Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

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:September 15, 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 the USPTO Database

 

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:

 

• Identification of Goods
• TEAS Plus Status Lost

 

Identification of Services

 

The bolded wording below in the identification of goods is indefinite and must be clarified because it does not properly specify the goods applicant is manufacturing and/or providing. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Specifically, applicant filed a TEAS Plus applicant listing services from the USPTO’s ID Manual. See U.S. Acceptable Identification of Goods and Services Manual. However, applicant inserted wording in the identification of services that does not clearly specify the nature or subject matter of the services.

 

The wording in the identification of goods is indefinite and must be clarified by (1) specifying the common commercial or generic name for these goods, or (2) deleting this wording.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03(a).  This wording is an open-ended “catch-all” word or phrase (e.g., “etc.,” “and other similar goods,” “and related goods”) that is not acceptable because it fails to identify specific goods.  See TMEP §1402.03(a).

 

In an identification, an applicant must use the common commercial or generic name for the goods, be specific and all-inclusive, and avoid using indefinite words or phrases.  TMEP§§1402.01, 1402.03(a).  Further, applicant may amend the identification to list only those items that are within the scope of the goods set forth in the initial application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §§1402.06 et seq., 1402.07.  Scope is generally determined by the ordinary meaning of the wording in the identification.  TMEP §1402.07(a).

 

Applicant may substitute the following wording, if accurate (changes are in bold, deletions are struck through, and applicant is asked to specify in the {brackets}:

 

