighter holder; clips for ____ {specify, e.g., attaching} cigarette and cigar lighters ____ {onto objects}”.
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.
Response to Final Office Action
In such case, the application will proceed for the following goods only: “Lighters for smokers; cigarette lighters; cigar lighters; cigarette lighter holder; cigar lighter holder”.
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