Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

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

 

 

 

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:  January 02, 2020

 

 

 

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 response to this nonfinal Office action.   

 

Serial No. 88410999

 

This Office action is in response to applicant’s communication filed on 12/11/19.

 

In the initial Office action, the examining attorney requested amendment to the identification of goods in all classes and set forth the multi-class application requirements.

 

In response, applicant filed an amendment to the identification of goods in three classes.

 

Applicant should note the following:

 

Class 20—Acceptable

 

Identification of Goods—Class 21

 

The identification of goods is indefinite and must be clarified because many of the items require additional language.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

Applicant may substitute the following wording, if accurate: 

 

“Kitchen utensils in the nature of Colanders, Baking Dishes, Baking Utensils, namely, [LIST ITEMS, e.g., basting spoons, strainers, etc.], Baking Tins, namely, baked goods tins sold empty for domestic use, Bread Bins, Bread Boards, Butter Dishes, Cake Tins, Canister Sets, Creamer Jugs, namely, creamer pitchers, Egg Cups, Plastic storage containers for household use, namely, egg Storage Containers, Gravy Boat, Graters for household purposes, Kitchen Sieves for household purposes, Pepper Shakers, Pet Feeding and Drinking Bowls, Pet Treat Jars, Pint [INDICTE TYPE, e.g., beer, wine, syrup, etc.] Jugs, Tea Bag Rests, Tea Pots, Toast Racks, Salt Shakers, Spoon Rests, and Sugar Bowls; Kitchen containers; Serving trays; Trays for household purposes; Beverage glassware; Porcelain Dinner table Plates, Side table Plates, Breakfast Bowls, Pasta Bowls, Mugs; Earthenware Ceramic Canisters, Ceramic Tea Bag Rests, Ceramic Spoon Rests, Ceramic Egg Cups, Ceramic Butter Dishes, Ceramic Mugs, Ceramic Tea pots, Ceramic Sugar Bowls, Ceramic Creamer Jugs, namely, ceramic creamer pitchers, Ceramic [INDICTE TYPE, e.g., beer, wine, syrup, etc.] Pint Jugs, Ceramic Toast Racks, Ceramic Salt Shakers, Ceramic Pepper Shakers, Ceramic Gravy Boats, Ceramic storage containers for household use, namely Egg Storage Containers, Ceramic Pet Feeding and Drinking Bowls, Ceramic Pet Treat Jars; coffee and tea services in the nature of tableware; cookware, namely, Cooking Pots, Glass cooking Pots, Cooking Pans, Metal cooking Pans, Frying Pans, Roasting Pans and Food Steamers, non-electric; Kitchen containers; Cookware in the nature of pots and pans; Coasters, not of paper or textile; Plastic coasters; Chopping boards for kitchen use; Wood chopping boards for kitchen use; Wooden chopping boards for kitchen use; Rubber gloves for household use; Rubber gloves for domestic use; Household and kitchen utensils, namely, Colanders, Baking Dishes, Baking utensils, namely, [LIST ITEMS, e.g., basting spoons, graters, etc.], Baking Tins, namely, baked goods tins sold empty for domestic use, Bread Bins, Bread Boards, Butter Dishes, Cake Tins, Canister Sets, Creamer Jugs, namely, creamer pitchers, Egg Cups, Egg Storage, namely, egg storage containers, Gravy Boat, Graters for household purposes, Kitchen Sieves for household purposes, Pepper Shaker, Pet Feeding and Drinking Bowls, Pet Treat Jars, Pint [INDICTE TYPE, e.g., beer, wine, syrup, etc.] Jugs, Tea Bag Rests, Tea Pot, Toast Racks, Salt Shaker, Spoon Rests and Sugar Bowls; Kitchen utensils, not of precious metal in the nature of Colanders, Baking Dishes, Baking Utensils, namely, [LIST ITEMS, e.g., basting spoons, strainers, etc.]; Baking Tins, namely, baked goods tins sold empty for domestic use, Bread Bins, Bread Boards, Butter Dishes, Cake Tins, Canister Sets, Creamer Jugs, namely, creamer pitchers, Egg Cups, Plastic storage containers for household use, namely, egg Storage containers, Gravy Boat, Graters for household purposes, Kitchen Sieves for household purposes, Pepper Shaker, Pet Feeding and Drinking Bowls, Pet Treat Jars, Pint [INDICTE TYPE, e.g., beer, wine, syrup, etc.] Jugs, Tea Bag Rests, Tea Pot, Toast Racks, Salt Shaker, Spoon Rests and Sugar Bowls; Abrasive instruments for kitchen cleaning purposes, namely, Scrubbing Brushes, Abrasive Pads for kitchen purposes and Abrasive Sponges for scrubbing the skin; Oven mitts; Oven gloves for household purposes; Tea cosies; Cosies in the nature of tea cosies; Pot holders; Cake tins; Boxes for biscuits in the nature of biscuit tins, sold empty; Glass jars; Glass storage jars; Storage jars in the nature of glass storage jars; Mugs; Glass mugs; Earthenware mugs; Porcelain mugs; China mugs; Ceramic mugs; Travel mugs; Egg cups; Butter dishes; non-electric tea pots; Sugar bowls; Jugs; Cream jugs, namely, creamer pitchers; Milk jugs, namely, milk pitchers; Spoon rests; Plates; Bowls; Biscuit cutters; Pet drinking bowls; Pet feeding and drinking bowls; Place mats of plastic; Vinyl place mats; Plastic place mats; Place mats, not of paper or textile; Thermal insulated cool bags for food or beverages, for household use; Lunch boxes; Non-electric portable beverage coolers; Portable beverage coolers in the nature of non-electric portable beverage coolers,” in Class 21

