To: | Richard Smith (Stephen@stephensternlawfirm.com) |
Subject: | U.S. Trademark Application Serial No. 88667416 - FLUID TACTICAL - N/A |
Sent: | April 01, 2020 03:35:38 PM |
Sent As: | ecom113@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88667416
Mark: FLUID TACTICAL
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Correspondence Address: LAW OFFICE OF STEPHEN M. STERN, PC
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Applicant: Richard Smith
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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: April 01, 2020
This Office Action responds to applicant’s communication dated 03/05/2020 where applicant:
(1) Provided an amended identification of goods;
(2) Provided a disclaimer statement and negative translation statement;
(3) Provided an additional specimen for Class 005;
(4) Provided a claim of prior registration;
(5) Provided a claim of acquired distinctiveness in part based on an active prior registration; and
(6) Paid the additional required fee.
The examining attorney has reviewed the applicant’s response and determined the following:
(1) Applicant’s amended identification of goods is accepted. Therefore, the Identification and classification of goods requirement and Clarification of the Number of Classes for Which Registration is Sought Requirement are satisfied.
(2) Applicant’s provided disclaimer statement and translation statement are not required. Therefore, applicant has the option to request removal of the disclaimer statement and the translation statement will not be printed as explained below.
(3) Applicant’s additional specimens in IC 005 are not necessary because the previously submitted specimen was acceptable for this class. However, applicant has not provided a specimen for the goods in class 032 as noted in the Multiple Class Application Advisory. Therefore, the new specimen requirement for Class 032 must issue below.
(4) Applicant’s claimed prior registration is accepted. Therefore, the inaccurately claimed prior registration requirement is satisfied.
(5) Applicant’s claim of acquired distinctiveness is accepted. Therefore, the Disclaimer Statement Requirement is satisfied.
(6) Applicant’s additional fee is accepted. Therefore, the Additional Fee Requirement is satisfied.
SUMMARY OF ISSUES:
NEW SPECIMEN REQUIRED – NO SPECIMEN FOR IC 032
Examples of specimens. Specimens for goods include a photograph of (1) the actual goods bearing the mark; (2) an actual container, packaging, tag or label for the goods bearing the mark; or (3) a point-of-sale display showing the mark directly associated with the goods. See 37 C.F.R. §2.56(b)(1), (c); TMEP §904.03(a)-(m). A webpage specimen submitted as a display associated with the goods must show the mark in association with a picture or textual description of the goods and include information necessary for ordering the goods. TMEP §904.03(i); see 37 C.F.R. §2.56(b)(1), (c).
Any webpage printout or screenshot submitted as a specimen, whether for goods or services, must include the webpage’s URL and the date it was accessed or printed. 37 C.F.R. §2.56(c).
Response options. Applicant may respond to this refusal by satisfying one of the following for each applicable international class:
(1) Submit a verified specimen that (a) was in actual use in commerce at least as early as the filing date of the application and (b) shows the mark in actual use in commerce for the goods identified in the application. A “verified specimen” is a specimen that is accompanied by the following statement made in a signed affidavit or supported by a declaration under 37 C.F.R. §2.20: “The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application.” The specimen cannot be accepted without this statement.
(2) Amend the filing basis to intent to use under Section 1(b) (which includes withdrawing an amendment to allege use, if one was filed), as no specimen is required before publication. This option will later necessitate additional fee(s) and filing requirements, including a specimen.
For an overview of the response options referenced above and instructions on how to satisfy these options using the online Trademark Electronic Application System (TEAS) form, see the Specimen webpage.
UNNECESSARY DISCLAIMER STATEMENT
Therefore, applicant may request to withdraw this disclaimer from the application. If applicant does not expressly request its withdrawal, the disclaimer will remain in the application and will be printed on the registration certificate.
TRANSLATION STATEMENT WILL NOT BE PRINTED
RESPONSE GUIDELINES & PARTIAL ABANDONMENT ADVISORY
For this application to proceed, applicant must explicitly address each requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
If applicant does not timely respond to this Office action, the following class will be deleted from the application: 032. See 37 C.F.R. §2.65(a); TMEP §718.02(a).
In such case, the application will then proceed with the following class only: 005. See TMEP §718.02(a).
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a response to this nonfinal Office action.
/Rebecca D. Coughlan/
Trademark Examining Attorney
Law Office 113
Phone: 571-272-4975
Email: rebecca.coughlan@uspto.gov
RESPONSE GUIDANCE