To: | REMKA, INC. (sunny@jrsnd.com) |
Subject: | U.S. Trademark Application Serial No. 88694909 - RYAN'S WORLD - 3155-002 US |
Sent: | December 31, 2019 02:01:52 PM |
Sent As: | ecom123@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88694909
Mark: RYAN'S WORLD
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Correspondence Address: JACOBSON, RUSSELL, SALTZ, NASSIM & DE LA 1880 CENTURY PARK EAST, SUITE 900
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Applicant: REMKA, INC.
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Reference/Docket No. 3155-002 US
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: December 31, 2019
INTRODUCTION
SEARCH OF OFFICE’S DATABASE OF MARKS
IDENTIFICATION OF GOODS AND/OR SERVICES AMENDMENT REQUIRED
Lastly, applicant is advised to delete or modify the duplicate entry in the identification of goods in International Class 5 for “Cough treatment preparations.” See generally TMEP §§1402.01, 1402.01(a). If applicant does not respond to this issue, be advised that the USPTO will remove duplicate entries from the identification prior to registration.
If modifying one of the duplicate entries, applicant may amend it to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Also, generally, any deleted goods and/or services may not later be reinserted. TMEP §1402.07(e).
Therefore, the applicant may adopt the following identification of goods and/or services, if accurate:
Class 05: Vitamins, mineral, nutritional and dietary supplements; Vitamin drops; Gummy vitamins; Dietary
supplements for immune support; Dietary supplement for promoting digestion; Probiotic and Prebiotic supplements; Nasal spray preparations; Powdered nutritional supplement drink mix; Powdered
nutritional supplement drink mix containing protein; Protein supplements; Antibacterial alcohol skin sanitizer gel; Baby diapers; Insect repellents; Air deodorizer; Infant formula; Baby food; Food
for infants; Cough syrup; Cough treatment preparations; Medicated ointments, lotions, gels and creams for the relief of cold symptoms; Medicated ointments, lotions, gels and creams for treating
dermatological conditions; Medicated diaper rash lotions, ointments and creams; Throat lozenges; Preparations for the relief of throat pain; Electrolyte replacement solutions; Allergy symptom
treatment pharmaceutical preparations; Sinus congestion treatment pharmaceutical preparations; Natural remedy preparations for the treatment of throat pain and cough for infants, children, and adults in the nature
of cough syrups; Allergy capsules; Cough treatment preparations
Applicant should note that the bolded language above is to indicate the examining attorney's suggestions, and the braces indicate where applicant must insert specific types of goods/services. The amended identification should only include the specific goods/services indicated, as inserted by applicant, it should not include the braces or instructional language. Applicant need not amend its identification other than where specified by bold font.
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.
NAME OF INDIVIDUAL INQUIRY
To register a mark that consists of or comprises the name of a particular living individual, including a first name, pseudonym, stage name, or nickname, an applicant must provide a written consent personally signed by the named individual. 15 U.S.C. §1052(c); TMEP §§813, 1206.04(a).
Accordingly, if the name in the mark does not identify a particular living individual, applicant must submit a statement to that effect (e.g., “The name shown in the mark does not identify a particular living individual.”).
However, if the name in the mark does identify a particular living individual, applicant must submit both of the following:
(1) The following statement: “The name(s) shown in the mark identifies a living individual(s) whose consent(s) to register is made of record.” If the name is a pseudonym, stage name, or nickname, applicant must provide the following statement: “<specify assumed name> identifies <specify actual name>, a living individual whose consent is of record.”
(2) A written consent, personally signed by the named individual(s), as follows: “I, <specify name>, consent to the use and registration of my name, <name>, as a trademark and/or service mark with the USPTO.” or “I, <specify name>, (parent/legal guardian) of <specify name of minor>, consent to the use and registration of the name, <specify name of minor>, as a trademark and/or service mark with the USPTO.”
For an overview of the requirements pertaining to names appearing in marks, and instructions on how to satisfy this requirement online using the Trademark Electronic Application System (TEAS) response form, please go to http://www.gov.uspto.report/trademarks/law/consent.jsp.
Failure to comply with a request for information is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814.
RESPONSE GUIDELINES
Response guidelines. For this application to proceed, applicant must explicitly address each refusal and/or 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.
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.
/Karen S. Derby/
Examining Attorney
U.S. Patent and Trademark Office
Law Office 123
Karen.Derby@uspto.gov
571.270.7070
RESPONSE GUIDANCE