To: | Strellson AG (jhousey@symbus.com) |
Subject: | U.S. Trademark Application Serial No. 88410314 - N/A |
Sent: | March 18, 2020 11:46:57 AM |
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. 88410314
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Correspondence Address:
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Applicant: Strellson AG
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Reference/Docket No. N/A
Correspondence Email Address: |
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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: March 18, 2020
This Office action is supplemental to and supersedes the previous Office action issued on March 12, 2020 in connection with this application. The assigned trademark examining attorney issued a final action instead of on a non-final action. See TMEP §§706, 711.02.
This Office action is in response to applicant’s communication filed on March 3, 2020.
In a previous Office action(s) dated October 7, 2019, applicant was required to satisfy the following requirement(s): amend the identification of goods and address multiple-class application requirements. Applicant satisfied the requirements raised in the October 7, 2019 Office action.
The trademark examining attorney inadvertently overlooked additional classification and identification of goods and multiple-class application requirements. Applicant must now address those issues. The trademark examining attorney apologizes for any inconvenience caused by the delay in raising this issue(s).
SUMMARY OF ISSUES:
· Classification and Identification of Goods Requirement
· Multiple-Class Application Requirements
CLASSIFICATION AND IDENTIFICATION OF GOODS REQUIREMENT
Applicant must clarify the wording “ties” in the identification of goods in International Class 25 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 make clear what the goods are. Further, this wording could identify goods in more than one international class. For example, plastic twist ties are in International Class 21 and ties as clothing are in International Class 25.
Additionally, applicant has classified the following good in International Class 14: “Nutcrackers of precious metal” and the following good in International Class 25: “Boot accessories, namely, decorative iron fitting covers, being appliqués.” However, the proper classification for each item is as follows: Class 21: “Nutcrackers of precious metal” and Class 26: “Boot accessories, namely, decorative iron fitting covers, being appliqués.”
Applicant may substitute the following wording, if accurate:
Class 6: Figurine statuettes of imitation gold
Class 9: Spectacles, hour glasses, sunglasses
Class 14: Badges of precious metal; agates; jewelry, namely, amulets, pins, ingots of precious metal; jewelry, namely, charms; jewelry of amber; boxes for sweetmeats of precious metal; jewelry, namely, brooches; busts of precious metal; chronometer timepieces; chronoscopes; diamonds; boxes of precious metal; electric clocks; vegetable ivory jewelry; jewelry cases of precious metal; figurine statuettes of precious metal; gold wire jewelry; objects of imitation gold being imitation jewelry; hat ornaments of precious metal; watch chains; baskets of precious metal for household purposes; works of art of precious metal; jewelry, namely, medals and medallions; collectible coins; needle-shaped jewelry ; decorative pins, namely, ornamental pins being jewelry; needles in the form of jewelry of precious metal; nutcrackers of precious metal; identity plates of precious metal; jewelry boxes of precious metal; sundials; spinel precious stones; statuettes of precious metal; stopwatches; paste jewelry, namely, semi-wrought precious imitation stone; commemorative statuary cups of precious metal; clocks and watches; pendulum clocks; alarm clocks
Class 18: bags for campers, namely, all-purpose carrying bags for blankets and for covering of skins and furs; attaché cases; boxes of leather or leather board; net bags, namely, mesh shopping bags and shopping bags made of canvas or leather; leather ware, namely, animal skins, fur pelts; umbrella cases; game bags, namely, animal game bags; bags for travel; suitcases; luggage trunks; umbrellas; school satchels; school bags; parasols; walking sticks; shopping bags with wheels attached; haversacks; tool bags of leather or kid, sold empty
Class 21: Nutcrackers of precious metal
Class 22: Plastic twist ties
Class 25: Suits; baby wear, namely, layettes for clothing; swimsuit; bathing trunks; bathrobes; swimming caps; bath sandals; bath slippers; neckerchief bandanas; clothing of imitation leather, namely, shirts, polo shirts, sweatshirts, sport shirts, tie shirts, over shirts, T- shirts; blouses; tank tops; blouson; skirts; head scarves; neck scarves; square scarves; stoles; pants; sports jerseys; beach wear and swimwear; swim trunks; swim suits; bikinis; swim shorts; beach shorts; Bermuda shorts; bathing gowns; beach suits and beach gowns; motorists' clothing, namely, gloves, pants, headwear; clothing and clothing of paper, namely, sport shirts, tie shirts, dress shirts, over shirts; pullovers; vests; shorts; jeans shirts; jeans blouses; jeans jackets; jeans overalls; jeans skirts; gym suits; track suits; track suit trousers; jogging suits; jogging trousers; jogging jackets; jogging pullovers; jogging blousons; tennis wear; Boot accessories, namely, decorative iron fitting covers, being appliqués, for boots; bodies, namely, body shapers; brassieres; garments, namely, belts; clothing for gymnastics, namely, leotards; gymnastic shoes; ankle boots in the nature of half-boots; scarves; gloves; slippers; shirt fronts; shirts; braces in the nature of suspenders; hats; clothing, namely, jerseys; designer clothing, namely, shirts, polo shirts, sweatshirts, sport shirts, tie shirts, dress shirts, over shirts, T-shirts; headgear, namely, hats and baseball caps; camisoles; corsets being clothing; ties as clothing; bibs not of paper; clothing of leather, namely, shirts, polo shirts, sweatshirts, sport shirts, tie shirts, dress shirts, over shirts, T-shirts; underwear; corselets; dressing gowns; muffs; caps being headwear; outer clothing, namely, earmuffs; clothing articles, namely, combinations; pelerines; fur coats; muffs and jackets; petticoats; jumpers; pajamas; cyclists' clothing, namely, cyclists jerseys; raincoats; sandals; veils; wimples; knickers; lace-up boots; shoes; footwear; aprons; ski boots; briefs; socks; sock suspenders; boots for sports; boots; headbands; esparto shoes or sandals; shawls; beachwear; beach shoes; garters; stockings; tights; sweaters; T-shirts; togas; knitwear, namely, skirts and tops; underpants; body linen; linen clothing, namely, shirts, polo shirts, sweatshirts, sport shirts, tie shirts, dress shirts, over shirts, T- shirts; wetsuits for water-skiing; waistcoats; hosiery
Class 26: Boot accessories, namely, decorative iron fitting covers, being appliqués
Applicant may amend the identification to clarify or limit the goods, but not to broaden or expand the goods 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 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.
MULTIPLE-CLASS APPLICATION REQUIREMENTS
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 8 classes; however, applicant submitted a fee(s) sufficient for only 5 class(es). 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 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c).
For 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, see the Multiple-class Application webpage.
The USPTO changed the federal trademark rules to eliminate the TEAS RF application, which is now considered a “TEAS Standard” application. See 37 C.F.R. §2.6(a)(iii). The fee for adding classes to a TEAS Standard application is $275 per class. See id. For more information about these changes, see the Mandatory Electronic Filing webpage.
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.
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a response to this nonfinal Office action.
/Laila Sabagh/
Laila Sabagh
Trademark Examining Attorney
Law Office 127
(571) 272-8230
Laila.Sabagh@uspto.gov
RESPONSE GUIDANCE