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: November 08, 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

 

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 and Services
• Multiple-Class Application Requirements
• Foreign Registration Required

 

IDENTIFICATION AND CLASSIFICATION OF GOODS AND SERVICES

 

The identification of goods and services is indefinite and must be clarified to further specify the nature, use, or subject matter of certain items, as set out in bold below. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.

 

Further, the identification of goods and services contains parentheses and brackets. Generally, applicants should not use parentheses and brackets in identifications in their applications so as to avoid confusion with the USPTO’s practice of using parentheses and brackets in registrations to indicate goods and services that have been deleted from registrations or in an affidavit of incontestability to indicate goods and services not claimed. See TMEP §1402.12. The only exception is that parenthetical information is permitted in identifications in an application if it serves to explain or translate the matter immediately preceding the parenthetical phrase in such a way that it does not affect the clarity or scope of the identification, e.g., “fried tofu pieces (abura-age).” Id.

 

Therefore, applicant must remove the parentheses and brackets from the identification and incorporate any parenthetical or bracketed information into the description of the goods and services. Suggestions have been set out in bold below.

 

In addition, applicant has classified the following goods and services in International Class 21: “bathroom stools,” “omikuji (sacred lots) (printed strips of paper used for fortune telling),” and “toilet cases.” However, the proper classification for each item is as follows: “bathroom stools” in Class 20; “omikuji (sacred lots) (printed strips of paper used for fortune telling)” in Class 16; and “toilet cases” in Class 18.

 

Additionally, applicant has provided the application fees for only 13 international classes. Thus, not all international classes in the application are covered by the application fees. Because of this disparity, applicant must clarify the number of classes for which registration is sought. See 37 C.F.R. §§2.32(d), 2.86.

 

Applicant may respond by (1) adding one or more international classes to the application, and reclassifying the above goods and services accordingly; or (2) deleting from the application the goods and services for all but the number of international classes for which the application fee was submitted. See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq. If applicant adds one or more international classes to the application, applicant must comply with the multiple-class application requirements specified in this Office action.

 

Finally, the word “headgear” in the identification of goods must be clarified because it is indefinite and too broad without further clarification. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. This wording could identify goods in more than one international class. For example, this word could include “headwear” in International Class 25 or “headwear for dolls” in International Class 28.

 

Applicant may (1) amend “headgear” to “headwear,” if accurate, and/or (2) retain “headgear,” add “namely,” and then list the specific types of headgear items and classify the goods accordingly (e.g., headgear, namely, sports helmets in International Class 9; headgear, namely, orthodontic headgear in International Class 10; and headgear, namely, sports caps in International Class 25). Given the overbroad nature of “headgear,” the wording after “namely” must identify the goods with sufficient specificity that it would be considered definite and properly classified absent the term “headgear.”

 

Applicant is also advised to delete or modify the duplicate entry in the identification of goods and services in International Class 25 for “wristbands (clothing).” See generally TMEP §§1402.01, 1402.01(a). If applicant does not respond to this issue, be advised that the USPTO will remove duplicate entries from the identification prior to registration.

 

The following substitute wording is suggested, if accurate:

 

Class 2

 

Preservatives against rust and against deterioration of wood in the nature of a coating; anti-corrosive preparations in the nature of a coating; anti-rust preparations in the nature of a coating; dyestuffs; pigments; glazes in the nature of paints and lacquers; paints; printing ink; anti-rust greases; anti-rust oils; metals in foil and powder form for use in painting, decorating, printing and art; filled toner cartridges; food dyes in the form of paper for dyeing Easter eggs; watercolor paints for use in art; oil colors

 

Class 3

 

Rust removing preparations; canned pressurized air for dusting and cleaning purposes; adhesives for cosmetic use; breath fresheners in the nature of preparations for personal hygiene; deodorants for animals; cotton sticks for cosmetic purposes; paint stripping preparations; shoe cream; polishing, scouring and abrasive preparations; soaps and detergents, namely, cosmetic soaps and detergents for household use; cleaning preparations; scouring powders; dentifrices; mouthwashes, not for medical purposes; absorbent facial tissue, namely, oil removing papers for cosmetic purposes; bath preparations, not for medical purposes; cosmetics; perfumery; essential oils; air fragrancing preparations; shoemakers' wax; abrasive cloth and paper; polishing, scouring and abrasive preparations; sand for sandblasting; abrasives for sandblasting; false nails; false eyelashes

