To: | Kaloud, Inc. (tm@myerswolin.com) |
Subject: | U.S. Trademark Application Serial No. 88481951 - KALD 9244 |
Sent: | September 18, 2019 03:59:03 PM |
Sent As: | ecom108@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88481951
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Correspondence Address: |
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Applicant: Kaloud, Inc.
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Reference/Docket No. KALD 9244
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 18, 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).
The wording used to describe portions of the applicant’s goods needs clarification because it is indefinite and is too broad and could include goods and services in other international classes. See TMEP §§1402.01, 1402.03
The USPTO has the discretion to determine the degree of particularity needed to clearly identify goods and/or services covered by a mark. In re Fiat Grp. Mktg. & Corp. Commc’ns S.p.A, 109 USPQ2d 1593, 1597 (TTAB 2014) (citing In re Omega SA, 494 F.3d 1362, 1365, 83 USPQ2d 1541, 1543-44 (Fed. Cir. 2007)). Accordingly, the USPTO requires the description of goods and/or services in a U.S. application to be specific, definite, clear, accurate, and concise. TMEP §1402.01; see In re Fiat Grp. Mktg. & Corp. Commc’ns S.p.A, 109 USPQ2d at 1597-98; Cal. Spray-Chem. Corp. v. Osmose Wood Pres. Co. of Am., 102 USPQ 321, 322 (Comm’r Pats. 1954). These requirements for specification of the particular goods and/or services apply to applications filed under all statutory bases. See 15 U.S.C. §§1051(a)(2), 1051(b)(2), 1053, 1126(d)-(e), 1141f; 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.01(b)-(c).
The applicant insufficiently describes the following goods:
Class 34:
· “Charcoal as used in hookahs”- Applicant must clarify that these are smokers’ articles.
· “LED lighting systems” – This good must be classified and is properly classified in International Class 11.
· “LED lighting systems, namely, LED modules, power supplies, and wiring” – This good is properly classified in International Class 11.
· “Flavoring for hookah base water” – Applicant must clarify that these are smokers’ articles.
· “Educational services, namely, conducting classes, seminars, and workshops in the field of hookah, including, the history of hookah, preparation of hookah for smoking, hookah smoking etiquette, hookah selection and maintenance, hookah tobacco selection and mixing of flavors, and the distribution of course material in connection therewith” – Applicant must clarify the wording “including” and these services are properly classified in International Class 41.
· “Clothing and Apparel” – Applicant must specify the nature of the clothing and apparel and is properly classified in International Class 25.
· “Stickers” – This good is properly classified in International Class 16.
· “Patches” – Applicant must clarify the nature of this good.
· “Water bottles” – Applicant must clarify the nature of this good.
· “Toys” – Applicant must specify the nature of this good and this good is properly classified in International Class 16.
Applicant may adopt the following identification and classification, with the trademark examining attorney’s suggested additions in bold face type formatting, if accurate:
Class 11: LED lighting systems; LED lighting systems, namely, LED modules, power supplies, and wiring
Class 16: Stickers
Class 21: Water bottles sold empty
Class 25: Clothing and apparel, namely, {indicate specific nature of clothing and apparel}
Class 26: Ornamental cloth patches
Class 28: {Indicate specific nature of toys} toys
Class 34: hookahs; hookah parts, namely, bowls, hoses, bases, and stems, and containers for housing charcoal separate from bowls while permitting heat transfer to tobacco placed in the bowl; Smokers' articles, namely, hookah charcoal; hookah parts, namely, LED light system for use on hookahs; Smokers' articles, namely, flavoring for hookah base water;
Class 41: Educational services, namely, conducting classes, seminars, and workshops in the field of hookah, featuring, the history of hookah, preparation of hookah for smoking, hookah smoking etiquette, hookah selection and maintenance, hookah tobacco selection and mixing of flavors, and the distribution of course material in connection therewith
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.
Requirements for Multiple-Class Applications
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least 8 classes; however, applicant submitted a fee sufficient for only 1 class. Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
RESPONSE GUIDELINES
For this application to proceed further, applicant must explicitly address each refusal and/or requirement raised in this Office action. If the action includes a refusal, applicant may provide arguments and/or evidence as to why the refusal should be withdrawn and the mark should register. Applicant may also have other options specified in this Office action for responding to a refusal and should consider those options carefully. To respond to requirements and certain refusal response options, applicant should set forth in writing the required changes or statements. For more information and general tips on responding to USPTO Office actions, response options, and how to file a response online, see “Responding to Office Actions” on the USPTO’s website.
If applicant does not respond to this Office action within six months of the issue/mailing date, or responds by expressly abandoning the application, the application process will end and the trademark will fail to register. See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a), 2.68(a); TMEP §§718.01, 718.02. Additionally, the USPTO will not refund the application filing fee, which is a required processing fee. See 37 C.F.R. §§2.6(a)(1)(i)-(iv), 2.209(a); TMEP §405.04.
When an application has abandoned for failure to respond to an Office action, an applicant may timely file a petition to revive the application, which, if granted, would allow the application to return to active status. See 37 C.F.R. §2.66; TMEP §1714. The petition must be filed within two months of the date of issuance of the notice of abandonment and may be filed online via the Trademark Electronic Application System (TEAS) with a $100 fee. See 37 C.F.R. §§2.6(a)(15)(ii), 2.66(b)(1).
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06
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
/Ryan Lavoie/
Ryan Lavoie
Examining Attorney
Law Office 108
571-272-6774
Ryan.Lavoie@uspto.gov
RESPONSE GUIDANCE