To: | IGC Jewelry and Diamonds LLC (tmdocketing.burbach@hoveywilliams.com) |
Subject: | U.S. Trademark Application Serial No. 88478745 - NALEDI - 52498/4658 |
Sent: | September 09, 2019 11:53:51 PM |
Sent As: | ecom114@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. 88478745
Mark: NALEDI
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Correspondence Address: 10801 MASTIN BLVD., SUITE 1000
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Applicant: IGC Jewelry and Diamonds LLC
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Reference/Docket No. 52498/4658
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 09, 2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
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).
Translation Statement Required
Identification of Goods and/or Services
The wording “jewel cases” in the identification of goods is indefinite and must be clarified because it could include goods in more than a single class. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The identification for “wholesale services” in International Class 35 is indefinite and must be clarified because it could include a wide array of services related to wholesaling – from accounting to advertising and marketing services. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.11.
Applicant must amend the identification to specify the nature of the wholesale activity that applicant provides (e.g., wholesale distributorships, wholesale services by direct solicitation by sales agents, or wholesale store services). If the services are in the nature of wholesale stores, direct solicitation, or distributorships, the identification should also indicate the field or type of goods offered through the wholesale services, e.g., “wholesale distributorships featuring {indicate specific field, e.g. auto parts, clothing},” “wholesale services by direct solicitation by sales agents in the field of {indicate specific field},” and “wholesale store services featuring {indicate specific field, e.g. auto parts, clothing, jewelry}.” See TMEP §§1301.01(a)(ii), 1402.11.
Applicant may adopt the following wording, if accurate:
Class 14: Jewels; jewelry with diamonds; jewel cases of precious metal; jewelry cases
Class 35: Wholesale services in the field of jewelry, namely _________ [specify type of Class 35 wholesale services, e.g. wholesale store services featuring jewelry]
Class 42: Design of jewelry
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.
Please note: the identification of Class 42 services is acceptable.
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
/Suzanne Blane/
Examining Attorney
Law Office 114
Phone: 571-272-5497
suzanne.blane@uspto.gov (preferred)
RESPONSE GUIDANCE