To: | FMTM Distribution Ltd (trademarks.us@dentons.com) |
Subject: | U.S. Trademark Application Serial No. 88646626 - CRAZY HOURS - 15802174CRAZ |
Sent: | January 16, 2020 12:16:34 PM |
Sent As: | ecom106@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88646626
Mark: CRAZY HOURS
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Correspondence Address:
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Applicant: FMTM Distribution Ltd
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Reference/Docket No. 15802174CRAZ
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 16, 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. This Office Action supersedes the Office Action dated 1/13/20.
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).
Identification Exceeds Scope of Foreign Registration
In this case, the U.S. application identifies the particular goods and/or services as follows: “horological instruments.”
However, the foreign registration identifies the following goods and/or services: “horological instruments, namely, watches, wrist-watches.”
These goods and/or services in the U.S. application exceed the scope of the goods and/or services in the foreign registration because the type of instrument has not been specified. Thus, these goods and/or services in the U.S. application are not acceptable and may not be amended to correspond with the goods and/or services in the foreign registration.
Applicant may respond to this issue by satisfying one of the following:
(1) Amending the identification of goods and/or services in the U.S. application to correspond to the goods and/or services in the foreign registration, if possible, to ensure that all goods and/or services beyond the scope of the foreign registration are deleted from the U.S. application; or
(2) Substituting a basis under Section 1(a) or 1(b) for those goods and/or services in the U.S. application that are beyond the scope of the foreign registration. An applicant may assert more than one basis in an application (except Section 1(a) and 1(b) may not be asserted for the same goods and/or services), provided all requirements are satisfied for each claimed basis.
See 15 U.S.C. §§1051(a)-(b), 1126; 37 C.F.R. §§2.32(a)(6), 2.34(b), 2.35(b); Marmark Ltd. v. Nutrexpa S.A., 12 USPQ2d 1843, 1845 (TTAB 1989); TMEP §§806.02, 806.03(h), 1402.01(b).
Additionally, applicant may respond by arguing that these goods and/or services are within the scope of the foreign registration and should remain in the U.S. application.
Identification Indefinite
The wording “bijouterie; cases for transportation of watches and jewelry” in the identification of goods is indefinite and must be clarified because it is unclear, and it could include goods in multiple classes. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant may substitute the following wording, if accurate:
Class 14 –
Precious metals; precious metal alloys; horological instruments; chronometers, watches, wristwatches, chronographs for use as timepieces, and stop watches; component parts and accessories for timepieces, namely, straps for horological instruments, watchstrap buckles, watch crowns, watch cases, movements for clocks and watches, watch springs, dials for timepieces, hands for timepieces, watch glasses for timepieces; caskets and cases for timepieces; boxes and presentation cases for timepieces; precious stones and semi-precious stones; diamonds; cameos; jewelry; bijouterie being jewelry; caskets and cases for jewelry; boxes and presentation cases for jewelry and bijouterie; jewelry cases in precious metal; jewelry boxes in precious metal; tie pins; cufflinks; key fobs in precious metal;
Class 18 –
Cases for transportation of watches and jewelry, namely, small suitcases;
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-Class Application Requirements
Therefore, applicant must either (1) restrict the application to the number of classes covered by the fees already paid, or (2) submit the fees for each additional class.
The fee for adding classes to a TEAS Reduced Fee (RF) application is $275 per class. See 37 C.F.R. §§2.6(a)(1)(iii), 2.23(a). See more information regarding the requirements for maintaining the lower TEAS RF fee and, if these requirements are not satisfied, for adding classes at a higher fee using regular TEAS.
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.
/Tejbir Singh/
Trademark Attorney
Law Office 106
571-272-5878
571-273-9106 (fax)
Tejbir.Singh@uspto.gov
RESPONSE GUIDANCE