To: | kim, yeon kyung (kelly09140@gmail.com) |
Subject: | U.S. Trademark Application Serial No. 88448396 - SANCER - N/A |
Sent: | August 21, 2019 09:30:59 PM |
Sent As: | ecom112@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88448396
Mark: SANCER
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Correspondence Address:
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Applicant: kim, yeon kyung
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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: August 21, 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.
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).
1. Identification of goods.
2. Multi-class application.
3. Classification.
4. Significance of the mark.
INFORMALITIES
The word “clothing” in the identification of goods is indefinite and too broad and must be clarified because the word does not make clear the nature of the goods and could identify goods in more than one international class. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. The following are examples of acceptable identifications: “clothing for protection against accidents, irradiation and fire” in International Class 9; “surgical gowns” in International Class 10; “pet clothing” in International Class 18; and “shirts,” “shorts,” and “pants” in International Class 25. Therefore, applicant must amend the identification to specify the type of clothing. If applicant’s “clothing” is in International Class 25, applicant may amend the identification to insert the word “namely,” after “clothing” and then list the specific types of clothing items in that class (e.g., shirts, pants, coats, dresses).
The wording “top is indefinite and must be clarified, e.g. “tops being clothing.”
The wording “dress” is indefinite and must be clarified, e.g. “dresses.”
The wording “jacket” is indefinite and must be clarified, e.g. “jackets.”
The wording “denim” is indefinite and must be clarified, e.g. “denim jeans and denim pants.”
The wording “blazer” is indefinite and must be clarified, e.g. “blazers.”
The wording “cardigan” is indefinite and must be clarified, e.g. “cardigans.”
The wording “gym wear” is indefinite and must be clarified, e.g. “gym pants, gym suits, gym shorts, and gym boots.”
The wording “active wear” is indefinite and must be clarified, e.g. “running shorts.”
The wording “under wear” is indefinite and must be clarified, e.g. “underwear.”
The wording “romper” is indefinite and must be clarified, e.g. “rompers.”
The wording “,,and plus size,,,etc” is indefinite and must be clarified, e.g. “plus size shirts and pants.”
Applicant may adopt the following wording, if accurate:
Clothing for protection against accidents, irradiation and fire. International Class 9.
Surgical gowns. International Class 10.
Pet clothing. International Class 18.
Clothing, namely, tops, dresses, jackets, pants, shorts, denim jeans and denim pants, jeans, blazers, cardigans, gym pants, gym suits, gym shorts, and gym boots, running shorts, underwear, swim wear, rompers, skirt, and plus size shirts and pants. International Class 25.
MULTI-CLASS APPLICATION
(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 FOUR 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 Trademark Act Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
CLASSIFICATION OF GOODS/SERVICES
If applicant adopts the suggested amendment of the goods and/or services, then applicant must amend the classification to International Classes 9, 10, 18, and 25. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§805, 1401.
EXPLANATION OF MARK’S SIGNIFICANCE REQUIRED
(1) Explain whether the wording in the mark “SANCER” has any meaning or significance in the trade or industry in which applicant’s goods and/or services are manufactured or provided, any meaning or significance as applied to applicant’s goods and/or services, or if such wording is a term of art within applicant’s industry.
(2) Explain whether the wording in the mark “SANCER” identifies a geographic place.
(3) Respond to the following questions:
i. Does the term SANCER have any meaning in foreign language?
See 37 C.F.R. §2.61(b); TMEP §814.
Failure to comply with a request for information is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814.
The USPTO applies the following legal authority to a trademark application:
• The Trademark Act of 1946 (15 U.S.C. §§1051 et seq.)
• The Trademark Rules of Practice (37 C.F.R. pts. 2, 3, 6, 7, 11)
• Precedential court and Trademark Trial and Appeal Board (TTAB) decisions
• The Trademark Manual of Examining Procedure (TMEP)
• The Trademark Trial and Appeal Board Manual of Procedure (TBMP)
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
/Warren L. Olandria/
Warren L. Olandria
Trademark Examining Attorney
U.S. Patent & Trademark Office
Law Office 112
Phone: 571-272-9718
Warren.Olandria@uspto.gov
RESPONSE GUIDANCE