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
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Correspondence Address: |
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Applicant: LG HOUSEHOLD & HEALTH CARE LTD.
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Reference/Docket No. 115262.00350
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: 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).
DISCLAIMER REQUIRED
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:
“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.
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.
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
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.
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.
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