To: | Christmas Tree Shops, Inc. (trademarkadmin@lernerdavid.com) |
Subject: | U.S. Trademark Application Serial No. 88476714 - PETAL AND STONE - BBB.1188 |
Sent: | August 30, 2019 09:34:09 PM |
Sent As: | ecom102@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88476714
Mark: PETAL AND STONE
|
|
Correspondence Address: LERNER, DAVID, LITTENBERG, KRUMHOLZ & ME
|
|
Applicant: Christmas Tree Shops, Inc.
|
|
Reference/Docket No. BBB.1188
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: August 30, 2019
Applicant is encouraged to email the trademark examining attorney at eli.hellman@uspto.gov to resolve the issues raised below. If the suggestions listed below are acceptable, then the examiner will issue an examiner’s amendment and approve the application for publication.
No Similar Marks to Bar Registration
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).
The wording “candle lanterns” in the identification of goods is indefinite and must be clarified because candle lanterns is overbroad wording that includes “lanterns in the nature of lighting apparatus” in Class 11 and “lanterns in the nature of candle holders” in Class 21. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
“Kitchen towels” are classified incorrectly. Applicant must amend the application to classify the goods in International Class 024. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b).
Applicant may substitute the following wording, if accurate:
International Class 004: Candles
International Class 006: Works of art of common metal; general purpose metal storage bins
International Class 011: Floor lamps; table lamps; candle lanterns in the nature of lighting apparatus
International Class 014: Clocks
International Class 016: Blank journal books; desktop organizers; gift bags; gift wrap paper; note cards; notepads; art pictures on canvas
International Class 020: Barstools; benches; bookcases; cabinets; chairs; chests, not of metal; coat racks; entertainment centers; folding floor screens; framed art prints; furniture chests; non-metal storage boxes for general use; ottomans; residential shelving units and component parts thereof, namely, shelves and brackets sold as a unit; sofas; stools; wood bins; wood crates; works of art made of wood; curtain rods; picture frames; cushions; mirrors furniture; non-metal garden stakes; pillows
International Class 021: Baskets for household purposes; laundry baskets; laundry hampers for domestic or household use; dinnerware; ceramics, namely, bakeware and servingware for serving food and drinks; candle holders; planters for flowers and plants; serving trays; serving bowls; serving platters; serving spoons; spatulas for kitchen use; dish dry mats; oven mitts; lanterns in the nature of candle holders
International Class 024: Comforters; shower curtains; towels; table linen; bed sheets; quilts; throws; fabric window coverings and treatments, namely, sheers and valences; kitchen towels
International Class 026: Artificial flower wreaths; centerpieces of artificial flowers; ribbons of textile for packaging and for wrapping
International Class 027: Rugs; floor mats
An applicant may only amend an identification to clarify or limit the goods, but not to add to or broaden the scope of the goods. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07.
RESPONDING TO THIS OFFICE ACTION
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.
Please call or email the assigned trademark examining attorney with questions about this Office action. Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the refusal(s) and/or requirement(s) in this Office action. See TMEP §§705.02, 709.06. Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
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
/Eli J. Hellman/
Trademark Examining Attorney
Law Office 102
United States Patent and Trademark Office
571.272.8276
eli.hellman@uspto.gov
RESPONSE GUIDANCE