To: | OFF-WHITE LLC (bigel@bilawfirm.com) |
Subject: | U.S. Trademark Application Serial No. 88428163 - OFF - N/A |
Sent: | July 30, 2019 09:19:05 AM |
Sent As: | ecom115@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88428163
Mark: OFF
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Correspondence Address:
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Applicant: OFF-WHITE LLC
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Reference/Docket No. N/A
Correspondence Email Address: |
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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 30, 2019
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(a), 2.65(a); TMEP §§711, 718.03.
SEARCH OF OFFICE’S DATABASE OF MARKS: 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: Applicant's identification of goods is unacceptable as written and must be amended because portions of the identification are overly broad and/or indefinite. See TMEP §1402.01. The identification of goods must be specific, definite, clear, accurate, and concise. See In re Societe Generale des Eaux Minerales de Vittel S.A., 1 USPQ2d 1296 (TTAB 1986), rev’d on other grounds, 824 F.2d 957, 3 USPQ2d 1450 (Fed. Cir. 1987); The Procter & Gamble Co. v. Economics Laboratory, Inc., 175 USPQ 505 (TTAB 1972), modified without opinion, 498 F.2d 1406, 181 USPQ 722 (C.C.P.A. 1974); In re Cardinal Laboratories, Inc., 149 USPQ 709 (TTAB 1966); California Spray-Chemical Corp. v. Osmose Wood Preserving Co. of America, Inc., 102 USPQ 321 (Comm’r Pats. 1954); Ex parte The A.C. Gilbert Co., 99 USPQ 344 (Comm’r Pats. 1953); TMEP §1402.01. Applicant must amend this wording to specify the common commercial or generic name for applicant's goods. If there is no common commercial or generic name for the good, then applicant must describe the nature of the goods as well as their main purpose, channels of trade, and the intended consumer(s).
Applicant's identification of goods in International Class 024 states, "Fabrics and textile goods, namely, household linen, bed linen, bath linen, bedding, bed sheets, pillow shams, pillow cases, blankets, comforters, quilts, bedspreads, bed covers, duvet covers, duvets, dust ruffles, throws, mattress covers, towels, bath towels, beach towels, face cloths, wash cloths, curtains, handkerchiefs, tapestries, textile bath mats, terry-cloth bath mats, cotton fabric, upholstery and curtain fabrics, fabric cascades".
“Bedding” is indefinite and must be amended to further specify the nature of the goods (i.e., bedding, namely, bed blankets and sheets)
“Blankets” is overly broad and must be amended to further specify the nature of the goods. As written, these goods would include horse blankets in International Class 018, yoga blankets in International Class 028, and bed blankets in International Class 024.
“Textile bath mats” is misclassified as such goods are classified in International Class 027.
“Terry-cloth bath mats” is misclassified as such goods would be classified in International Class 027.
The Office has included the following suggested language, which applicant may adopt, if applicable:
International Class 024: Fabrics and textile goods, namely, household linen, bed linen, bath linen, bedding, namely, bed sheets, pillow shams, pillow cases, bed blankets, comforters, quilts, bedspreads, bed covers, duvet covers, duvets, dust ruffles, throws, mattress covers, towels, bath towels, beach towels, face cloths, wash cloths, curtains, handkerchiefs, tapestries, cotton fabric, upholstery and curtain fabrics, fabric cascades.
International Class 027: Textile bath mats, Terry-cloth bath mats
International Class 028: Yoga blankets
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.
MULTI-CLASS APPLICATIONS (Advisory): The application identifies goods that are classified in at least three classes; however, applicant submitted a fee sufficient for only one class. In a multiple-class application, a fee for each class is required. 37 C.F.R. §2.86(a)(2), (b)(2); TMEP §§810.01, 1403.01.
Therefore, applicant must either (1) restrict the application to the number of classes covered by the fees already paid, or (2) submit the fees for each additional class.
The application identifies goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least three classes; however, applicant submitted a fee(s) sufficient for only one class. Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
Please call or email the assigned trademark examining attorney with questions about this Office action. Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the refusal(s) and/or requirement(s) in this Office action. See TMEP §§705.02, 709.06. Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
Response guidelines. For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
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.
How to respond. Click to file a response to this nonfinal Office action
/Lee B. Hunt/
Trademark Examining Attorney
Law Office 115
Lee.Hunt@USPTO.GOV
Direct Dial: (571) 272-8129
Direct Fax: (571) 273-8129
RESPONSE GUIDANCE