To: | James, Jesse (customerservice@westcoastchoppers.com) |
Subject: | U.S. Trademark Application Serial No. 88600244 - PRO-ANTI - N/A |
Sent: | December 03, 2019 02:00:00 PM |
Sent As: | ecom119@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88600244
Mark: PRO-ANTI
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Correspondence Address:
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Applicant: James, Jesse
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Reference/Docket No. N/A
Correspondence Email Address: |
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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: December 03, 2019
I. SEARCH OF THE OFFICE RECORDS
No Prior Conflicting Marks
The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
II. INFORMALITIES
Although there is no conflict with any prior registered or pending marks, the applicant must respond to the following issue(s).
Application Refused—Applicant Improperly Identified the Goods in International Class 025 ONLY
The applicant has provided this Office with the following identifications:
Stickers, in International Class 016; and
Clothing, namely, tshirts, sweatshirts, billed hats, beanies, and socks, in International Class 025.
The wording “billed hats” in the recitation of goods of International Class 025 is unacceptable as indefinite and must be clarified. TMEP §1402.01. Based on the applicant’s description, the examining attorney cannot determine the kind or type of billed hat. The language the applicant used fails to adequately describe these products such that the average person would readily understand what the goods are.
The applicant must amend the recitation to specify the common commercial name of the goods. If there is no common commercial name for the products, the applicant must adequately describe the nature of the goods and their main purpose, as well as indicate the channel of trade, intended consumer and intended use(s).
Please Note: The applicant’s proposed identification for International Class 016 is acceptable as currently written and made part of the application. This identification requirement does not pertain to the goods listed in that international class.
The applicant may amend the identification to substitute the following wording, if accurate:
Proposed identification for International Class 025:
Clothing, namely, t-shirts, sweatshirts, billed hats in the nature of ____________ [applicant must identify the good using its common commercial name e.g. baseball hats and caps, caps with visors, sun visors being headwear], beanies and socks.
PLEASE NOTE: General Guidelines Regarding the Scope of Acceptable Identification Amendments
The applicant however 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). Thus, the applicant may not subsequently amend the identification to include any product or service that is not within the scope of the goods and/or services originally set forth in the application or a previously accepted identification amendment thereto.
Online Identification Reference Provided by the USPTO
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.
PARTIAL ABANDONMENT ADVISORY NOTICE: Failure to Respond—Abandonment of Specific Goods
If the applicant does not respond to this Office action within the six-month period from the issue date/mailing, then the following goods will be deleted from the application by Examiner’s Amendment:
Billed hats, in International Class 025.
See 37 C.F.R. §2.65(a); TMEP §718.02(a).
The application will then proceed with the following goods only.
Partial abandonment identification for International Class 016:
Stickers.
Partial abandonment identification for International Class 025:
Clothing, namely, t-shirts, sweatshirts, beanies, and socks.
Id.
Applicant’s Response
There is no required format or form for responding to this Office action. There is no required format or form for responding to an Office action. For this application to proceed further, the applicant must explicitly address each refusal and/or requirement raised in this Office action. If the action includes a refusal, the applicant may provide arguments and/or evidence as to why the refusal should be withdrawn and the mark should register. The applicant may also have other options specified in this Office action for responding to a refusal and should consider those options carefully. To respond to requirements and certain refusal response options, the applicant should set forth in writing the required changes or statements. For more information and general tips on responding to USPTO Office actions, response options, and how to file a response online, Please see “Responding to Office Actions” and the informational video “Response to Office Action” on the USPTO’s website.
As indicated in the Partial Abandonment Advisory Notice above, if the applicant does not respond to this Office action within six (6) months of the issue/mailing date, the goods and/or services to which the noted refusal(s) and/or requirement(s)s apply will be deleted from the application by Examiner’s Amendment. See 37 C.F.R. §2.65(a); TMEP §718.02(a). In such case, an applicant may timely file a petition to revive the abandoned goods and/or services which, if granted, would allow for the reinsertion of these goods and/or services into the application. See 37 C.F.R. §2.66; TMEP §§718.02(a), 1714. The petition must be filed within two months of the date of issuance of the notice of abandonment and may be filed online via the Trademark Electronic Application System (TEAS) with a $100 fee. See 37 C.F.R. §§2.6(a)(15)(ii), 2.66(a)(1), (b)(1).
If an applicant is represented by a U.S.-licensed attorney authorized to practice before the USPTO, the attorney must sign the response. 37 C.F.R. §2.193(e)(2)(i); TMEP §§611.03(b), 712.01. The only attorneys who may sign responses are (1) attorneys in good standing with a bar of the highest court of any U.S. state or territory, or (2) Canadian trademark attorneys or agents reciprocally recognized by the USPTO’s Office of Enrollment and Discipline (OED) who are appointed in connection with a U.S.-licensed attorney. See 37 C.F.R. §§2.17(a), 11.14(a), (c), (e). Foreign attorneys, other than recognized Canadian trademark attorneys or agents, do not have authority to sign responses. See 37 C.F.R. §§2.17(e), 11.14(c)(1), (e). If an applicant is initially represented by an attorney, and then later retains another U.S.-licensed attorney from a different firm, the newly retained attorney may not sign responses until the applicant files a new power and/or revocation of attorney. See 37 C.F.R. §2.18(a)(7); TMEP §604.03.
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. If the applicant has technical questions about the TEAS response to Office action form, applicant can review the electronic filing tips available online at http://www.gov.uspto.report/teas/eFilingTips.htm and email technical questions to TEAS@uspto.gov.
If the applicant or its appointed attorney has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Michael Tanner/
Michael Tanner
Trademark Attorney
Law Office 119
Telephone: 571-272-9706
Email: Michael.Tanner@uspto.gov
How to respond. Click to file a response to this nonfinal Office action.
RESPONSE GUIDANCE