To: | Little Nomad LLC (nslifkin@harrisbeach.com) |
Subject: | U.S. Trademark Application Serial No. 88457175 - THE HOUSE OF NOA - 311024 |
Sent: | August 09, 2019 04:15:22 PM |
Sent As: | ecom105@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88457175
Mark: THE HOUSE OF NOA
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Correspondence Address:
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Applicant: Little Nomad LLC
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Reference/Docket No. 311024
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.
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
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 SERVICES
The wording “Online retail store services featuring washable housewares, indoor and outdoor products, namely, utility mats, blankets, pet beds, cushions, organizing totes” in the identification of services in Class 35 is indefinite and must be clarified because it is unclear whether the wording “washable housewares” identifies a separate field of the online retail store services or whether it is intended merely as a preface for the items following “namely.” See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Similarly, it is unclear whether all of the items following “namely” are “indoor and outdoor products.”
The wording “utility mats” as a subject of the online retail store services is also indefinite and must be clarified because it does not make clear what type(s) of mats are the subject of the services (“utility mats” could refer to baking mats or to floor mats, and if “outdoor products” applies to all of the goods following “namely,” the wording may even describe mulch mats of recycled rubber for preventing weed growth). See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording “organizing totes” is indefinite and must be clarified because it does not make clear what the wording “organizing” is referring to. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03, 1402.03(c). Further, the wording “totes” in the identification of services is a registered mark not owned by applicant; accordingly, applicant must amend the identification to delete this wording and, if not already included in the identification, provide the common commercial or generic name of the goods. See attached copy of U.S. Registration No. 5628451. TMEP §1402.09; see 37 C.F.R. §2.32(a)(6); Camloc Fastener Corp. v. Grant, 119 USPQ 264, 264 n.1 (TTAB 1958). Applicant may replace such wording with the following, if appropriate: “tote bags.”
Applicant may substitute the following wording, if accurate (change indicated in bold):
“Online retail store services featuring washable indoor, outdoor and houseware products, namely, washable floor mats, washable blankets, washable pet beds, washable cushions, and washable tote bags with incorporated organizer inserts, all for indoor and outdoor use” in Class 35.
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.
ATTORNEY BAR INFORMATION AND ATTESTATION REQUIRED
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.
CONTACT INFORMATION
/Molly Segal/
Molly Segal
Trademark Examining Attorney
Law Office 105
(571) 272-6490
Molly.Segal@uspto.gov
RESPONSE GUIDANCE