Additives, non-chemical, to motor fuel; Alcohol and mixed alcohol fuel; Alcohol fuel; All purpose lubricants; All purpose penetrating oil; Animal oils for industrial purposes; Anthracite; Aromatherapy fragrance candles; Artificial fireplace logs; Artificial petroleum; Automobile lubricants; Automotive engine oils; Automotive greases; Automotive lubricants; Aviation fuel; Backfire torches containing diesel oil or kerosene and a wick for use in starting backfires to control fires and for controlled burns; Bagasse for use as fuel; Basal diluent used in industrial vegetation management and forestry; Base oils; Baseball glove conditioning oil; Beeswax for use in further manufacture; Beeswax for use in the manufacture of candles; Beeswax for use in the manufacture of cosmetics; Beeswax for use in the manufacture of ointments; Belt dressings; Benzene fuel; Benzine fuel; Biodiesel fuel; Biofuel; Biofuels; Biomass fuel; Biomass, namely, a lignocellulosic material used as a fuel for generating energy and electricity; Bone oil for industrial purposes; Bougies in the nature of wax candles; Briquettes of wood; Butane fuel; Butane gas cartridges sold filled; Butane gas for lighters; Candle contained in a clamshell; Candle torches; Candle-making kits; Candles; Candles and wicks for candles for lighting; Candles being of wax or liquid, for the illumination of carved pumpkins, mini-pumpkins, gourds, and other fruits and vegetables; Candles comprised primarily of soy, beeswax and a wide variety of other ingredients, namely, {specify what other ingredients}; Candles containing insect repellent; Candles containing insect repellent, jewelry, rings and wide variety of accessories, namely, {specify the specific accessories}; Candles for lighting; Candles for night lights; Candles for wedding, memorial and a wide variety of ceremonies, {specify what type/subject matter of ceremonies}; Canisters containing butane fuel; Carnauba wax; Casting wax for use in conjunction with microjet-based rapid prototype/modelmaking equipment; Castor oil for industrial purposes; Castor oil, not edible; Chafing dish fuel; Charcoal briquettes; Charcoal briquettes (tadon); Charcoal for use as fuel; Charcoal lighter fluid; Christmas tree candles; Cigarette lighter fluid; Coal; Coal briquettes; Coal dust being fuel; Coal gas; Coal naphtha; Coal tar oil; Coconut charcoal for fuel; Coconut oils for industrial purposes; Coke; Colored fire torches; Colza oil for industrial purposes; Colza oil for lubricating machinery; Combustible briquettes; Combustible briquettes; Combustible briquettes of peat, palm, grape vines and a wide variety of other material, namely, {specify the other material}; Combustible oil; Compressed natural gas; Conditioning oil for baseball gloves; Cottonseed oils for industrial purposes; Crankcase oils; Crude oil; Crude oils; Cutting fluids; Cutting oil for industrial metal working; Cutting oils; Decorative tabletop fueled torches; Diesel fuel; Diesel oil; Drilling lubricants; Dust absorbing compositions; Dust binding compositions for sweeping; Dust laying and absorbing composition for use on unpaved roads; Dust-binding compositions; Electrical energy; Engine oils; Epoxidized oils used as a plasticizing and/or stabilizing additive primarily for use in vinyl compounds; Ethanol fuels; Firelighters in the nature of kindling woods; Fireplace logs; Firewood; Fish oil for industrial purposes; Fluxant oil for use as an ingredient in asphalt; Fossil fuel substitutes, namely, biofuels; Fragrant wax for use in potpourri burners; Fuel; Fuel briquettes, namely, compressed carbon briquettes; Fuel for aircraft/ships; Fuel for lighters; Fuel for motor vehicles, namely, Ethanol, Methanol, Gasoline, Diesel, Natural gas, Hydrogen, Biodiesel, Kerosene, Liquified Petroleum Gas, Nitromethane, Nuclear Fuel, Fission Fusion, Biofuel and a wide variety of Liquified, Electric, Non-Liquified and other energy resources; Fuel from crude oil; Fuel gas; Fuel oil; Fuel pellets; Fuel products for stoves, namely, wood pellets, corn and grains; Fuel with an alcohol base; Fuel with an alcoholic base; Fuels; Fuels and biofuels blended with chemicals and/or biological products; Fuels from biological sources; Fuels with an alcohol base; Fuels with an alcoholic base; Fuels, namely, oil sands; Fuels, namely, tar sands; Gas oil; Gaseous fuels; Gases for use as fuel; Gasoline; Gear oils; Gels comprised of plant-based oils and plant-based waxes for use in the manufacture of cosmetics and toiletries; Gels comprised of vegetable-based oils and vegetable-based waxes for use in the manufacture of cosmetics and toiletries; General purpose greases; Granular absorbent oil-based composition for absorbing spills from floors; Graphite as a lubricant; Graphite lubricants; Grease for arms being weapons; Grease for footwear; Grease for leather; Grease for machines; Greases for boots and shoes; Greases for the preservation of leather; Greases used in the commercial baking industry to prevent dough from adhering to metal surfaces; Gun barrel oil; Hardened oils being hydrogenated oils for industrial use; Hardwood charcoal for smoking and grilling food; Heat transfer oils; Heating oil; Heavy oils; Hydraulic oils; Hydrocarbon fuels; Industrial and vehicular lubricants; Industrial gasoline; Industrial grease; Industrial greases; Industrial lubricants; Industrial oil; Industrial oil for batteries; Industrial oils; Industrial oils and fats; Industrial wax; Instrument milk; Kerosene; Kindling; Lamp fuel; Lamp oil; Lamp oils containing insect repellent; Lamp wicks; Lanolin for use in the manufacture of cosmetics; Lanolin for use in the manufacture of cosmetics and ointments; Leather preserving oil and grease; Light oils; Lighter fluid; Lighter fluid for charcoal; Lighting fuel; Lighting paper; Lignite; Ligroin; Linseed oil for use as a lubricant; Linseed oil for use in the further manufacture of other items in the field of a wide variety of industries, namely, {specify what industries}; Liquefied natural gas; Liquefied petroleum gas; Liquefied petroleum gases; Liquefied petroleum gases to be used for domestic and industrial purposes and in motor vehicles; Liquid fuels; Liquid vegetable oil used for groundwater remediation; Lubricants for aircraft engines; Lubricants for bicycle chains; Lubricants for dental instruments; Lubricants for industrial machinery; Lubricants for use on household items; Lubricants, namely, grinding fluids; Lubricating graphite; Lubricating grease; Lubricating greases; Lubricating oil; Lubricating oil for motor vehicle engines; Lubricating oils; Lubricating oils; Lubricating oils and greases; Lubricating oils for vacuum pumps, motor vehicle engines and a wide variety of mechanical and electrical vehicles, crafts, structures, engines, parts, tools and accessories, namely, {specify a specific type of vehicle, etc.}; Lubrication grease for vehicles; Lump charcoal; Marine lubricants; Mazut; Melt tarts, namely, scented wax to be melted slowly with a warmer; Methanol fuel; Methylated spirits for fuel; Mineral fuel; Mineral lubricating oils; Mineral motor fuel; Mineral oil for use in the manufacture of cosmetics and skin care products; Mineral oil for use in the manufacture of metal cutting fluids; Mineral oil for use in the manufacture of paint; Mineral oils and greases for industrial purposes; Mineral oils for use in the manufacture of other products; Mineral spirits for use as an accelerant; Mixed alcohol fuel; Montan wax; Motor fuel; Motor oil; Motor oils; Motor vehicle lubricants; Mould releasing oils; Naphtha; Natural gas; Non-chemical additives for engine oils; Non-chemical additives for fuels; Non-chemical additives for fuels, lubricants and greases; Non-chemical additives for motor fuels; Non-chemical additives for oils and fuels; Non-chemical adsorbents for removing impurities from fuel; Non-chemical engine treatment preparations and additives for engine oils, gasoline and diesel fuels, transmission fluids and cooling systems; Non-chemical gasoline additives; Non-chemical motor oil additives; Non-mineral oils and greases for industrial purposes; Oil for the preservation of masonry; Oil for use in the preservation of masonry; Oils for the preservation of leather; Oils for the preservation of masonry; Oils, waxes for use in the manufacture of other products; Oxygen liquified hydrocarbon gas for use in torches; Ozocerite; Ozokerite; Paraffin; Paraffin wax; Patio torches; Peat briquettes; Peat for use as fuel; Pellets of compressed fiber manufactured from a plant crop to be used as fuel; Penetrating oil; Perfumed candles; Petrol; Petroleum; Petroleum based dust absorbing compositions for use in road building, sweeping, dustlaying and a wide variety of purposes, namely, {specify the other purposes}; Petroleum based dust suppressing compositions for use in road building, sweeping, dustlaying and a wide variety of purposes; Petroleum jelly based sealant to prevent groundwater leakage and corrosion prevention for industrial and residential use; Petroleum jelly for industrial purposes; Petroleum, raw or refined; Pharmaceutical grade white mineral oil used in the further manufacture of pharmaceuticals; Polyols for use as food grade lubricants; Premium specialty industrial lubricants; Producer gas; Propane; Propane for use as fuel; Propane gas sold in cylinders for use in torches; Protective wax for fruits and vegetables; Quenching oils; Racing oil; Rape oil for industrial purposes; Reclaiming oil used in the process of devulcanization of rubber compounds; Renewable energy, namely, solar energy, wind energy and geothermal energy; Renewable fuels; Scented candles; Scented wax for use in candle warmers; Sewing machine lubricating oils; Shelled corn for fuel; Skateboard wax; Ski wax; Snowboard wax; Solid film lubricants; Solid fire starters; Solid fuels; Solid lubricants for industrial purposes; Solidified gases being fuel; Soya bean oil preparations for non-stick treatment of cooking utensils; Soybean oil for use in the manufacture of paints and other coatings; Splints, namely, wood for use as fuel; Sumac wax; Sunflower oil for industrial purposes; Surfboard wax; Surgical milk; Synthetic gear oil; Synthetic lubricating oils; Synthetic, fire-resistant lubricants for industrial use; Tallow; Tallow candles; Tapers; Tea light candles; Tealight candles; Textile oil; Textile oils; Tinder; Two cycle engine oil; Unity candles; Vegetable oil for use in the manufacture of paints and/or soaps; Vegetable wax; Vegetable-based waxes for use in coating food products; Vinyl window lubricant; Votive candles; Wakeboard binding lubricants; Walnut oils for industrial purposes; Wax dispersions for use in the manufacture of a wide variety of goods; Wax emulsions and wax powders for industrial applications; Wax for making candles; Wax for skateboards; Wax for skis; Wax for snowboards; Wax for sports equipment, namely, sports equipment, namely, ice hockey sticks, skateboards, skis and {specify the exact type of sports equipment}; Wax for surfboards; Wax for use in coating food packaging materials; Wax melts; Waxes being raw materials; Wicks for candles; Wicks for candles for lighting; Wicks for oil lamps; Wood briquettes; Wood chips for smoking and grilling; Wood chips for smoking foods; Wood chips for use as fuel; Wood chips of pecan, applewood, cedar and wide variety of other woods, namely, {specify the specific other types of woods} for smoking and grilling; Wood heating pellets; Wood logs for fuel; Wood pellet fuel; Wood spills for lighting; Xylene fuel

