To: | Page, Miko (Miko.page@gmail.com) |
Subject: | U.S. Trademark Application Serial No. 88412742 - MEEK - N/A |
Sent: | July 22, 2019 06:51:38 AM |
Sent As: | ecom114@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88412742
Mark: MEEK
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Correspondence Address: |
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Applicant: Page, Miko
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Reference/Docket No. N/A
Correspondence Email Address: |
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COMBINED EXAMINER’S AMENDMENT/PRIORITY ACTION 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: July 22, 2019
USPTO database searched; no conflicting marks found. The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting registered marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
Applicant must address issues shown below. On July 16, 2019, the examining attorney and Miko Page discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.
PRIOR PENDING APPLICATION(S)
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
INFORMATION ABOUT GOODS/SERVICES REQUIRED
Factual information about the goods must clearly indicate how they operate, their salient features, and their prospective customers and channels of trade. Factual information about the services must clearly indicate what the services are and how they are rendered, their salient features, and their prospective customers and channels of trade. Conclusory statements will not satisfy this requirement for information.
Failure to comply with a request for information is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814.
Merely stating that information about the goods or services is available on applicant’s website is an insufficient response and will not make the relevant information of record. See In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004).
The applicant must directly answer the following question(s) and/or provide the information requested:
1. If available, the applicant will provide a website address at which the goods and/or services are offered and/or the mark is used. If no website is available, then the applicant will state this fact for the record.
2. Does the applicant manufacture or offer any of the goods and/or services that appear in the prior pending applicant’s identification of goods and/or services?
3. Is the applicant aware of any other company and/or person(s) that provides both the goods and/or services, in whole or in part, listed in both the applicant’s identification and the prior pending applicant’s identification(s)? If so, the applicant must provide the name of the company and/or person(s) and any available website address for the same. The applicant need not provide more than five references per each cited prior pending application.
Application has been amended as shown below. As agreed to by the individual identified in the Priority Action section, the examining attorney has amended the application as shown below. Please notify the examining attorney immediately of any objections. TMEP §707. In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted. 37 C.F.R. §2.71(a).
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.
DESCRIPTION OF THE MARK
The following description of the mark is added to the record:
The mark consists of the stylized word “MEEK” and stylized Japanese characters.
See 37 C.F.R. §2.37; TMEP §§808 et seq.
IDENTIFICATION
The identification of goods is amended to read as follows [changes in bold text]:
Nail grooming products, namely, tips, glue, lacquer and glitter; non-medicated skin care preparations; nail care preparations; nail polish; body oil; body butter, nail polish remover; nail polish base coat; nail polish top coat; body scrubs; false nails; hair gel; shampoo; hair conditioners; cosmetic bath salts; hair oil; cosmetic preparations; hair spray; perfumes.
See TMEP §§1402.01, 1402.01(e).
TRANSLATION AND TRANSLITERATION
The English translation of the Japanese characters in the mark is “SHRINE MAIDEN” or “SUPPLEMENTARY PRIESTESS.”
The non-Latin characters in the mark transliterate to "MIKO" and this means "SHRINE MAIDEN" or "SUPPLEMENTARY PRIESTESS" in English.
How to respond. Click to file a response to this nonfinal Office action.
/Brian Pino/
Examining Attorney
Law Office 114
571.272.9209 Telephone
Brian.Pino2@uspto.gov
RESPONSE GUIDANCE
· If needed, find contact information for the supervisor of the office or unit listed in the signature block.