To: | Chang, Sae Heung (jm@moas.com) |
Subject: | U.S. Trademark Application Serial No. 88416435 - NMF - 15162/2019 |
Sent: | January 16, 2020 01:24:03 PM |
Sent As: | ecom116@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88416435
Mark: NMF
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Correspondence Address: |
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Applicant: Chang, Sae Heung
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Reference/Docket No. 15162/2019
Correspondence Email Address: |
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FINAL 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) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
Issue date: January 16, 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. 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.
This action responds to applicant’s communication filed November 27, 2019, wherein applicant amended the identification of goods. While applicant’s amended identification of Class 017 is acceptable, the identification of Class 022 remains unacceptable and that issue is MADE FINAL. Applicant failed to address the significance requirement and that issue is MADE FINAL. Applicant must respond timely and completely to the issue(s) below. See 37 C.F.R. §2.64(a); TMEP §714.04.
IDENTIFICATION UNACCEPTABLE - REQUIREMENT – CLASS 022 ONLY
Applicant has identified the following:
“Downs, down feathers and its enveloping system for use as stuffing material and a bag for stuffing material in jackets and other clothing to provide warmth and temperature protection in said clothing” in Class 022.
Unfortunately, this wording is confusingly and therefore insufficiently definite for registration purposes. See TMEP §1402.01. Applicant must clearly identify the particular common commercial name of the goods and their specific purposes.
Applicant may adopt the following, if accurate:
“Downs, and down feathers enveloping systems comprised primarily of down feathers and bags, the foregoing all used for use as stuffing material in jackets and other clothing to provide warmth and temperature protection in said clothing” in Class 022.
Applicant’s goods 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 or add goods 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 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 will further limit scope, and once goods 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.
EXPLANATION OF MARK’S SIGNIFICANCE REQUIRED
How to respond. Click to file a request for reconsideration of this final Office action that fully resolves all outstanding requirements and refusals and/or click to file a timely appeal to the Trademark Trial and Appeal Board (TTAB) with the required filing fee(s).
/SeanCrowley/
Examining Attorney
Law Office 116
U.S. Patent and Trademark Office
571.272.8851
sean.crowley@uspto.gov
RESPONSE GUIDANCE