 

Class 5

 

Air purifying preparations; pharmaceutical preparations for treating {specify the condition treated}; chemical preparations for pharmaceutical purposes, namely, for {specify condition treated}; air deodorizing preparations; bactericides; fungicides; insecticides; pharmaceutical preparations and other preparations for destroying vermin, fungicides, herbicides; preparations for destroying vermin; herbicides; adhesive plasters for medical purposes; teeth filling material; biological implants, namely, a vital processed human or animal connective tissue; baby diapers; fly catching paper; diapers for pets; mothproofing paper; lacteal flour for babies; dietary supplements; dietetic foods adapted for medical purposes; food for babies; dietary supplements for animals; semen for artificial insemination

 

Class 8

 

Tweezers; Hand tools, namely, braiders; agricultural implements, hand-operated, namely, {specify implements, e.g., broadforks, chicken pluckers, cider presses, etc.}; hand-operated lasts for shoemaking; apparatus for tattooing; flat irons; electric or non-electric hair trimmers; hand-operated cutting tools; scissors; hand tools, namely, lawn and turf edge tools; hand tools and hand-operated implements, namely, {specify tools in Class 8}; tableware, namely, knives, forks and spoons; side arms, other than firearms, namely, {specify sidearms, e.g., swords, hunting knives}; hand tools, namely, metal wire stretchers; hand-operated grease guns; screwdrivers, non-electric; spanners; hand tools, namely, hammers; hand tools, namely, wrenches; whetstones; kitchen mandolins for cutting food; dressmakers' chalk sharpeners; fire irons; bludgeons; hand-operated guns for the extrusion of {indicate material extruded, e.g., adhesives, sealants, etc.; hair-removing tweezers; scrapers for skis; ice axes; diving knives; palette knives

 

Class 13

 

Firearms; projecting apparatus for grenades, bombs and other missiles; pyrotechnics; explosives; detonators; explosive devices; sprays for personal defense purposes; weapons, namely, tanks; highway flares, explosive or pyrotechnical

 

Class 14

 

Precious metals and their alloys; jewellery, precious and semi-precious stones; unwrought precious stones; key rings comprised of split rings with decorative fobs or trinkets; key rings of leather; bottle caps of precious metal; jewellery boxes; works of art of precious metal; commemorative medals; tombstones of precious metal; personal ornaments of precious metal in the nature of jewelry; imitation jewellery; earrings; tie clips; jewellery, namely, necklaces; bracelets; ornamental lapel pins; cuff links; shoe jewellery; clocks; watches; sculptures of precious metal

 

Class 16

 

