To: | Karza Med Group LLC (mws@kirschsteinlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88468566 - SWISSSPA - N/A |
Sent: | September 06, 2019 10:42:26 AM |
Sent As: | ecom121@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. 88468566
Mark: SWISSSPA
|
|
Correspondence Address: KIRSCHSTEIN ISRAEL SCHIFFMILLER & PIERON 425 FIFTH AVENUE 5TH FLOOR - SUITE 501
|
|
Applicant: Karza Med Group LLC
|
|
Reference/Docket No. N/A
Correspondence Email Address: |
|
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 06, 2019
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).
SUMMARY OF ISSUES:
· Mark Not Entitled to Register – Prior-filed Application Pending
· Amended Identification of Goods Required
· Information Required About Wording in Mark
MARK NOT ENTITLED TO REGISTER – PRIOR-FILED APPLICATION PENDING
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
AMENDED IDENTIFICATION OF GOODS REQUIRED
The wording “baby wipes” in the identification of goods is indefinite and must be clarified because baby wipes must be specified as being impregnated with cleaning preparations for classification in Class 3. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Applicant may adopt the following wording in Class 3, if accurate, with changes in bold:
International Class 3: Baby wipes impregnated with cleaning preparations, body wipes impregnated with a skin cleanser, hand wipes impregnated with a skin cleanser, sponges impregnated with cleaning preparations, cloths impregnated with a detergent for cleaning
The identification of goods in Class 21 is acceptable as written in the application.
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.
INFORMATION REQUIRED ABOUT WORDING IN MARK
To permit proper examination of the application, applicant must provide the following information:
(1) Explain whether the wording in the mark “SWISS” has any meaning or significance in the industry in which the goods are manufactured/provided, any meaning or significance as applied to applicant’s goods, or if such wording is a term of art within applicant’s industry.
(2) Explain in a written statement where the goods will come from or will originate.
(3) Respond to the following questions:
· Does the wording “SWISS” in the mark refer to the country of Switzerland?
· Do applicant’s goods have any connection to Switzerland?
· Will applicant’s goods be manufactured, packaged, shipped from, sold in or have any other connection with Switzerland?
See 37 C.F.R. §§2.32(a)(9)-(a)(10), 2.61(b); TMEP §§809-809.03, 814, 1210.03.
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.
HOW TO RESPOND
Click to file a response to this nonfinal 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.
/Hannah Gilbert/
Hannah Gilbert
Trademark Examining Attorney
Law Office 121
(571) 272-5029
hannah.gilbert@uspto.gov
RESPONSE GUIDANCE