To: | Berry Global, Inc. (adamborgman@berryglobal.com) |
Subject: | U.S. Trademark Application Serial No. 88482022 - OBEX - 1188-US |
Sent: | July 30, 2019 01:39:58 PM |
Sent As: | ecom103@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88482022
Mark: OBEX
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Correspondence Address:
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Applicant: Berry Global, Inc.
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Reference/Docket No. 1188-US
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: July 30, 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).
INDEFINITE IDENTIFICATION OF GOODS & SERVICES
The identification of goods and services is indefinite and must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must amend the identification to specify the common commercial or generic name of the goods and services. See TMEP §1402.01. If the goods have no common commercial or generic name, applicant must describe the product, its main purpose, and its intended uses. See id. Further, if the services have no common commercial or generic name, applicant must describe or explain the nature of the services using clear and succinct language. See id.
The goods identified as “Woven and non-woven fabrics for use in various applications, such as hygiene, filtration, wipes, healthcare, and other industrial applications included in this class in International Class 24 are indefinite. If these goods are in the nature of woven and non-woven fabrics for use in hygiene, filtration, healthcare, and industrial applications, such goods are properly classified in International Class 24 and applicant may so specify.
The goods identified as “air-through bonded or thermobonded non-woven textile fabrics for medical applications and for personal hygiene” in International Class 24 are indefinite. If these goods are in the nature of air-through bonded or thermobonded non-woven textile fabrics for use in the manufacture of medical and personal hygiene products, such goods are properly classified in International Class 24 and applicant may so specify. If these goods are in the nature of sterilized dressing or menstruation pads composed of air-through bonded or thermobonded textile fabrics, such goods are properly classified in International Class 5 and applicant may so specify. Finally, if these goods are in the nature of post-operative pressure garments and clothing especially for operating rooms which are goods properly classified in International Class 10.
Applicant may adopt the following wording, if accurate:
International Class 5 – ______ {Applicant must identify specific medical and personal hygiene goods, i.e. sterilized dressing, menstruation pads, etc.} composed of air-through bonded or thermobonded textile fabrics
International Class 10 – ______ {Applicant must identify specific medical goods, i.e. post-operative pressure garments, clothing especially for operating rooms, etc.} composed of air-through bonded or thermobonded textile fabrics
International Class 24 – Woven and non-woven fabrics for use in hygiene, filtration, healthcare, and industrial applications; fabrics for use in making diapers, incontinence pads, feminine products, wound dressings, prep pads, bandages, surgical swabs, medical wipes, sterilization wraps; air-through bonded or thermobonded non-woven textile fabrics for use in the manufacture of medical and personal hygiene products; non-woven fabrics in the form of rolls for use in manufacture
Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended. See TMEP §1402.06(a)-(b). The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification. TMEP §§1402.06(b), 1402.07(a)-(b). Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted. TMEP §1402.07(e).
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.
MULTIPLE-CLASS APPLICATION REQUIREMENTS
(1) List the goods 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 fees already paid (view the USPTO’s current fee schedule). The application identifies goods that are classified in at least three classes; however, applicant submitted a fee sufficient for only one class. Applicant must either submit the filing fees for the classes not covered by the submitted fee 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 Sections 1(b) and 44 multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
RESPONSE GUIDELINES
To expedite prosecution of the application, applicant is encouraged to file its response to this Office action online via the Trademark Electronic Application System (TEAS), which is available at http://www.gov.uspto.report/trademarks/teas/index.jsp. If applicant has technical questions about the TEAS response to Office action form, applicant can review the electronic filing tips available online at http://www.gov.uspto.report/trademarks/teas/e_filing_tips.jsp and e-mail technical questions to TEAS@uspto.gov.
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.
How to respond. Click to file a response to this nonfinal Office action
/Christopher M. Law/
Trademark Examining Attorney
Law Office 103
(571) 272-2913
christopher.law@uspto.gov
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.
RESPONSE GUIDANCE