To: | Spartan Race, Inc. (peter.riebling@rieblinglaw.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88418041 - TRAILFECTA - 386499-00488 |
Sent: | 6/15/2019 7:42:14 AM |
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. 88418041
MARK: TRAILFECTA
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Spartan Race, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW. A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
ISSUE/MAILING DATE: 6/15/2019
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.
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62, 2.65(a); TMEP §§711, 718.03.
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).
Identification of Goods – Clarification Required – Class 025
Applicant may substitute the following wording, if accurate:
“Clothing items and apparel, namely, athletic bottoms for exercise and obstacle course racing, shirts, shorts, hats, gloves, pants, sweat shirts, sweat pants, jackets, belts, [insert clarification of “caps,” e.g., caps being headwear], [insert clarification of “bottoms, tops,” e.g. bottoms as clothing, tops as clothing], coats, dresses, loungewear, scarves, sleepwear, socks, sweatbands, swimwear, bathing suits, board shorts, undergarments, underwear, warm up suits, warm up outfits, t-shirts, hooded sweat shirts, tank tops, baselayer tops, bikinis, blouses, boxer briefs, boxer shorts, briefs, arm warmers, [insert type of “sleeves,” e.g., sun sleeves], fleece pullovers, fleece tops, gym pants, gym shorts, gym suits, hooded pullovers, jerseys, jogging outfits, jogging pants, jogging suits, knit tops, knitted underwear, long-sleeved shirts, muscle tops, polo shirts, rainproof jackets, short-sleeved shirts, sport shirts, stockings, stretch pants; sweat jackets, sweat shorts, sweat suits; swim trunks, thermal underwear, trousers, uniforms, wind pants, wind resistant jackets, wind shirts, wind-jackets, yoga pants, yoga shirts, sports bras, bras, halter tops, [insert clarification of “sleeveless tops,” e.g., sleeveless tops as clothing], vests; headwear, namely, baseball caps, beanies, knit hats, sun visors, skull caps, sports caps, headbands; footwear, namely, shoes, sandals, beach shoes, running shoes, tennis shoes, athletic training shoes, in International Class 025.”
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.
Failure to Respond – Abandonment of Specific Goods – Advisory
If applicant does not respond to this Office action within the six-month period for response, the following goods in International Class 025 will be deleted from the application: “caps, bottoms, tops, sleeves, sleeveless tops.” The application will then proceed with the following goods in International Class 025 only: “Clothing items and apparel, namely, athletic bottoms for exercise and obstacle course racing, shirts, shorts, hats, gloves, pants, sweat shirts, sweat pants, jackets, belts, coats, dresses, loungewear, scarves, sleepwear, socks, sweatbands, swimwear, bathing suits, board shorts, undergarments, underwear, warm up suits, warm up outfits, t-shirts, hooded sweat shirts, tank tops, baselayer tops, bikinis, blouses, boxer briefs, boxer shorts, briefs, arm warmers, fleece pullovers, fleece tops, gym pants, gym shorts, gym suits, hooded pullovers, jerseys, jogging outfits, jogging pants, jogging suits, knit tops, knitted underwear, long-sleeved shirts, muscle tops, polo shirts, rainproof jackets, short-sleeved shirts, sport shirts, stockings, stretch pants; sweat jackets, sweat shorts, sweat suits; swim trunks, thermal underwear, trousers, uniforms, wind pants, wind resistant jackets, wind shirts, wind-jackets, yoga pants, yoga shirts, sports bras, bras, halter tops, vests; headwear, namely, baseball caps, beanies, knit hats, sun visors, skull caps, sports caps, headbands; footwear, namely, shoes, sandals, beach shoes, running shoes, tennis shoes, athletic training shoes.” See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
/Andrew Rhim/
Examining Attorney
Law Office 101
Phone (571) 272-9711
Fax (571) 273-9101
andrew.rhim@uspto.gov
TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.