 

Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Generally, any deleted goods and/or services may not later be reinserted.  See 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.

 

Teas Plus Status Lost

 

Applicant must submit an additional processing fee of $125 per class because the application as filed did not meet the TEAS Plus application filing requirements.  See 37 C.F.R. §§2.6(a)(1)(v), 2.22(a), (c); TMEP §§819.01 et seq., 819.04. 

 

Specifically, applicant failed to meet the following application filing requirement(s):  Applicant filed a TEAS Plus application that identified one or more goods from the USPTO’s U.S. Acceptable Identification of Goods and Services Manual (ID Manual) that used a fill-in-the-blank format.  However, applicant inserted wording in the identification that is overbroad and/or unrelated to the preceding goods.  At the time of filing, a TEAS Plus application must include an identification of goods from the ID Manual.  TMEP §819.01(g); see 37 C.F.R §2.22(a)(8).  By inserting inappropriate wording, applicant has, in effect, failed to submit an identification from the ID Manual.  See TMEP §819.01(g).

 

The additional fee is required even if applicant later corrects these application requirements.

 

Response Guidelines

 

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.

 

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. 

 

 

 

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  

 

 

/Joseph Greene/

/Joseph Greene/

Joe Greene

Trademark Examining Attorney

U.S. Patent and Trademark Office, Law Office 125 (571)272-5763

1-272-5763

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on September 15, 2019 for

U.S. Trademark Application Serial No. 88495411

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

Greene, Joseph (Trademark)

/Joseph Greene/

Joe Greene

Trademark Examining Attorney

U.S. Patent and Trademark Office, Law Office 125 (571)272-5763

 

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from September 15, 2019, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond.

 

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”