To: | RJ Schinner Co., Inc. (cftm@dewittllp.com) |
Subject: | U.S. Trademark Application Serial No. 88475857 - EMPRESS - 43933033 |
Sent: | September 10, 2019 08:27:20 AM |
Sent As: | ecom116@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88475857
Mark: EMPRESS
|
|
Correspondence Address: 2 E. MIFFLIN STREET, SUITE 600
|
|
Applicant: RJ Schinner Co., Inc.
|
|
Reference/Docket No. 43933033
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 10, 2019
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.
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).
Refusal – Specimen – Class 30
Registration is refused because the specimen does not show the applied-for mark in use in commerce in International Class 30. Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a). Specifically, the bag of coffee provided as a specimen for Class 30 does not show the mark on it.
An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark in use in commerce for each international class of goods identified in the application or amendment to allege use. 15 U.S.C. §1051(a)(1); 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).
Examples of specimens for goods include tags, labels, instruction manuals, containers, photographs that show the mark on the actual goods or packaging, and displays associated with the actual goods at their point of sale. See TMEP §§904.03 et seq. 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. TMEP §904.03(i). However, leaflets, handbills, advertising circulars, and other advertising materials generally are not acceptable specimens for goods. See TMEP §§904.03 et seq.
Applicant may respond to this refusal by satisfying one of the following for each applicable international class:
(1) Submit a different specimen (a verified “substitute” specimen) that (a) was in actual use in commerce at least as early as the filing date of the application or prior to the filing of an amendment to allege use and (b) shows the mark in actual use in commerce for the goods identified in the application or amendment to allege use. A “verified substitute specimen” is a specimen that is accompanied by the following statement made in a signed affidavit or supported by a declaration under 37 C.F.R. §2.20: “The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application or prior to the filing of the amendment to allege use.” The substitute specimen cannot be accepted without this statement.
(2) Amend the filing basis to intent to use under Section 1(b), for which no specimen is required. This option will later necessitate additional fee(s) and filing requirements such as providing a specimen.
For an overview of both response options referenced above and instructions on how to satisfy either option online using the Trademark Electronic Application System (TEAS) form, please go to http://www.gov.uspto.report/trademarks/law/specimen.jsp.
Although applicant’s mark has been refused registration, applicant may respond to the refusal by submitting evidence and arguments in support of registration. If applicant responds to the refusal, applicant must also respond to the requirement set forth below.
Identification of Goods
Class 6: Metal foils for packaging and wrapping; Aluminum foil; Metal towel dispensers; Fixed metal napkin dispensers.
Class 8: Plastic cutlery, namely, knives, forks, and spoons; Disposable place setting kits consisting of plastic flatware and napkins; Disposable plastic cutlery, namely, knives, forks and spoons.
Class 16: Paper towels; Paper napkins; Tissue paper; Paper and cardboard packaging containers for food and beverages; Packaging containers made of paper or cardboard; Paper trays for food packaging for the food industry; Food wrapping plastic film; Plastic films used as packaging for food; Paper toilet seat covers.
Class 20: Plastic containers and covers for the food industry; Plastic trays for foodstuff packaging for the food industry; Fixed nonmetal towel dispensers; Fixed nonmetal napkin dispensers.
Class 21: Paper plates; Food plates, bowls, and containers for household use made from bagasse and molded plant fiber; Plastic cups and cup lids; Paper cups; Insulating sleeve holders for beverage cups; Drinking straws; Beverage stirrers; Foodservice pans and household containers of metal foil; Insulated containers for food or beverages; Paper towel dispensers for household use and dispensers for facial tissues; Toilet paper dispensers; Disposable plastic gloves for use in the food service industry.
Class 30: [no changes]
For further 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.
How to respond. Click to file a response to this nonfinal Office action
/Linda King/
Examining Attorney
Law Office 116
571-272-9180
Linda.King@uspto.gov
RESPONSE GUIDANCE