To: | Backcountry Ebikes, LLC (ip.docket.slc@dorsey.com) |
Subject: | U.S. Trademark Application Serial No. 88468060 - BAKCOU - T281612.US |
Sent: | September 10, 2019 01:17:43 PM |
Sent As: | ecom104@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88468060
Mark: BAKCOU
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Correspondence Address: |
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Applicant: Backcountry Ebikes, LLC
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Reference/Docket No. T281612.US
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: September 10, 2019
Search Results
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 and Classification of Goods and Services
The wording “bicycle ramps” in the identification of goods for International Class 12 must be clarified because it is too broad and could include goods in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. In particular, this wording could encompass metal ramps for use with vehicles belonging in Class 06 and plastic ramps for use with vehicles belonging in Class 20. Applicant must specify the material composition of the goods and classify accordingly.
The following is an amended version of applicant’s identification of goods and/or services that complies with the above-mentioned clarification requirements, with additions and
alterations in bold type. The italicized wording includes additional guidance and suggestions and the wording appearing with a strikethrough should be deleted.
Applicant may adopt the following identification of goods and/or services, if accurate:
CLASS 06: Auto aftermarket accessories, namely, metal bicycle ramps for use with vehicles
CLASS 09: Batteries for electric motorcycles
CLASS 12: Bicycles, electric bicycles and electric motorcycles and parts therefor, namely, batteries; cargo trailers; auto aftermarket
accessories, namely, bicycle racks for vehicles, gun racks for vehicles, and bicycle ramps; bicycle bags, namely, pannier bags for bicycles;
cargo bags, namely, luggage bags specially adapted for fitting in the trunk of vehicles
CLASS 18: Bags, namely, backpacks, and duffle bags, and cargo bags
CLASS 20: Auto aftermarket accessories, namely, plastic bicycle ramps for use with vehicles
CLASS 25: Clothing, namely, shirts, t-shirts, jackets, pants, rain gear, namely, rain jackets and rain pants; headgear; gloves
CLASS 35 is definite
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.
ADVISORY: MULTIPLE-CLASS APPLICATION
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class (for example, International Class 3: perfume; International Class 18: cosmetic bags sold empty).
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). Specifically, the application identifies goods and/or services based on use in commerce that are classified in at least 7 classes; however, applicant submitted a fee(s) sufficient for only 4 class(es). Applicant must either (a) submit the filing fees for the classes not covered by the submitted fees or (b) restrict the application to the number of classes covered by the fees already paid.
(3) Submit verified dates of first use of the mark anywhere and in commerce for each international class. See more information about verified dates of use.
(4) Submit a specimen for each international class. The current specimen is acceptable for class(es) 12, 18, 25, and 35 only. See more information about specimens.
Examples of specimens for goods include tags, labels, instruction manuals, containers, and photographs that show the mark on the actual goods or packaging, or displays associated with the actual goods at their point of sale. Webpages may also be specimens for goods when they include a picture or textual description of the goods associated with the mark and the means to order the goods.
Examples of specimens for services include advertising and marketing materials, brochures, photographs of business signage and billboards, and website printouts that show the mark used in the actual sale, rendering, or advertising of the services.
(5) Submit a verified statement that “The specimen was in use in commerce on or in connection with the goods and/or services listed in the application at least as early as the filing date of the application.” See more information about verification.
See 15 U.S.C. §§1051(a), 1112; 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(1), 2.86(a); TMEP §§904, 1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(a) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
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.
CONTACT INFORMATION
How to respond. Click to file a response to this nonfinal Office action
/Christine Martin/
Examining Attorney
Law Office 104
571-272-1630
christine.martin@uspto.gov
RESPONSE GUIDANCE