To: | Specialty Pharma Goods (cameron@specialtypharmagoods.com) |
Subject: | U.S. Trademark Application Serial No. 88610994 - YOUNGER.COM - N/A |
Sent: | December 11, 2019 01:20:44 PM |
Sent As: | ecom119@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88610994
Mark: YOUNGER.COM
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Correspondence Address:
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Applicant: Specialty Pharma Goods
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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 11, 2019
SEARCH OF OFFICE’S DATABASE OF MARKS
PRIOR-PENDING APPLICATIONS
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.
Although applicant’s mark may be refused registration, applicant may respond to the potential refusal by submitting evidence and arguments in support of registration. However, regardless of whether applicant chooses to respond to the potential refusal at this juncture, applicant must respond to the requirement set forth below.
IDENTIFICATION OF SERVICES REQUIREMENT
In the identification of services, there are lists of goods contained next to semicolons, which renders those entries indefinite. As written, those entries state lists of goods which are all misclassified. Although retail services are generally classified in International Class 035, the goods individually on their own would need to be classified in the various appropriate International Classes for goods. Applicant may correct this issue by changing these semicolons to commas.
Moreover, the wording “online mail order services” in the identification of services is indefinite and must be clarified because it does not make clear the exact nature of the services. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Mail order services are not traditionally performed online; therefore, applicant may delete the wording online, or clarify that the services are in the nature of online ordering services that are also accessible by mail order.
Applicant may adopt the following amended identification, if accurate, changes are shown in bold:
IC 035: Auction management services provided to others over an on-line web site accessed through a global computer network; Online retail store services featuring books, music, videotapes, audiocassettes, compact discs, floppy discs and CD-Roms, printed matters, phonographs, recorded music, toys, household electronic appliances, applied electronic machines and apparatus, photography instruments, musical instruments and fittings thereof, photographs, stationery, jewelry, horological instruments and parts thereof, motor vehicles and parts and accessories thereof, manual and power tools, measuring instruments, physical and chemical instruments, chemicals, soaps, perfumery, cosmetics, paints, adhesive for industrial purposes, preservatives, leather, imitation leather, bags and their substitutes, umbrellas, walking sticks, saddlery, materials for building and construction, furniture, fabric, indoor ornaments of textile, smokers articles, plants, pharmaceuticals, lights, irons and steels, pots, tableware, heaters, cosmetic utensils, yarns and thread for textile use, kitchen and household utensils, games and playthings, electronic publications and greeting cards; Retail online ordering services featuring books, music, videotapes, audiocassettes, compact discs, floppy discs and CD-Roms, printed matters, phonographs, recorded music, toys, household electronic appliances, applied electronic machines and apparatus, photography instruments, musical instruments and fittings thereof. photographs, stationery, jewelry, horological instruments and parts thereof, motor vehicles and parts and accessories thereof, manual and power tools, measuring instruments, physical and chemical instruments, chemicals, soaps, perfumery, cosmetics, paints, adhesive for industrial purposes, preservatives, leather, imitation leather, bags and their substitutes, umbrellas, walking sticks, saddlery, materials for building and construction, furniture also accessible by mail order
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.
RESPONDING TO IDENTIFICATION OF SERVICES REQUIREMENT
(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 fee already paid (view the USPTO’s current fee schedule). The application identifies goods and services that are classified in many classes; however, applicant submitted a fee sufficient for only one class. 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.
ASSISTANCE
Response guidelines. For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
TRADEMARK COUNSEL SUGGESTED
Because of the legal technicalities and strict deadlines of the trademark application process, applicant may wish to hire a private attorney who specializes in trademark matters to assist in the process. The assigned trademark examining attorney can provide only limited assistance explaining the content of an Office action and the application process. USPTO staff cannot provide legal advice or statements about an applicant’s legal rights. TMEP §§705.02, 709.06. See Hiring a U.S.-licensed trademark attorney for more information.
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.
/Jared M. Mason/
Trademark Examining Attorney
Law Office 119
(571) 272-4146
Jared.Mason@uspto.gov
RESPONSE GUIDANCE