Stationery and office requisites, except furniture, namely, {specify office requisites in Class 16}; pastes and other adhesives for stationery or household purposes; correcting ink for heliography purposes; sealing wax; printing type; drawing instruments; paper shredders for office use; stencil plates; office requisites, namely, staplers; marking templates; histological sections for teaching purposes; pencil sharpeners; paint rollers; binding materials for books and papers; bibs of paper; paper pads for changing diapers; paper containers; wrapping paper; paper bags; cardboard cartons; plastic or paper bags for merchandise packaging, namely, envelopes, pouches; plastic film for packaging; elastic bands for offices; grocery bags of paper or plastic; garbage bags of paper or of plastics; marking chalk; banners of paper; flags of paper; paper party decorations; towels of paper; table napkins of paper; paper toilet bowl liners; shipping labels of paper; toilet seat cover paper; paper shopping bags; bookends; file boxes for storage of business and personal records; tablecloths of paper; figures made of paper; portraits; signboards of paper or cardboard; printed paper signs; paper badges; passport covers; money clips; architects' models; modeling compounds, namely, plastics for modelling; paper and cardboard; tissue paper; filtering materials of filter paper; bookmarkers; greeting cards; stickers; day planners; note books; memo pads; adhesive note paper; office supplies, namely, binders; paper folders; writing instruments; pens; paperweights; name badge holders; retractable reels for name badge holders; clips for name badge holders; business cards; letterhead paper; envelopes; mechanical pencils; ball-point pens; pencils; highlighting markers; photo albums; paper clips; rubber stamps; seals for stationery; hand-held paper knives; stamp cases; seals for offices; pen trays; pen cases; stands for pens and pencils; postcards; printed teaching materials in the field of {specify area of use}; printed matter, namely, printed {specify publication type, e.g., lessons, books, periodicals, etc.} in the field of {indicate subject matter}; printed publications, namely, brochures, booklets, and teaching materials in the field of {indicate subject matter or field of printed publications and teaching materials}; {indicate type of books, e.g., coloring, date, composition, etc.} books; Booklets in the field of {indicate subject matter}; Catalogues in the field of {indicate specific field of use}; Pamphlets in the field of {indicate subject matter}; posters; instruction manuals in the field of {indicate subject matter}; house organs; newsletters in the field of {indicate subject matter}; newspapers; general feature magazines; calendars; drawings; textbooks in the field of {indicate subject matter}; printed tickets; geographical maps; diaries; paintings and calligraphic works; pictures; printed photographs; photograph stands; omikuji sacred lots in the nature of printed strips of paper used for fortune telling

 

Class 18

 

Straps for carrying soldiers' equipment; feed bags for animals; poultry blinders to prevent fighting; casings, of leather, for springs; leather for making music instrument valves; handbag frames; baby carriers worn on the body; leather straps; boxes of vulcanized fiber; leather cases; clothing for pets; leather trimmings for furniture; reins for guiding children; bags and the like, namely, carry-all bags; athletic bags; sports bags; tote bags; travelling bags; luggage tags; rucksacks; pouches and the like, namely, pouches of leather, pouches of textile; key cases; wallets; coin purses; calling card cases; business card cases; cosmetic bags sold empty; umbrellas; parasols; canes; straps for carrying skates; saddlery; alpenstocks; labels of leather; leather and imitations of leather; fur pelts; artificial fur; toiletry cases sold empty

 

Class 20 (new class)

 

bathroom stools

 

Class 21

 

Dental floss; mosaics of glass and ceramic tiles, not for construction; beverage glassware, porcelain and earthenware mugs; glass, unworked or semi-worked, except building glass; mangers for animals; poultry rings; make-up removing appliances; bottle openers, electric and non-electric; cosmetic utensils, namely, brushes and spatulas; hair brushes; electric toothbrushes; wire brushes, not being machine parts; gloves for household purposes; household or kitchen containers; household or kitchen utensils, namely, {specify Class 21 utensils, e.g., pot and pan scrapers, rolling pins, spatulas, etc.}; flasks of precious metal; industrial packaging containers of glass or porcelain; bottles, sold empty; drinking glasses; plastic water bottles sold empty; pottery, namely, {specify Class 21 items, e.g., pitchers, vases, flower pots}; glass stoppers; non-electric coffee makers; non-electric cooking pots and pans; dishware; tableware, other than knives, forks and spoons, namely, {specify Class 21 tableware}; cups; coffee mugs; tumblers for use as drinking glasses; beer mugs; lunch boxes; portable cool boxes, non-electric; water bottles sold empty; heat-insulated containers for beverages; insulating sleeve holders for bottles; chopsticks; chopstick rests; toothpicks; salt shakers; articles for cleaning purposes, namely, {specify Class 21 articles, e.g., grill scrapers}; scrubbing brushes; brooms; steel wool; mops; cloths for cleaning; washing brushes; wash basins in the nature of bowls; clothes drying hangers; sponges for household purposes; ironing boards; aerosol dispensers, not for medical purposes; baby baths, portable, namely, inflatable bath tubs for babies; bathroom pails; candlesticks; coal scuttles; insect traps; flower pots; watering cans; garden planters in the nature of hydroponic growing containers for household purposes; sprinkling devices, namely, sprinklers for watering flowers and plants; feeding vessels for pets; brushes for pets; cages for household pets; litter trays for pets; clothes brushes; potties for children; chamber pots; piggy banks; cold packs for chilling food and beverages; dispensers for facial tissues; soap dispensers; indoor aquaria; toilet paper holders; thermally insulated wraps for cans to keep the contents hot or cold; vases; signboards of porcelain or glass; incense burners; fitted vanity cases; hair combs; hair brushes; toothbrushes; bath sponges; shoe horns; portable pots and pans for camping; material for brush-making

