To: | Citylook Imports Ltd (nixonptomail@nixonvan.com) |
Subject: | U.S. Trademark Application Serial No. 88410999 - COOKSMART - 5380-0035 |
Sent: | January 02, 2020 12:02:38 PM |
Sent As: | ecom101@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88410999
Mark: COOKSMART
|
|
Correspondence Address:
|
|
Applicant: Citylook Imports Ltd
|
|
Reference/Docket No. 5380-0035
Correspondence Email Address: |
|
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
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
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
(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