To: | Corona Riojas, Fernando (mail@emsip.com) |
Subject: | U.S. Trademark Application Serial No. 88479511 - SHARK - 2789-8 |
Sent: | September 11, 2019 01:11:52 PM |
Sent As: | ecom127@uspto.gov |
Attachments: | Attachment - 1 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88479511
Mark: SHARK
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Correspondence Address: EGBERT, MCDANIEL & SWARTZ, PLLC
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Applicant: Corona Riojas, Fernando
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Reference/Docket No. 2789-8
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 11, 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 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:
· Refusal – Current Application Is Duplicate Of A Registration
· Amended Identification Of Goods Required
REFUSAL – CURRENT APPLICATION IS DUPLICATE OF A REGISTRATION
Applicant may respond to this refusal by abandoning the application or surrendering the registration. To expressly abandon the application, an applicant should use the TEAS Request for Express Abandonment (Withdrawal) of Application form; to surrender the registration, the TEAS Surrender of registration for cancellation form should be used.
Applicant can expressly abandon the application (i.e., withdraw a pending application and end the application process) using the TEAS Request for Express Abandonment (Withdrawal) of Application form. This form must be properly signed by the applicant or, if represented by an authorized attorney, by the applicant’s attorney. See 37 C.F.R. §§2.68(a), 2.193(e)(2); TMEP §§611.03(b), 718.01. Once filed, a request for abandonment may not be withdrawn. 37 C.F.R. §2.68(a).
If applicant responds to the refusal, applicant must also respond to the requirement set forth below.
AMENDED IDENTIFICATION OF GOODS REQUIRED
In general, commas should be used in an identification (1) to separate a series of related items identified within a particular category of goods or services, (2) before and after “namely,” and (3) between each item in a list of goods or services following “namely” (e.g., personal care products, namely, body lotion, bar soap, shampoo). Id. Semicolons generally should be used to separate a series of distinct categories of goods or services within an international class (e.g., personal care products, namely, body lotion; deodorizers for pets; glass cleaners). Id.
Applicant may adopt the following identification, with changes highlighted in bold, if accurate:
Class 4 – “Charcoal briquettes; lighter fluid for charcoal; hardwood lump charcoal briquettes; wood chips for smoking and grilling”
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.
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.
ASSISTANCE
Please call or email the assigned trademark examining attorney with questions about this 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.
How to respond. Click to file a response to this nonfinal Office action
/Evonne M. Neptune/
Trademark Examining Attorney, Law Office 127
United States Patent and Trademark Office
(571) 270-1740
evonne.neptune@uspto.gov
ADDITIONAL RESPONSE GUIDANCE