Suspension Letter

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

SUSPENSION NOTICE

No Response Required

 

 

Issue date:  February 18, 2020

 

 

The application is suspended for the reason specified below.  See 37 C.F.R. §2.67; TMEP §§716 et seq. 

 

The pending applications below have earlier filing dates or effective filing dates than applicant’s application.  If a mark in the applications below registers, the USPTO may refuse registration of applicant’s mark under Section 2(d) because of a likelihood of confusion with the registered mark(s). 15 U.S.C. §1052(d); see 37 C.F.R. §2.83; TMEP §§1208.02(c). Action on this application is suspended until the prior-filed applications below either register or abandon.  37 C.F.R. §2.83(c).  Information relevant to the applications below was sent previously.

 

            - U.S. Application Serial Nos. 87275401 and 88377097

 

REFUSALS AND/OR REQUIREMENTS RESOLVED AND MAINTAINED AND CONTINUED 

 

The following refusals and requirements are obviated and satisfied: 

 

• Section 2(d) Refusal as to Registration No. 4346794
• Basis Requirement as to Classes 3, 20, and 24
• Application Signature Required
• Amended Mark Description Required
• Amended Transliteration Statement Required
• Entity Type and Citizenship Required

 

See TMEP §713.02.

 

The following refusals and requirements are maintained and continued: 

·       Section 2(d) Refusal as to Registration Nos. 3719344, 2918892, and 4716442

·       Clarification of Identification of Goods and Services

·       Basis Required – Class 4

See id.  These refusals and requirements will be made final once this application is removed from suspension, unless a new issue arises.  See TMEP §716.01.

 

SECTION 2(d) REFUSAL

 

Applicant argued in the Response that confusion is obviated by applicant’s amended identification. However, the application contains goods and services related to those in the registrations and prior-filed applications and the marks are highly similar.  Accordingly, consumers may be confused as to the source of the goods and services.

 

CLARIFICATION OF IDENTIFICATION OF GOODS AND SERVICES

 

Applicant’s amended identification in Class 20 requires further clarification.  Particular wording in the proposed amendment to the identification is not acceptable because it exceeds the scope of the identification in the application.  See 37 C.F.R. §§2.32(a)(6), 2.71(a); TMEP §§805, 1402.06 et seq., 1402.07.  Applicant’s goods and services 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.  Therefore, the original identification in the application, and any previously accepted amendments, remain operative for purposes of future amendment.  See 37 C.F.R. §2.71(a); TMEP §1402.07(d).

 

In this case, the application originally identified the goods in Class 20 as follows: 

 

Class 20:  “side tables; Tool and tool accessory trays not made of metal sold empty and parts and fittings therefor; Casks, not of metal; Hampers in the nature of baskets for transporting goods for commercial purposes; Hand mirrors (a part of a dresser); Shelving for lockers; Statuettes of wood, wax, plaster or plastic; Joinery furniture; Coat hooks, not of metal; Cushions (furniture); Fabric indoor window blinds; Display cases; Library shelves; Clothes hangers; Flower-stands (furniture); Stands for flower pots; Washstands (furniture); sofa; stools, not of metal; Screens for fireplaces (furniture); Picture frames not include digital photo frames; Rattan (unworked or partly worked material); Bamboo furniture (not include caps, pad, mat); Decorations of plastic for foodstuffs; Hooks, not of metal, for clothes rails; Bed pillows; Pillows with down; Non-metal curtain rods; Cupboard; Bed bases; divans; writing desk; Dressing tables; Bins, not of metal; furniture or containers made from wicker; Oriental folding partition screens; stakes, not of metal, for plants or trees; Residential shelving units and component parts thereof, namely, shelves and brackets sold as a unit; Indoor window blinds; desks.”

