Offc Action Outgoing

MEDI HOTPACK

LG HOUSEHOLD & HEALTH CARE LTD.

U.S. Trademark Application Serial No. 88641204 - MEDI HOTPACK - 115262.00350

To: LG HOUSEHOLD & HEALTH CARE LTD. (bhipdocket@bakerlaw.com)
Subject: U.S. Trademark Application Serial No. 88641204 - MEDI HOTPACK - 115262.00350
Sent: January 08, 2020 04:43:19 PM
Sent As: ecom116@uspto.gov
Attachments: Attachment - 1
Attachment - 2
Attachment - 3

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

U.S. Application Serial No. 88641204

 

Mark:  MEDI HOTPACK

 

 

 

 

Correspondence Address: 

JENNY KUH

BAKER & HOSTETLER LLP

1050 CONNECTICUT AVENUE N.W.

WASHINGTON SQUARE, SUITE 1100

WASHINGTON, DC 20036

 

 

Applicant:  LG HOUSEHOLD & HEALTH CARE LTD.

 

 

 

Reference/Docket No. 115262.00350

 

Correspondence Email Address: 

 bhipdocket@bakerlaw.com

 

 

 

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:  January 08, 2020

 

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue(s) below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

SEARCH RESULTS

 

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:

  • Disclaimer
  • Identification of Goods
  • Multiple Classes

 

DISCLAIMER REQUIRED

 

Applicant must provide a disclaimer of the unregistrable part(s) of the applied-for mark even though the mark as a whole appears to be registrable.  See 15 U.S.C. §1056(a); TMEP §§1213, 1213.03(a).  A disclaimer of an unregistrable part of a mark will not affect the mark’s appearance.  See Schwarzkopf v. John H. Breck, Inc., 340 F.2d 978, 979-80, 144 USPQ 433, 433 (C.C.P.A. 1965).

 

In this case, applicant must disclaim the wording “HOT PACK” because it is not inherently distinctive.  These unregistrable term(s) at best are merely descriptive of an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s goods and/or services.  See 15 U.S.C. §1052(e)(1); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012); TMEP §§1213, 1213.03(a). 

 

HOT PACK is defined as:

 

  1. a hot towel, dressing, or the like, applied to the body to reduce swelling, relieve pain, etc

 

“hot pack” Collins Dictionary (2019) http://www.collinsdictionary.com/dictionary/english/hot-pack  Retrieved January 8, 2020.  See attachment.

 

The wording merely describes applicant’s goods, which feature hot packs.

 

The wording “HOTPACK” must appear in its correct spelling in two words, i.e., “HOT PACK” in the disclaimer.  See In re Omaha Nat’l Corp., 819 F.2d 1117, 1119, 2 USPQ2d 1859, 1861 (Fed. Cir. 1987); In re Carlson, 91 USPQ2d 1198, 1203 (TTAB 2009); TMEP §1213.08(c).

 

Applicant may respond to this issue by submitting a disclaimer in the following format: 

 

No claim is made to the exclusive right to use “HOT PACK” apart from the mark as shown. 

 

For an overview of disclaimers and instructions on how to satisfy this issue using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage. 

 

IDENTIFICATION OF GOODS

 

 

The identification of goods is unacceptable and must be clarified because some of the terms are indefinite and/or misclassified.  Some of the goods could be classified in more than one class, depending on their nature.  The applicant must list the common commercial name of each item and list the goods in the correct class.  Where indicated by the bold print, the applicant must specify whether for medical or therapy use, which affects classification and list the goods in the correct class.  The changes needed are listed in the Suggested Identification of Goods below.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

 

 

SUGGESTED IDENTIFICATION OF GOODS

 

Applicant may substitute the following wording, if accurate: 

 

IC 010: Cold packs, namely, therapeutic cold therapy packs; cooling fomentation packs, namely, therapeutic cold therapy packs

 

IC 011: USB-powered pocket warmers for warming hands; cold packs for cooling the body and not for medical purposes; cooling fomentation packs, namely, cold packs for cooling the body and not for medical purposes; heating packs, namely, chemically-activated heating packs for providing warmth to the body not for medical purposes; chemically-activated heating packs for providing warmth to the body, namely, heating packs for eyes not for medical purposes; chemically-activated heating packs for providing warmth to the body, namely, heating packs for knees not for medical purposes; chemically-activated heating packs for providing warmth to the body, namely, heating packs for shoulders not for medical purposes; hot water heating packs not for medical purposes, namely, hot water bottle holder with pouch of microwavable material for sustained warmth; chemically-activated heating packs for providing warmth to the body, namely, heating packs not for medical purposes; pocket warmers, namely, USB-powered pocket warmers for warming hands; chemically-activated heating packs for providing warmth to the body, namely, disposable foot warmers; disposable heaters other than electric, namely, chemically-activated heating packs for providing warmth to the body; disposable warmers for warming body, namely, chemically-activated heating packs for providing warmth to the body; disposable pocket warmers, namely, chemically-activated heating packs for providing warmth to the body; hot fomentation packs not for medical use, namely, chemically-activated heating packs for providing warmth to the body; hot water bottles; heating pack filled with chemical substance that react as needed, namely, chemically-activated heating packs for providing warmth to the body; cooling pack not for medical purposes filled with chemical substance that react as needed, namely, cold packs for cooling the body and not for medical purposes; portable heaters, namely, non-electric pocket warmers, namely, chemically-activated heating packets for warming hands

 

Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or 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/or services may not later be reinserted.  See TMEP §1402.07(e).

 

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 CLASSES

 

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

 

(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(s) already paid (view the USPTO’s current fee schedule).  The application identifies goods and/or services that may be classified in at least two 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.

 

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/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.    

 

 

 

/Ellen Awrich/

Trademark Examining Attorney

Law Office 116

571-272-9123

ellen.awrich@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.  

 

 

 

Offc Action Outgoing [image/jpeg]

Offc Action Outgoing [image/jpeg]

Offc Action Outgoing [image/jpeg]

U.S. Trademark Application Serial No. 88641204 - MEDI HOTPACK - 115262.00350

To: LG HOUSEHOLD & HEALTH CARE LTD. (bhipdocket@bakerlaw.com)
Subject: U.S. Trademark Application Serial No. 88641204 - MEDI HOTPACK - 115262.00350
Sent: January 08, 2020 04:43:23 PM
Sent As: ecom116@uspto.gov
Attachments:

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on January 08, 2020 for

U.S. Trademark Application Serial No. 88641204

 

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. 

 

 

 

/Ellen Awrich/

Trademark Examining Attorney

Law Office 116

571-272-9123

ellen.awrich@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 January 08, 2020, 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.”

 

 

 


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