To: | K and B Leather Co. (jb@jonbay.com) |
Subject: | U.S. Trademark Application Serial No. 88493796 - SLC - 1429-3 |
Sent: | September 19, 2019 05:49:26 PM |
Sent As: | ecom119@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88493796
Mark: SLC
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Correspondence Address:
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Applicant: K and B Leather Co.
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Reference/Docket No. 1429-3
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 19, 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).
IDENTIFICATION AND CLASSIFICATION OF GOODS AND SERVICES
For hobby craft kits consisting of a group of components that share a common theme, the identification should specify the theme followed by the wording “comprising” or “comprised of” and a list of the components that make up the kit, with all of the components in the predominant class listed first. See id. Generally, a hobby craft kit is classified in the same international class as the majority of the components in the kit. See id. For example, “Halloween hobby craft kits comprised of permanent markers, printed sewing patterns, stencils, fabric glue for household use and felt cloth” is classified in International Class 16, the class of the primary components (i.e., permanent markers, printed sewing patterns, stencils, and fabric glue for household use) which are listed first in the list of kit components.
If there are no components that are more dominant than another in a shared-theme kit, the first component listed after the wording “comprising” or “comprised of” will determine the class of the kit. See id. For example, “Halloween hobby craft kits comprised of permanent markers and felt cloth” are in International Class 16 (the class for “permanent markers”), and “Halloween hobby craft kits comprised of felt cloth and permanent markers” are in International Class 24 (the class for “felt cloth”).
For hobby craft kits that make a particular product, the identification must specify the product being made using the following format: “hobby craft kits for making [specify item] comprising [specify components]” or “kits for making [specify item] comprised of [specify components].” See id. Generally, this type of kit is classified in the international class of the product being made. For example, “hobby craft kits for making toy model houses comprising wooden craft sticks and craft glue for stationery or household purposes” is classified in International Class 28, the class for toy models, even though the individual components would be classified in other classes (e.g., wooden craft sticks in International Class 20 and craft glue for stationery or household purposes in International Class 16).
For examples of other acceptable identifications for kits (e.g., sewing kits, face painting kits), please see the USPTO’s U.S. Acceptable Identification of Goods and Services Manual (ID Manual).
In addition, the identification of services needs clarification because it is indefinite. Applicant must clarify the indefinite wording “faces and tails” to further clarify the type of goods sold in the retail stores. Applicant may indicate that these are “animal skins”, if accurate. In addition, applicant must correct the punctuation in the identification to clarify the individual items in the list of services. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01(a). Proper punctuation in identifications is necessary to delineate explicitly each product or service within a list and to avoid ambiguity. Commas, semicolons, and apostrophes are the only punctuation that should be used in an identification of goods and/or services. TMEP §1402.01(a). An applicant should not use colons, periods, exclamation points, and question marks in an identification. Id. In addition, applicants should not use symbols in the identification such as asterisks (*), at symbols (@), or carets. Id.
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. Therefore, applicant must amend the semicolons in the identification in Class 35 to commas so that the wording can be properly linked to the retail store services heading.
Applicant may adopt any or all of the following identifications and classifications, if accurate:
Class 13
Hobby craft leather project kits for making gun scabbards comprised of {indicate components, e.g., leather, printed instructional materials and hand tools, namely, leather punches}
Class 14
Hobby craft leather project kits for making jewelry and watch bands comprised of {indicate components, e.g., leather, printed instructional materials and hand tools, namely, leather punches}
Class 16
Hobby craft leather project kits for making book covers comprised of {indicate components, e.g., leather, printed instructional materials and hand tools, namely, leather punches}; Hobby craft leather project kits for making book covers comprised of {indicate non leather components, e.g., printed instructional materials and hand tools, namely, leather punches}; Educational kits sold as a unit in the field of leatherworking and leathercrafting consisting primarily of printed instructional materials and also including DVDs; Printed patterns for making wearing apparel and accessories; Printed patterns for making leather goods; Printed publications, namely, books, booklets, articles, brochures, patterns, stencils, tooling templates and teaching materials in the field of leatherworking and leathercrafting; Stencils, patterns and tooling templates, being of paper or plastic, for the transferring of graphic designs to leather
Class 25
Hobby craft leather project kits for making clothing belts comprised of {indicate components, e.g., leather, printed instructional materials and hand tools namely, leather punches}
Class 35
Retail store and online retail store services featuring leather stock, leather goods, feathers, furs, animal skins in the nature of animal faces and tails; instructional DVDs and books as well as other printed instructional materials, patterns, stencils and leatherworking tooling templates, handtools for leatherworkers, stamping tools for leatherworkers, tool racks, arts and craft kits for projects in leather working, chemicals for leatherworkers, hardware for leather working processes, hardware for finished leather goods, sewing machines, stitching and threading stock, leather finishing and production machinery
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 REQUIREMENTS
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class (for example, International Class 3: perfume; International Class 18: cosmetic bags sold empty).
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). Specifically, the application identifies goods and/or services based on use in commerce that may be classified in more than two classes; however, applicant submitted a fee(s) sufficient for only two class(es). Applicant must either (a) submit the filing fees for the classes not covered by the submitted fees or (b) restrict the application to the number of classes covered by the fees already paid.
(3) Submit verified dates of first use of the mark anywhere and in commerce for each international class. See more information about verified dates of use.
(4) Submit a specimen for each international class. The current specimen is acceptable for class(es) 13, 16, 35; and applicant needs a specimen for any other classes that are added to the application. See more information about specimens.
Examples of specimens for goods include tags, labels, instruction manuals, containers, and photographs that show the mark on the actual goods or packaging, or displays associated with the actual goods at their point of sale. Webpages may also be specimens for goods when they include a picture or textual description of the goods associated with the mark and the means to order the goods.
(5) Submit a verified statement that “The specimen was in use in commerce on or in connection with the goods and/or services listed in the application at least as early as the filing date of the application.” See more information about verification.
See 15 U.S.C. §§1051(a), 1112; 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(1), 2.86(a); TMEP §§904, 1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(a) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
RESPONSE TEAS PLUS / TEAS RF
How to respond. Click to file a response to this nonfinal Office action
/Blake Lovelace/
James Blake Lovelace
Trademark Examining Attorney, Law Office 119
United States Patent and Trademark Office
Phone: (571) 270-1533
Email: james.lovelace@uspto.gov
RESPONSE GUIDANCE