 

However, the proposed amendment identifies the following goods in Class 20: 

 

Class 20:  “Side tables; Tool and tool accessory trays not made of metal sold empty and parts and fittings therefor; Casks, not of metal; Hampers in the nature of baskets for transporting goods for commercial purposes; Hand mirrors being a part of a dresser; Toilet mirrors being hand-held mirrors; Shelving for lockers; Statuettes of wood, wax, plaster or plastic; Joinery furniture; Coat hooks, not of metal; Decorative 3D pillows and cushions; Back support cushions not for medical purposes; Pillow-like device comprising plastic core, fabric, and cushion material to be worn on arm or leg while sleeping or at rest; Fabric indoor window blinds; Display cases; Library shelves; Clothes hangers; Flower-stands being furniture; Stands for flower pots; Washstands being furniture; sofa; stools, not of metal; Screens for fireplaces being furniture; Picture frames not include digital photo frames; Rattan being unworked or partly worked material; Figures made of rattan; Bamboo furniture not including caps, pad, mat; Decorations of plastic for foodstuffs; Hooks, not of metal, for clothes rails; Bed pillows; Pillows with down; Non-metal curtain rods; Cupboard; Bed bases; divans; writing desk; Dressing tables; Bins, not of metal; furniture made from wicker; containers made of wicker for commercial use; Containers, not of metal for commercial use; Plastic containers for commercial use, namely, for storing and dispensing bulk foods; Containers for industrial and commercial liquids not made of metal; Oriental folding partition screens; stakes, not of metal, for plants or trees; Residential shelving units and component parts thereof, namely, shelves and brackets sold as a unit; Indoor window blinds; desks.” 

 

This portion of the proposed amendment is beyond the scope of the original identification because the bolded goods are broader than those contains in the original identification.

 

Applicant may adopt the following identification of goods and services, if accurate:

 

Class 3:  No Changes Required.

 

Class 4:  No Changes Required.

 

Class 20:  “Side tables; Tool and tool accessory trays not made of metal sold empty and parts and fittings therefor; Casks, not of metal; Hampers in the nature of baskets for transporting goods for commercial purposes; Hand mirrors being a part of a dresser; Toilet mirrors being hand-held mirrors; Shelving for lockers; Statuettes of wood, wax, plaster or plastic; Joinery furniture; Coat hooks, not of metal; Cushions, namely, decorative 3D pillows and cushions; Back support cushions not for medical purposes; Cushions, namely, pillow-like device comprising plastic core, fabric, and cushion material to be worn on arm or leg while sleeping or at rest; Fabric indoor window blinds; Display cases; Library shelves; Clothes hangers; Flower-stands being furniture; Stands for flower pots; Washstands being furniture; sofa; stools, not of metal; Screens for fireplaces being furniture; Picture frames not include digital photo frames; Rattan being unworked or partly worked material; Figures made of rattan; Bamboo furniture not including caps, pad, mat; Decorations of plastic for foodstuffs; Hooks, not of metal, for clothes rails; Bed pillows; Pillows with down; Non-metal curtain rods; Cupboard; Bed bases; divans; writing desk; Dressing tables; Bins, not of metal; furniture made from wicker; containers made of wicker for commercial use; Bins, not of metal, namely, containers, not of metal for commercial use; Bins, not of metal, namely, plastic containers for commercial use, namely, for storing and dispensing bulk foods; Bins, not of metal, namely, containers for industrial and commercial liquids not made of metal; Oriental folding partition screens; stakes, not of metal, for plants or trees; Residential shelving units and component parts thereof, namely, shelves and brackets sold as a unit; Indoor window blinds; desks.”

 

Class 21:  No Changes Required.

 

Class 24:  No Changes Required.

 

Class 35:  No Changes Required.

 

Applicant may amend the identification to clarify or limit the goods and services, but not to broaden or expand the goods and services beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Generally, any deleted goods and services may not later be reinserted.  See 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.

 

BASIS REQUIRED – CLASS 4

 

The original application did not list a basis for Class 4 and the response did not address this issue.  Accordingly, this requirement is continued and maintained.

 

Suspension process.  The USPTO will periodically check this application to determine if it should remain suspended.  See TMEP §716.04.  As needed, the trademark examining attorney will issue a letter to applicant to inquire about the status of the reason for the suspension.  TMEP §716.05. 

 

No response required.  Applicant may file a response, but is not required to do so. 

 

 

/Clare Cahill/

Clare Cahill

Examining Attorney

Law Office 120

571-272-5218

Clare.Cahill@uspto.gov

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on February 18, 2020 for

U.S. Trademark Application Serial No. 88419875

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

/Clare Cahill/

Clare Cahill

Examining Attorney

Law Office 120

571-272-5218

Clare.Cahill@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

 

 

GENERAL GUIDANCE

·       Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·       Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·       Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”