To: | Rogue Industries, LLC (eric@iciplaw.com) |
Subject: | U.S. Trademark Application Serial No. 88508362 - ROGUE - Rick-Rogue |
Sent: | October 03, 2019 05:43:13 AM |
Sent As: | ecom107@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88508362
Mark: ROGUE
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Correspondence Address: C/O ICIP 7040 AVENIDA ENCINAS, 104-358
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Applicant: Rogue Industries, LLC
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Reference/Docket No. Rick-Rogue
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: October 03, 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.
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
Attorney Bar Information & Statement
To provide bar information. Applicant’s attorney should respond to this Office action by using the appropriate TEAS response form and provide his or her bar information in the “Attorney Information” page of the form, within the bar information section. See 37 C.F.R. §2.17(b)(1)(ii). Bar information provided in any other area of the form will be viewable by the public in USPTO records.
IDENTIFICATION OF GOODS
Applicant is advised to delete or modify the duplicate entry in the identification of goods and/or services in International Class 028 for “Skateboards.” See generally TMEP §§1402.01, 1402.01(a). If applicant does not respond to this issue, be advised that the USPTO will remove duplicate entries from the identification prior to registration.
If modifying one of the duplicate entries, applicant may amend it 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. Also, generally, any deleted goods and/or services may not later be reinserted. TMEP §1402.07(e).
Applicant may adopt the following wording, if accurate:
“Boards used in the practice of water sports; Kite boards; Kite handles; Kite lines; Kite reels; Kites; Leashes used in conjunction with surfing; Skateboard decks; Skateboard grip tapes; Skateboard rails; Skateboard riser pads; Skateboard wheels; Skateboarding gloves; Skateboards; Stand-up paddleboard carrying straps sold as a unit with the paddleboard; Stand-up paddleboards; Stand-up surf paddles; Surfboard fins; Surfboard leashes; Surfboard traction pads; Surfboards; Bags especially designed for surfboards; Bags especially designed for skis and surfboards; Bags for skateboards; Ball bearings for skateboards; Body boards; Bushings specially adapted for skateboards; Fins for body boards; Harnesses specially adapted for carrying snowboards, skis and skateboards; Hydrofoils for surfboards, windsurf boards, stand-up paddle boards.; In-line roller skates; Leashes for surfboards; Longboard skateboard trucks; Longboard skateboard wheels; Longboard skateboards; Longboard surfboards; Nuts and bolts for skateboards; Paddle surfboards; Paddles for use with surfboards; Protective padding for skateboarding; Roller skates; Roller-skates; Sail boards; Sail board leashes; Self-powered water sports boards; Skateboard paddle boards; Skateboard paddles; Snow boards; Surf boards; Surf paddles; Traction pads for surfboards; Wake boards,” in International Class 028.
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.
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
/Steven W. Jackson/
Steven W. Jackson
Trademark Attorney
Law Office 107
steven.jackson@uspto.gov
571-272-9409
RESPONSE GUIDANCE