To: | River Rock Endeavors LLC (priya@cotechlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88574184 - HEARTLIGHT - 1001.100697 |
Sent: | November 08, 2019 06:57:45 PM |
Sent As: | ecom122@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88574184
Mark: HEARTLIGHT
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Correspondence Address:
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Applicant: River Rock Endeavors LLC
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Reference/Docket No. 1001.100697
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: 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).
CLASSIFICATION AND IDENTIFICATION OF GOODS
Particular wording in the identification of goods is indefinite/too broad or misclassified and must be clarified for reasons explained below. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. Please see specific requirements explained below in italicized lettering and suggested wording below in bold lettering. If applicant adds one or more international classes to the application, applicant must comply with the multiple-class requirements specified in this Office action.
The following substitute wording is suggested, if accurate:
Class 006: Decorative boxes made of non-precious metal
Class 009: Sound recording and sound reproducing apparatus and instruments
Class 014: Memorial Jewelry; Decorative boxes made of precious metal
Class 019: Cast stone garden and household ornaments; household décor, namely, sculptures of {indicate Class 19 material, e.g., cement, marble, stone, etc.}
Class 020: {This entry is indefinite and overbroad, applicant must specify the nature of these goods, e.g.} Decorative Boxes made of wood or plastic; Household decor and garden ornaments made primarily of textiles and also including beads; Household décor, namely, Sculptures of {indicate Class 20 material, e.g., plaster, plastic, wax, wood, etc.}; household décor, namely, mirror frames, picture frames
Class 021: Household décor, namely, Sculptures of {indicate Class 21 material, e.g., china, crystal, earthenware, terra cotta, glass, porcelain, etc.}; Household décor, namely, flower pots
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
(1) List the goods and/or 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/or services that are classified in at least 6 classes; however, applicant submitted fees sufficient for only 3 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 Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
ISSUE REGARDING APPLICANT’S ENTITY TYPE
RESPONSE GUIDELINES
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
/John Salcido/
John Salcido
Examining Attorney
Law Office 122
571-272-7549
John.Salcido@uspto.gov
RESPONSE GUIDANCE