To: | Decathlon (weigell-docket@fzlz.com) |
Subject: | U.S. Trademark Application Serial No. 88629205 - OXYLANE - DCTH 1911889 |
Sent: | November 15, 2019 06:49:50 PM |
Sent As: | ecom121@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88629205
Mark: OXYLANE
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Correspondence Address: FROSS ZELNICK LEHRMAN & ZISSU, P.C. 151 WEST 42ND STREET, 17TH FLOOR
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Applicant: Decathlon
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Reference/Docket No. DCTH 1911889
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 15, 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:
· Partial Amended Identification of Goods Required – International Class 25
· Advisory: Partial Abandonment
PARTIAL AMENDED IDENTIFICATION OF GOODS REQUIRED – INTERNATIONAL CLASS 25
THIS PARTIAL REQUIREMENT APPLIES ONLY TO THE GOODS SPECIFIED THEREIN
Therefore, applicant must remove the parentheses from the identification and incorporate any parenthetical or bracketed information into the description of the goods.
In addition, applicant must correct the punctuation in the identification to clarify the individual items in the list of clothing goods. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01(a). Proper punctuation in identifications is necessary to delineate explicitly each product or service within a list and to avoid ambiguity. Commas, semicolons, and apostrophes are the only punctuation that should be used in an identification of goods and/or services. TMEP §1402.01(a).
In general, commas should be used in an identification (1) to separate a series of related items identified within a particular category of goods or services, (2) before and after “namely,” and (3) between each item in a list of goods or services following “namely” (e.g., personal care products, namely, body lotion, bar soap, shampoo). Id. Semicolons generally should be used to separate a series of distinct categories of goods or services within an international class (e.g., personal care products, namely, body lotion; deodorizers for pets; glass cleaners). Id.
Applicant may adopt the following wording, if accurate, with changes in bold:
International Class 25: Clothing, namely, tee-shirts, shorts, trousers, jackets, coats, non-waterproof parkas, rainwear, tights, cycling shorts, cycling jerseys, cycling pants; gloves; headwear; footwear, except for orthopedic shoes; socks; sports socks; cycling shoes; insoles for footwear
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: PARTIAL ABANDONMENT
If applicant does not respond to this Office action within the six-month period for response, the following goods in International Class 25 will be deleted from the application: “footwear (except orthopedic shoes)”. The application will then proceed with all of the goods in International Classes 9, 11, 12, 18 and 28, and the following goods in International Class 25 only: “Clothing, namely, tee-shirts, shorts, trousers, jackets, coats, non-waterproof parkas rainwear, tights, cycling shorts, cycling jerseys, cycling pants; gloves; headwear; socks; sports socks; cycling shoes; insoles for footwear”. See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
HOW TO RESPOND
Click to file a response to this nonfinal Office action
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.
/Hannah Gilbert/
Hannah Gilbert
Trademark Examining Attorney
Law Office 121
(571) 272-5029
hannah.gilbert@uspto.gov
RESPONSE GUIDANCE