To: | Reynolds Presto Products Inc. (nytmdpt@bakerbotts.com) |
Subject: | U.S. Trademark Application Serial No. 88648775 - PRESTO - N/A |
Sent: | January 21, 2020 08:18:10 PM |
Sent As: | ecom112@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88648775
Mark: PRESTO
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Correspondence Address: 30 ROCKEFELLER PLAZA, 44TH FLOOR
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Applicant: Reynolds Presto Products Inc.
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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 21, 2020
Search of the Office Records
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).
Clarification of Identification of Goods Required
The applicant must also provide more information about the goods identified as “plastic covers for protecting tree trunks” so that the exact nature and type of goods is clear. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Similarly, the applicant must also provide more information about the type and use of the goods “road base and ground support plastic webbing sheets,” “plastic road base and ground support blocks,” and “plastic parking lot car stops” so that the type and use of the goods is clear. Id.
The wording “plastic pipe for drainage purposes” is misclassified as “non-metallic drainage pipes” are classified in International Class 19. Applicant must adopt the appropriate international classification number for the goods identified in the application. The USPTO follows the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification), established by the World Intellectual Property Organization, to classify goods and services. See 37 C.F.R. §2.85(a); TMEP §§1401.02, 1401.02(a).
The trademark examining attorney notes that the identification submitted in this application is identical to identifications found in older registrations of the applicant. Descriptions of goods and/or services found acceptable in earlier-filed applications and registrations do not always remain acceptable when adopted in later-filed applications. See TMEP §§702.03(a)(iv), 1402.14. Identifications of goods and/or services are examined in accordance with the Trademark Rules of Practice and the USPTO’s policies and procedures in effect on the date an application is filed (although an applicant may voluntarily choose to follow policies and procedures adopted after the application was filed). See 37 C.F.R. §2.85(e)(1)-(e)(2); TMEP §§1401.09, 1402.14.
The USPTO’s rules and policies with respect to identifications of goods and/or services are updated periodically to reflect changes in the marketplace and technology as well as changes to the international classification system. See TMEP §1402.14. For guidance on drafting acceptable identifications of goods and/or services, use the USPTO’s online U.S. Acceptable Identification of Goods and Services Manual (ID Manual), which is continually updated in accordance with prevailing rules and policies. See TMEP §1402.04.
The following suggested identification contains further guidance in bold and/or brackets. Applicant may adopt any or all of the suggestions so long as they are accurate. If applicant does not adopt a suggestion, then applicant must amend the identification so that it is as specific as the suggestions and language found in the Manual of Acceptable Identifications of Goods and Services.
International Class 16—Plastic film for use as wrapping and packaging material for general industrial use {plastic films for packaging and wrapping are classified in International Class 16}
International Class 17— Plastic film for industrial packing uses {specify use consistent with International Class 17 or specify and reclassify accordingly}; plastic sheeting and films for agricultural purposes, namely, plastic covers for protecting tree trunks {clarify the nature or use of the goods consistent with International Class 17}; plastic sheeting used in construction as a vapor barrier, namely, road base and ground support plastic webbing sheets {clarify the nature or use of the goods consistent with International Class 17}
International Class 19— Construction elements not made of metal, namely, plastic road base and ground support blocks; plastic lawn edging; non-metal parking curbs, namely, plastic parking lot car stops; non-metallic drainage pipes, namely, plastic pipe for drainage purposes {reclassified from International Class 17}
International Class 20—Tree support anchoring stakes and plastic compost bins
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.
(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 are classified in at least 4 classes; however, applicant submitted a fee(s) sufficient for only 3 class(es). 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.
/Marilyn Izzi Vengroff/
Trademark Examining Attorney
Law Office 112
(571) 270-1523 (phone)
(571) 270-2523 (fax)
marilyn.vengroff@uspto.gov
RESPONSE GUIDANCE