 

 

Identification of Goods—Class 24

 

The identification of goods is indefinite and must be clarified because many of the items require additional language.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

Applicant may substitute the following wording, if accurate: 

 

“Cotton fabric, Linen fabric, Polycotton, namely, polyester fabric and cotton fabric, textiles made from 100% Recycled Polyethylene Terephthalate (RPET) material; Textiles, namely, Tea Towels, PVC Coated Tablecloths of textile, Tablecloths of textile, textile Napkins of textile, textile Placemats, covers for Cushions and textile blanket Throws; Textiles and substitutes for textiles in the nature of Tea Towels, PVC Coated Tablecloths of textile, Tablecloths of textile, Napkins of textile, Placemats of textile, covers for Cushions and blanket Throws; Textile goods, and substitutes for textile goods in the nature of Tea Towels, PVC Coated Tablecloths of textile, Tablecloths of textile, Napkins of textile, Placemats of textile, covers for Cushions and blanket Throws; Textiles for furnishings in the nature of Tea Towels, PVC Coated Tablecloths of textile, Tablecloths of textile, Napkins of textile, Placemats of textile, covers for Cushions and blanket Throws; Mixed fiber fabrics; Fabrics made of mixed synthetic and natural fibres, other than for insulation; Fabrics made from cotton, other than for insulation; Cotton fabrics; Cotton base mixed fabrics; Textiles made of cotton, namely, Tea Towels, PVC Coated Tablecloths of textile, Tablecloths of textile, Napkins of textile, Placemats of textile, covers for Cushions and blanket Throws; Polyester textiles, namely, polyester fabric; Fabrics made from polyester, other than for insulation; unfitted fabric and plastic coverings for furniture; Tea towels; Textile place mats; Fabric place mats in the nature of place mats of fabric material; Table cloths; Table cloths of textile; Table cloths not of paper; Table runners made of fabric; Fabric table runners; Cloth napkins for removing make-up; Textile napkins in the nature of table napkins of textile; Blankets for household pets,” in Class 24.

 

“textiles, namely, Aprons, PVC Coated Aprons,” in Class 25.

 

“gloves for household purposes, namely, Double Oven Gloves, Single Oven Gloves,” in Class 21.

 

“pot holders,” in Class 21.

 

“tea cosy,” in Class 21.

 

“seat pads for use with chairs and car seats,” in Class 20.

 

 

 

Scope Advisory

 

Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted.  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.

 

 

Multi-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 44:

 

(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 4 classes; however, applicant submitted a fee(s) sufficient for only 3 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 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 44 multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.

 

Response

 

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.

 

 

 

 

/efalk/

Erin Falk

Trademark Examining Attorney

Law Office 101

571-272-1110

erin.falk@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 January 02, 2020 for

U.S. Trademark Application Serial No. 88410999

 

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. 

 

 

/efalk/

Erin Falk

Trademark Examining Attorney

Law Office 101

571-272-1110

erin.falk@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 January 02, 2020, 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.”