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 04, 2019

 

INTRODUCTION

 

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).

 

SUMMARY OF ISSUES:

·         Identification of Goods in International Classes 3, 8, and 21

 

IDENTIFICATION OF GOODS IN INTERNATIONAL CLASSES 3, 8, AND 21

 

The wording in the identification of goods in International Classes 3, 8, and 21 is unacceptable as written because it fails to indicate the nature of the applied-for goods with sufficient specificity. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

 

In General:

 

Applicant must correct the punctuation in the identification to clarify the individual items in the list of goods and/or 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. 

 

International Class 3:

 

-          The wording “dish soaps” is indefinite because soap that is medicated belongs in Class 5 while nonmedicated soap is in Class 3. Applicant must amend this wording to clarify whether the goods are non-medicated and in a liquid or bar form.

 

International Class 8:

 

-          There are minor typographical errors in the spellings of “hand-operatedapple corers,” “poultryshears,” and “meattenderizer,” which must be amended to include the proper spacing between the words.

-          The wording “peeler corer” is indefinite and must be amended to clarify the nature of the goods. Acceptable examples are “hand operated vegetable peelers and corers,” or “hand-operated fruit peelers and corers”.

-          The wording “apple wedgers” is indefinite and must be amended to clarify the nature and function of the goods. For example, “hand-operated kitchen appliance for dicing, slicing, and chopping apples”

 

International Class 21:

 

-          The wording “sponges for household use” must be amended to clarify that the sponges are either scrub brushes, metal brushes, scouring sponges, etc. pursuant to the Identification Manual.

-          The wording “kitchen brushes” must be amended to clarify that the brushes are for cleaning, and specify that they are for household use.

-          The wording “storage containers” is overbroad and indefinite because there are several types of storage containers that belong in multiple classes. For Class 21, applicant must clarify that the containers are plastic household storage containers and specify that they are for domestic use.

-          The wording “corn brush” is indefinite as it is unclear the nature and function of the goods. Acceptable wording in Class 21 is “hand-operated corn desilking brushes”.

-          The wording “gadget consisting of pot clip that hold cooking utensils on the rim of the pot” is indefinite as written and must be amended to fit in Class 21. Acceptable wording in Class 21 is “household utensils, namely, pot clips for holding cooking utensils on the rim of a pot”

 

Applicant may adopt the following identification, if accurate (changes highlighted in bold italic):

 

International Class 3:

 

Chemical cleaning preparations for household purposes; disposable wipes impregnated with cleansing chemicals or compounds for household use; glass cleaners; non-medicated dish soaps in liquid form

 

International Class 8:

 

Hand-operated slicers, namely, pineapple slicer, egg slicers, non-electric cheese slicer; hand-operated fruit and vegetable peelers, citrus zesters; hand-operated apple corers; hand-operated vegetable peelers and corers; hand operated shears, namely, poultry shears; non-electric pizza cutters; non-electric can openers; meat tenderizer, namely, a kitchen mallet; hand-operated choppers, namely, hamburger choppers; shrimp deveiner; apple wedgers, namely, hand-operated kitchen appliances for dicing, slicing, and chopping apples

 

International Class 21:

 

Lint rollers; scrub sponges for household use; kitchen cleaning brushes for household use; scrubbing brushes for household use; plastic storage containers for domestic use; cookware, namely, pots and pans; bakeware; kitchen utensils, namely, splatter screens; citrus squeezer; non-electric mincers, namely, rolling herb mincer; flexible non-slip chopping mat and cutting boards for kitchen use; corn cob holders; hand-operated corn desilking brushes; colanders, namely, berry colander; reamers for fruit juice; fruit bowls; non-electric juicers; pot holders and pot holder gloves; spatulas for kitchen use; serving scoops for ice cream, cookie dough and coffee; household utensils, namely, graters for kitchen use; garlic presses; hand-operated burger presses; corkscrews; hand-operated lobster shell crackers and nutcrackers; food basters; shaker bottles sold empty; non-electric ice pop maker in the nature of a mold; salad tong; salad spinners; vegetable or fruit mashers; hand-operated pastry blenders; funnels for kitchen use; biscuit cutters; non-electric fat separators for separating fat from gravy; egg separators, non-electric, for household purposes; household utensils, namely, pot clips for holding cooking utensils on the rim of a pot; jar openers; melon ballers

 

SCOPE ADVISORY

 

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. 

 

 

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  

 

 

Alexandra Foster

Alexandra Foster

Trademark Examining Attorney

Law Office 117

(571) 272-5111

alexandra.foster1@uspto.gov

 

 

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 04, 2019 for

U.S. Trademark Application Serial No. 88530213

 

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. 

 

 

Alexandra Foster

Alexandra Foster

Trademark Examining Attorney

Law Office 117

(571) 272-5111

alexandra.foster1@uspto.gov

 

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 04, 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.”