To: | Encore Body LLC (rg@gilelawgroup.com) |
Subject: | U.S. Trademark Application Serial No. 88488021 - MEDITATE - ENCORE.0003T |
Sent: | January 15, 2020 04:32:17 PM |
Sent As: | ecom123@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88488021
Mark: MEDITATE
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Correspondence Address: 1180 N. TOWN CENTER DRIVE, SUITE 100
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Applicant: Encore Body LLC
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Reference/Docket No. ENCORE.0003T
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
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: January 15, 2020
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues 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).
IDENTIFICATION AND CLASSIFICATION OF GOODS
The identification of goods is unacceptable because portions are indefinite, overbroad, misclassified, and must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.06
In Class 003, applicant must clarify the nature of the “bath balms” provided. For example, is this a typographical error and applicant intended to specify “bath bombs,” or did applicant intend goods such as “Non-medicated balms for use on {indicate nature of balms, e.g., hair, skin, lips} for use in the bath”? Further, applicant must specify that the “bath salts” are “non-medicated” in nature, in order to ensure proper classification.
Additionally, applicant has provided the application fee for only one international class. Thus, not all international classes in the application are covered by the application fee. Because of this disparity, applicant must clarify the number of classes for which registration is sought. See 37 C.F.R. §§2.32(d), 2.86.
Applicant may respond by (1) adding one or more international classes to the application, and reclassifying the above goods accordingly; or (2) deleting from the application the goods for all but the number of international class(es) for which the application fee was submitted. See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq. If applicant adds one or more international classes to the application, applicant must comply with the multiple-class application requirements specified in this Office action.
SUGGESTED AMENDMENT
Applicant may substitute the following wording, if accurate:
Class 003 - Non-medicated balms for use on {indicate nature of balms, e.g., hair, skin, lips} for use in the bath containing cannabidiol (CBD) derived from hemp containing a delta-9 tetrahydrocannabinol (THC) concentration of not greater than 0.3 percent on a dry weight basis; Non-medicated bath salts containing cannabidiol (CBD) derived from hemp containing a delta-9 tetrahydrocannabinol (THC) concentration of not greater than 0.3 percent on a dry weight basis; Bath and shower gel containing cannabidiol (CBD) derived from hemp containing a delta-9 tetrahydrocannabinol (THC) concentration of not greater than 0.3 percent on a dry weight basis; Bar soap containing cannabidiol (CBD) derived from hemp containing a delta-9 tetrahydrocannabinol (THC) concentration of not greater than 0.3 percent on a dry weight basis; Sachet-like eye pillows containing fragrances and cannabidiol (CBD) derived from hemp containing a delta-9 tetrahydrocannabinol (THC) concentration of not greater than 0.3 percent on a dry weight basis
Class 004 - Candles containing cannabidiol (CBD) derived from hemp containing a delta-9 tetrahydrocannabinol (THC) concentration of not greater than 0.3 percent on a dry weight basis
Class 005 - Eye pillows containing aromatic substances and cannabidiol (CBD) derived from hemp containing a delta-9 tetrahydrocannabinol (THC) concentration of not greater than 0.3 percent on a dry weight basis for relief from headaches, insomnia and sinus discomfort
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
Therefore, applicant must either (1) restrict the application to the number of classes covered by the fees already paid, or (2) submit the fees for each additional class.
(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 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 fees or restrict the application to the number of classes covered by the fee 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.
SPECIAL FORM OR STANDARD CHARACTER MARK CLARIFICATION REQUIRED
In this case, because the wording in the mark creates a distinct commercial impression apart from the stylized lettering, applicant may elect to have a standard character drawing of the mark. See In re wTe Corp., 87 USPQ2d 1536, 1539-40 (TTAB 2008); TMEP §807.04. A mark registered in standard characters provides the broadest protection of a textual mark in any lettering style, size, and color, whereas a special form drawing provides protection only for a specific depiction. See 37 C.F.R. §2.52(a)-(b); TMEP §§807.03(a), 807.04(a).
To clarify that the mark is in standard characters, applicant must submit the following statement: “The mark consists of standard characters without claim to any particular font style, size, or color.” 37 C.F.R. §2.52(a); TMEP §807.03(a).
Otherwise, the claim of the stylization in the drawing will remain, and applicant’s protection will be limited to the font and stylization shown in the drawing.
For more information about standard character and special form drawings and how to satisfy the above requirements using the Trademark Electronic Application System (TEAS) online form, see the Drawing webpage.
RESPONSE GUIDELINES
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.
If the applicant has any questions or requires assistance in responding to this Office Action, please telephone or email the assigned examining attorney.
/Cori Stedman/
Cori Stedman
Examining Attorney Law Office 123
US Patent and Trademark Office
cori.stedman@uspto.gov
571-270-5090
RESPONSE GUIDANCE