 

Class 24

 

Printers' blankets of textile; woven fabrics; {specify item in Class 24, e.g., towels, face towels, etc.} made of textile material; felt and non-woven textile fabrics; filtering materials of textile, namely, {specify Class 24 materials, e.g., gauze fabric, mesh-woven fabrics, etc.} ; rubberized cloth; baby buntings; Japanese general wrapping cloth (furoshiki); towels of textile; handkerchiefs of textile; woven textile goods for personal use, namely, {specify Class 24 goods, e.g., towels, face towels, handkerchiefs, quilts, etc.}; household linen; lap blankets; bed linen; table linen, not of paper; dish cloths; shower curtains; banners and flags of textile or plastic, not of paper; banners of textile or plastic; flags of textile or plastic; blankets for household pets; fitted toilet seat covers of textile; draperies in the nature of thick drop curtains; curtains; tablecloths, not of paper; furniture coverings made of plastic materials; wall hangings of textile; shrouds; bath mitts; billiard cloth; sleeping bags; labels of textile

 

Class 25

 

Clothing, footwear, headwear, namely, {specify the articles of clothing and headwear in Class 25}; articles of clothing, footwear and headwear for babies and toddlers, namely, {specify the articles of clothing and headwear in Class 25}; ready-made clothing, namely, {specify articles of clothing in Class 25}; tops as clothing; bottoms as clothing; shirts; t-shirts; clothing for children, namely, {specify articles of clothing in Class 25}; clothing for babies, namely, {specify articles of clothing in Class 25}; rugby tops; non-Japanese style outerclothing, namely, {specify articles of clothing in Class 25}; vests; overalls; liveries; jackets as clothing; sweatshirts; sweatpants; sports shirts; trousers; parkas; polo shirts; ponchos; wristbands as clothing; collared shirts; rugby shorts; uniforms; rainwear; pajamas; underwear; baby bodysuits; swimwear; kimonos; Japanese traditional clothing, namely, {specify articles of clothing in Class 25}; scarfs; socks; neckties; ear muffs; plastic baby bibs; bibs, not of paper; gloves as clothing; baseball caps; headwear; suspenders as braces; belts as clothing; shoes and boots; shoes; footwear; work boots; non-slipping devices for footwear, namely, non-slip soles; Japanese style wooden clogs (Geta); slippers; bath sandals; masquerade costumes; athletic footwear; clothing for sports, namely, {specify articles of clothing in Class 25}; rugby shoes; Class 28: Amusement machines and apparatus for use in amusement parks, namely, {specify Class 28 goods}; amusement park rides; video game machines; amusement game machines; golf bag carts; toys for pets; toy glow sticks; games, toys and playthings, namely, {specify Class 28 goods}; toy models; scale model kits as toys; scale model vehicles; toy vehicles; toy vehicles and accessories therefor; ride-on toys; miniature toy helmets; dolls; toy figures; stuffed toys; puzzles; stacking toys; toy construction sets; playing balls for playing {specify sports or activities played}; board games; parlor games; dice; playing cards; party games comprising a conjuring apparatus; amusement game machines and apparatus; gaming machines, namely, slot machines; darts; Japanese vertical pinball machine (pachinko machines); billiard equipment; sports equipment, namely, {specify equipment in Class 28}; cases specially adapted for sports equipment; balls for sports; rugby implements, namely, {specify implements in Class 28, e.g., rugby gloves, rugby rucking shields, etc.}; rugby balls; golf equipment, namely, {specify golf equipment in Class 28, e.g., golf irons, golf gloves, golf tees, etc.}; golf balls; markers for golf balls; climbers' harnesses; fishing tackle; confetti; butterfly nets

