To: | Major League Baseball Players Associatio ETC. (trademarks@kelleydrye.com) |
Subject: | U.S. Trademark Application Serial No. 88417710 - 9 - N/A |
Sent: | July 28, 2019 06:30:05 PM |
Sent As: | ecom121@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88417710
Mark: 9
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Correspondence Address: |
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Applicant: Major League Baseball Players Associatio ETC.
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Reference/Docket No. N/A
Correspondence Email Address: |
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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 28, 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 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 22, 2019, the examining attorney and Patricia Werner 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.
Search Results
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
Summary of Issues
Amended Identification of Goods Required
Applicant may adopt the following identification of goods, if accurate:
International Class 025: Clothing, namely, t-shirts, sweatshirts, sweatpants, pants, tank tops, shorts, jerseys, warm-up suits, jackets, sport shirts, wrist bands as clothing, polo shirts; socks; hoodies; dresses; tops as clothing; swimwear; shorts; performance apparel, namely, t-shirts; headwear; baby apparel, namely, shirts for infants and baby headwear; shoes; scarves; cloth bibs; headwear, namely, caps and hats
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.
Applicant must also address the following requirement.
Amended Mark Description Required
The following description is suggested, if accurate: The mark consists of the number “9” superimposed over the shape of a shaded diamond.
Response to Office Action
How to respond. Click to file a response to this nonfinal Office action.
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.
/Jessie A. Maihos/
Examining Attorney
Law Office 121
(571) 270-3545
jessie.maihos@uspto.gov
RESPONSE GUIDANCE