To: | I & I Incorporated (pto-sl@huschblackwell.com) |
Subject: | U.S. Trademark Application Serial No. 88536039 - PALADIN - 534385.9 |
Sent: | October 03, 2019 04:53:11 PM |
Sent As: | ecom103@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88536039
Mark: PALADIN
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Correspondence Address: 190 CARONDELET PLAZA, SUITE 600
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Applicant: I & I Incorporated
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Reference/Docket No. 534385.9
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
Phone/Email Response Suggested:
Introduction:
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 – Amendment Required:
The wording listed below from the identification of goods is indefinite and must be clarified for the reasons stated. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording “ATV and UTV tires and tubes” in the identification of goods is indefinite and must be clarified because it is not clear what the nature of the goods are. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must amend this wording to specify the nature of the goods, e.g., “Tires and tire tubes for ATVs (all terrain vehicles) and UTVs (utility terrain vehicles)”. See TMEP §1402.01.
The wording “trailer tires and tubes” in the identification of goods is indefinite and must be clarified because it is not clear what the nature of the “tubes” are. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must amend this wording to specify the nature of the goods, e.g., “Tires and tire tubes for trailers”. See TMEP §1402.01.
To address the above issues, applicant may adopt any or all of the following identifications, with the necessary information added, if accurate (proposed changes shown in bold typeface):
International Class 012: Tires; Tires and tire tubes for ATVs (all terrain vehicles) and UTVs (utility terrain vehicles); Tires and tire tubes for trailers
For assistance with identifying and classifying goods in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
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.
Assistance or Response Options:
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
/Anna Oakes/
Anna J. Oakes
Examining Attorney
Law Office 103
(571) 272-2569
aoakes1@uspto.gov
RESPONSE GUIDANCE