 

Class 41

 

Organization of lotteries; dubbing; educational and training services relating to sport, namely, conducting programs and training featuring sporting events; vehicle driving instruction; education and training services, namely, conducting {indicate specific modes of instruction, e.g., classes, seminars, conferences, workshops, field trips} in the field of {indicate specific field, e.g., pet care, math, science}; educational services, namely, conducting distance learning instruction at the {indicate level of instruction, e.g., primary, secondary, college, university} level ; practical training in the field of welding; arranging of donation of human corpses for medical education; arranging and conducting of educational conferences, congresses, seminars, symposiums, training courses, classes and lectures in the field of {indicate specific field, e.g., pet care, math, science}; organization events in the field of {specify field, e.g., film, architecture, etc.} for cultural or educational purposes; organization of social entertainment events; organization of sporting events in the nature of {indicate type of event being organizes, e.g., swimming meet, soccer competition, etc.}; animal training; zoological garden services; providing electronic publications, not downloadable, in the nature of {indicate specific nature of publication} in the field of {indicate subject matter of publication}; museum services; gardens for public admission; publication of printed matter in electronic form; publication and copy editing of printed matter, books, newspapers and periodicals, other than for advertising purposes; planning arrangement of movies, shows, plays or musical performances; organization of shows for cultural purposes and concerts; recreation information; entertainment and sporting activities, namely, conducting programs featuring recreational activities and sporting events; entertainment information; video production; recording, production and distribution of films, video and audio recordings, radio and television programs; presentation of musical performances; production of radio and television programmes; production of videotape film in the field of education, culture, entertainment or sports, not for movies or television programs and not for advertising or publicity; organization, arranging and conducting of professional golf tournaments or competitions; providing information relating to sports; organization of sporting events, namely, {indicate type of event being organized, e.g., swimming meet, soccer competition, etc.}; arranging of film events, musical events, cultural and {indicate type of sport} sporting events and live entertainment events; organization of entertainment events excluding movies, shows, plays, musical performances, sports, horse races, bicycle races, boat races and auto races, namely, {specify events organized in Class 41}; organization of social entertainment events; organization of cultural events; organization, arranging and conducting of horse races; organization, arranging and conducting of bicycle races; organization, arranging and conducting of boat races; organization, arranging and conducting of auto races; providing audio or video studio services; providing sports facilities; providing golf facilities; golf driving range services; providing amusement facilities; providing facilities for movies, shows, plays, music or educational training; providing museum facilities for presentations and exhibitions; providing facilities for educational {specify type of educational activity, e.g., classes, seminars, workshops, etc.} to {indicate group or individual, e.g., needy children, developmentally disabled individuals, etc.}; ticket reservation and booking services for entertainment, sporting and cultural events; rental of cinematographic apparatus; rental of musical instruments; rental of sports equipment, except vehicles; rental services for audio and video equipment; rental of sound recordings and video recordings; rental of game machines and apparatus; rental of artwork; rental of indoor aquaria; modelling for artists; photography; photographic reporting; translation; news reporters services

 

Applicant may amend the identification to clarify or limit the goods and services, but not to broaden or expand the goods and 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 services may not later be reinserted. See TMEP §1402.07(e). Additionally, for U.S. applications filed under Trademark Act Section 44(e), the scope of the identification for purposes of permissible amendments may not exceed the scope of the goods and services identified in the foreign registration. 37 C.F.R. §2.32(a)(6); Marmark, Ltd. v. Nutrexpa, S.A., 12 USPQ2d 1843, 1845 (TTAB 1989) (citing In re Löwenbräu München, 175 USPQ 178, 181 (TTAB 1972)); TMEP §§1012, 1402.01(b).

 

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.

