To: | Yiwu Xinghe Network Technology Co., Ltd. (lanwayipr@gmail.com) |
Subject: | U.S. Trademark Application Serial No. 88528785 - MILKY WAY - N/A |
Sent: | October 15, 2019 02:08:41 PM |
Sent As: | ecom126@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88528785
Mark: MILKY WAY
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Correspondence Address:
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Applicant: Yiwu Xinghe Network Technology Co., Ltd.
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Reference/Docket No. N/A
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 15, 2019
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
SUMMARY OF ISSUES:
· Identification of Goods
· US-Licensed Attorney Required – Information Requirement
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 marks in the referenced applications. 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.
Applicant should note the following requirements.
If modifying one of the duplicate entries, applicant may amend it to clarify or limit the goods, but not to broaden or expand the goods 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 may not later be reinserted. TMEP §1402.07(e).
Applicant may adopt the following identification of goods. Suggested deletions are in strikethroughs:
CLASS 021: Pepper mills,
hand-operated; Boxes for dispensing paper towels for household use; Combs; Pots; Powder puffs; Flower pots; Tea infusers; Incense burners; Perfume burners; Tea
infusers
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.
US-LICENSED ATTORNEY REQUIRED
Applicant must be represented by a U.S.-licensed attorney. An applicant whose domicile is located outside of the United States or its territories is foreign-domiciled and must be represented at the USPTO by an attorney who is an active member in good standing of the bar of the highest court of a U.S. state or territory. 37 C.F.R. §§2.11(a), 11.14; Requirement of U.S.-Licensed Attorney for Foreign-Domiciled Trademark Applicants & Registrants, Examination Guide 4-19, at I.A. (Rev. Sept. 2019). An individual applicant’s domicile is the place a person resides and intends to be the person’s principal home. 37 C.F.R. §2.2(o); Examination Guide 4-19, at I.A. A juristic entity’s domicile is the principal place of business; i.e., headquarters, where a juristic entity applicant’s senior executives or officers ordinarily direct and control the entity’s activities. 37 C.F.R. §2.2(o); Examination Guide 4-19, at I.A. Because applicant is foreign-domiciled, applicant must appoint such a U.S.-licensed attorney qualified to practice under 37 C.F.R. §11.14 as its representative before the application may proceed to registration. 37 C.F.R. §2.11(a). See Hiring a U.S.-licensed trademark attorney for more information.
Applicant has provided attorney information that appears to be invalid because it is not clear if the individual qualified to practice before the USPTO under 37 C.F.R. §11.14 is applicant’s representative. See 37 C.F.R. §2.17(a). Specifically, the application record indicates that applicant’s appointed or designated attorney Kao H. Lu is part of the firm Lu & Associates, P.C. However, the attorney’s information does not seem to match information found on the representative. See attached evidence.
Attorney bar credentials required if listed individual is an appointed U.S.-licensed attorney. If Kao H. Lu identifies an individual qualified and appointed to practice before the USPTO under 37 C.F.R. §11.14, applicant must provide documentation establishing the attorney’s active bar membership in good standing of the bar of a U.S. state or territory, such as a certificate of good standing or a letter from the bar. 37 C.F.R. §§2.17(b)(3), 2.61(b). If the documentation provided establishes that Kao H. Lu is qualified to practice before the USPTO under 37 C.F.R. §11.14, the requirement to appoint another U.S.-licensed attorney as applicant’s representative will be withdrawn. Otherwise, applicant must appoint or designate an attorney who is qualified to practice before the USPTO under 37 C.F.R. §11.14. See 37 C.F.R. §2.17(a).
To appoint a different U.S.-licensed attorney or provide bar credentials for listed attorney. To appoint an attorney or to provide bar credentials, applicant should submit a completed Trademark Electronic Application System (TEAS) Revocation, Appointment, and/or Change of Address of Attorney/Domestic Representative form. The newly appointed attorney must submit a TEAS Response to Examining Attorney Office Action form indicating that the attorney appointment form has been submitted and address all other refusals or requirements in this action, if any.
Applicant must appoint a U.S.-licensed attorney as its representative before the application may proceed to registration. 37 C.F.R. §§2.2(o), 2.11(a). See Hiring a U.S.-licensed trademark attorney for more information.
Failure to comply with this requirement is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814. Merely stating that the attorney’s bar information is available on a state bar’s website is an insufficient response and will not make the relevant information of record. See In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004). Applicant also is advised that providing false statements or documentation concerning applicant’s domicile address or in response to this request for documentation is deemed submitting a paper for an improper purpose in violation of 37 C.F.R. §11.18(b), and subject to the sanctions and actions provided in 37 C.F.R. §11.18(c). See 37 C.F.R. §2.11(e).
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.
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
/Faith Beaudry-Torres/
Faith Beaudry-Torres
Law Office 126
(571) 270-3044
faith.beaudry-torres@uspto.gov
RESPONSE GUIDANCE