To: | The LYCRA Company LLC (trademarks@lycra.com) |
Subject: | U.S. Trademark Application Serial No. 88568858 - MOVE TO YOUR OWN RHYTHM - TLC0001TM-US |
Sent: | November 08, 2019 06:51:27 PM |
Sent As: | ecom125@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88568858
Mark: MOVE TO YOUR OWN RHYTHM
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Correspondence Address: |
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Applicant: The LYCRA Company LLC
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Reference/Docket No. TLC0001TM-US
Correspondence Email Address: |
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COMBINED EXAMINER’S AMENDMENT/PRIORITY ACTION 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: November 08, 2019
USPTO database searched; no conflicting marks found. The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
Applicant must address issues shown below. On November 6, 2019, the examining attorney and Bridget C. Sciamanna discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.
Classification and Identification of Goods – Class 25
THIS PARTIAL REQUIREMENT APPLIES TO CLASS 25 ONLY.
Further, fabric that is sold as an integral component of a finished product is classified in the class of the finished product. See TMEP §1402.05(a). For example, “Fabric sold as an integral component of finished clothing items, namely, shirts” is classified in Class 25, because the finished product is shirts, and shirts are classified in Class 25. Fabric sold as an integral component of compression garments is classified in Class 10, because the finished product is compression garments, and compression garments are classified in Class 10. Fabric sold as an integral component of finished furniture is classified in Class 20.
Applicant may adopt the following identification in International Class 25, if accurate:
Class 025: Fabric sold as an integral component of footwear, headwear and finished clothing items, namely, {specify clothing items in Class 25, e.g., shirts, pants, shorts, skirts, jackets, swimwear, jeans, hosiery}
For the avoidance of doubt, the identification of services in International Class 35 is acceptable as currently worded.
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.
Advisory: Multiple-Class Application Requirements
As indicated in the Classification and Identification of Goods section above, applicant’s identified goods could include goods in more than one international class. If the applicant adopts the examining attorney’s suggested language above, the goods will all be properly classified in International Class 25. However, if applicant amends the application to include one or more additional classes, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):
(1) List the goods and services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fees already paid (view the USPTO’s current fee schedule). Specifically, applicant must either submit the filing fees for any additional class(es) not covered by the fees submitted with the application, or restrict the application to the number of classes covered by the fees already paid.
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
Application has been amended as shown below. As agreed to by the individual identified in the Priority Action section, the examining attorney has amended the application as shown below. Please notify the examining attorney immediately of any objections. TMEP §707. In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted. 37 C.F.R. §2.71(a).
The attorney bar information has been provided. 37 C.F.R. §2.17(b)(3).
The attorney has agreed to the following statement: ‘The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.’ 37 C.F.R. §2.17(b)(3).
RESPONSE GUIDELINES FOR PRIORITY ACTION
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
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.
/Leslie Ann Thomas-Riggs/
Leslie Ann Thomas-Riggs
Trademark Examining Attorney
USPTO, Law Office 125
(571) 272-5469
leslie.thomas-riggs@uspto.gov
RESPONSE GUIDANCE