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 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 31, 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.
SUMMARY OF ISSUES:
- Prior Filed Application May Bar Registration
- Identification of Goods
PRIOR FILED APPLICATION MAY BAR REGISTRATION
The filing date of pending U.S. Application Serial No. 87167082 precedes applicant’s filing
date. See attached referenced application. If the mark in the referenced application registers, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a
likelihood of confusion between the two marks. See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq. Therefore, upon receipt of applicant’s response to this Office
action, action on this application may be suspended pending final disposition of the earlier-filed referenced application.
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.
IDENTIFICATION OF GOODS
The wording “soaps” in the identification of goods is indefinite and must be clarified because it is
too broad and does not specifically describe the soaps. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must amend this
wording to specify the common commercial or generic name of the goods. See TMEP §1402.01. If the goods have
no common commercial or generic name, applicant must describe the product, its main purpose, and its intended uses. See id.
Applicant may substitute the following wording, if accurate:
Class 3
Deodorants for personal use, shampoo, bath soaps, toothpaste.
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.
RESPONSE GUIDELINES
Although applicant’s mark has been refused registration, applicant may respond to the refusal and/or requirements by submitting evidence and arguments
in support of registration.
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.
How to respond. Click to file a response to this nonfinal Office action
/Kamal Preet/
Kamal Preet
Examining Attorney
Law Office 112
571-272-5645
kamal.preet@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.