 

MULTIPLE-CLASS APPLICATION REQUIREMENTS

 

The application identifies goods and services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Sections 1(b) and 44:

 

(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). The application identifies goods and services that are classified in at least 14 classes; however, applicant submitted a fees sufficient for only 13 classes. Applicant must either submit the filing fees for the classes not covered by the submitted fees 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 Sections 1(b) and 44 multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.

 

FOREIGN REGISTRATION REQUIRED

 

The application specifies both an intent to use basis under Trademark Act Section 1(b) and a claim of priority under Section 44(d) based on a foreign application. See 15 U.S.C. §§1051(b), 1126(d); 37 C.F.R. §2.34(a)(2), (a)(4). However, no copy of a foreign registration has been provided even though the application indicates applicant’s intent to rely on Section 44(e) as an additional basis for registration. See 15 U.S.C. §1126(e).

 

An application with a Section 44(e) basis must include a true copy, photocopy, certification, or certified copy of a foreign registration from an applicant’s country of origin. 15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii); TMEP §§1004, 1004.01, 1016. In addition, an applicant’s country of origin must be a party to a convention or treaty relating to trademarks to which the United States is also a party, or must extend reciprocal registration rights to nationals of the United States by law. 15 U.S.C. §1126(b); TMEP §§1002.01, 1004.

 

Therefore, applicant must provide a copy of the foreign registration from applicant’s country of origin when it becomes available. TMEP §1003.04(a). A copy of a foreign registration must consist of a document issued to an applicant by, or certified by, the intellectual property office in applicant’s country of origin. TMEP §1004.01. If applicant’s country of origin does not issue registrations or Madrid Protocol certificates of extension of protection, applicant may submit a copy of the Madrid Protocol international registration that shows that protection of the international registration has been extended to applicant’s country of origin. TMEP §1016. In addition, applicant must also provide an English translation if the foreign registration is not written in English. 37 C.F.R. §2.34(a)(3)(ii); TMEP §1004.01(a)-(b). The translation should be signed by the translator. TMEP §1004.01(b).

 

If the foreign registration has not yet issued, or applicant requires additional time to procure a copy of the foreign registration (and English translation, as appropriate), applicant should so inform the trademark examining attorney and request that the U.S. application be suspended until a copy of the foreign registration is available. TMEP §§716.02(b), 1003.04(b).

 

If applicant cannot satisfy the requirements of a Section 44(e) basis, applicant may request that the mark be approved for publication based solely on the Section 1(b) basis. See 15 U.S.C. §§1051(b), 1126(e); 37 C.F.R. §2.35(b)(1); TMEP §§806.02(f), 806.04(b), 1003.04(b). Although the mark may be approved for publication on the Section 1(b) basis, it will not register until an acceptable allegation of use has been filed. See 15 U.S.C. §1051(c)-(d); 37 C.F.R. §§2.76, 2.88; TMEP §1103. Please note that, if the U.S. application satisfied the requirements of Section 44(d) as of the U.S. application filing date, applicant may retain the priority filing date under Section 44(d) without perfecting the Section 44(e) basis, provided there is a continuing valid basis for registration. See 37 C.F.R. §2.35(b)(3)-(4); TMEP §§806.02(f), 806.04(b).

 

Alternatively, applicant has the option to amend the application to rely solely on the Section 44(e) basis and request deletion of the Section 1(b) basis. See 37 C.F.R. §2.35(b)(1); TMEP §806.04. The foreign registration alone may serve as the basis for obtaining a U.S. registration. See 37 C.F.R. §2.34(a)(3); TMEP §806.01(d).

 

RESPONSE

 

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.

 

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 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

 

 

/Scott Kumis/

Scott Kumis

Trademark Examining Attorney

Law Office 125

Phone: 571-272-2693

Email: scott.kumis@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 November 08, 2019 for

U.S. Trademark Application Serial No. 88571809

 

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. 

 

 

/Scott Kumis/

Scott Kumis

Trademark Examining Attorney

Law Office 125

Phone: 571-272-2693

Email: scott.kumis@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 November 08, 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.”