To: | Askew, Demeatrice (demeatriceaskew@gmail.com) |
Subject: | U.S. Trademark Application Serial No. 88645463 - OG - N/A |
Sent: | January 17, 2020 12:23:43 PM |
Sent As: | ecom120@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88645463
Mark: OG
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Correspondence Address:
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Applicant: Askew, Demeatrice
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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: January 17, 2020
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).
MARK DESCRIPTION
The following description is suggested, if accurate:
The mark consists of the stylized wording “OG”, with the letters stylized to resemble machine gears, with shading throughout. Above, there is a stylized man standing on the gears. He is wearing a tie, carrying a briefcase with money overflowing through the sides, and has a stylized wrench and screwdriver in his pocket. One side of his body is depicted as featuring a suit, half of a pair of broken sunglasses, combed hair, and a shoe, while the other half is shown as wearing tattered clothing, with no sunglasses or shoe, and a toe sticking through the socks. Parts of his body on the tattered side are shown with gears and machine parts seen through holes in the skin, so that it appears he is a machine.
The wording “Clothing, namely, shirts, shorts, shoes, etc” in the identification of goods is indefinite and must be clarified because the wording “etc” makes it unclear whether applicant intends this wording to include additional, unnamed goods. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Applicant may substitute the following wording, if accurate:
Class 25: Clothing, namely, shirts, shorts, shoes.
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.
ASSISTANCE
How to respond. Click to file a response to this nonfinal Office action.
/John S. Miranda/
Trademark Examining Attorney, Law Office 120
United States Patent & Trademark Office
571-272-4553
John.Miranda@USPTO.GOV
RESPONSE GUIDANCE
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.