Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

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

 

 

 

 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:  7/10/2019

 

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 OF OFFICE’S DATABASE OF MARKS

 

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).

 

IDENTIFICATION OF GOODS MUST BE AMENDED

 

The wording in the identification of goods is indefinite and must be clarified because it does not sufficiently indicate the specific goods.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  In addition, the slashes in the identification of goods should be deleted and replaced with appropriate punctuation.

 

Applicant may substitute the following wording, if accurate: 

 

CLASS 18: furs sold in bulk

 

CLASS 25: Clothing namely, [indicate specific casual wear, e.g. pants, shirts], [indicate specific formal wear, i.e. dresses], [indicate specific athletic clothing, i.e. jerseys], swimwear, [indicate specific novelty apparel, i.e. shirts], Halloween costumes, [indicate specific exercise and fitness apparel], [indicate specific apparel for women, men, children, toddlers, and babies], aprons, ascots, babies' pants, bandanas, bath robes, bathing trunks, bathing suits, swimsuits, beachwear, belts, bibs, not of paper, boas, bodices, brassieres, breeches for wear, camisoles, chasubles, [indicate specific clothing for gymnastics, clothing, clothing of imitations of leather, clothing of leather], coats, collar protector pads for application to clothing collars, collars and shoulder wraps, combinations, corselets, corsets, cuffs, wristbands, [indicate specific cyclists' clothing], detachable collars, dress shields, dresses, dressing gowns, ear muffs, fishing vests, footmuffs, not electrically heated, fur stoles, fur coats, gabardines, garters, girdles, gloves, headbands, heelpieces for stockings, hoods, hosiery, jackets, jerseys, jumper dresses, pinafore dresses, [indicate specific knitwear, i.e. knitwear shirts], clothing layettes, leggings, leg warmers, liveries, maniples, masquerade costumes, mittens, money belts, [indicate specific motorists' clothing, i.e. gloves], muffs, neckties, [indicate specific outerclothing], overalls, smocks, overcoats, topcoats, pants, drawers as clothing, [indicate specific paper clothing], paper hats for use as clothing items, parkas, pelerines, pelisses, petticoats, pocket squares, pockets for clothing, ponchos, pullovers, jumpers, pajamas, ready-made linings being parts of clothing, [indicate specific ready-made clothing], saris, sarongs, sashes for wear, scarves, scarfs, shawls, shirt yokes, shirt fronts, shirts, short-sleeve shirts, athletic shirts, tank tops, sleeveless shirts, singlets, track suits, jogging suits, jerseys, ski gloves, skirts, skorts, sleep masks, slips being underclothing, sock suspenders, socks, spats, gaiters, stocking suspenders, stockings, sweat-absorbent stockings, stuff jackets, suits, suspenders, braces as suspenders for clothing, sweat-absorbent underclothing, anti-sweat underclothing, anti-sweat underwear, sweaters, teddies being underclothing, tee-shirts, t-shirts, tights, togas, trouser straps, gaiter straps, trousers, underpants, underwear, body linen, underclothing, uniforms, veils, waistcoats, vests, [indicate specific waterproof clothing], wet suits for water-skiing; Footwear namely, bath sandals, bath slippers, beach shoes, boot uppers, boots, boots for sports, esparto shoes or sandals, football shoes, football boots, footwear, footwear uppers, galoshes, goloshes, gymnastic shoes, half-boots, heelpieces for footwear, heels, inner soles, lace boots, non-slipping soles for footwear, sandals, shoes, ski boots, slippers, soles for footwear, sports shoes, studs for football boots, tips for footwear, welts for footwear, wooden shoes; Headgear namely, bathing caps, berets, cap peaks, caps, hat frames, hats, [indicate specific headgear for wear, i.e. hats], shower caps, skull caps, top hats, turbans, visors being headwear, wimples

 

CLASS 26: fittings of metal for footwear, namely, shoe eyelets

 

Applicant may amend the identification 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.  Generally, any deleted goods and/or services may not later be reinserted.  See TMEP §1402.07(e).

 

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.

 

REQUIREMENTS FOR A MULTIPLE CLASS APPLICATION

 

The application identifies goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):

 

(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 3 classes; however, applicant submitted a fee(s) sufficient for only 1 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 guidelines.  For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action.  For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above.  For a requirement, applicant should set forth the changes or statements.  Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.

 

Respond online to this letter.  Use the TEAS “Response to Office Action” online form to file a response.

 

If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney directly at the number below.

 

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.    

 

 

/Mark Sparacino/

Trademark Attorney

US Patent and Trademark Office

Law Office 103

571-272-9708

Mark.Sparacino@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 7/10/2019 for

U.S. Trademark Application Serial No. 88407385

 

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. 

 

 

/Mark Sparacino/

Trademark Attorney

US Patent and Trademark Office

Law Office 103

571-272-9708

Mark.Sparacino@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 7/10/2019, 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.”