To: | Danxiao Information Technology, Ltd. (jwiberg@gmail.com) |
Subject: | U.S. Trademark Application Serial No. 88710762 - BLAST - HYT-TM04 |
Sent: | March 09, 2020 04:52:57 PM |
Sent As: | ecom104@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88710762
Mark: BLAST
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Correspondence Address:
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Applicant: Danxiao Information Technology, Ltd.
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Reference/Docket No. HYT-TM04
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: March 09, 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.
SUMMARY OF ISSUES
AMENDMENT TO THE IDENTIFICATION REQUIRED
The identification of goods is indefinite and must be clarified because applicant has included the term “and/or” or “or” in the identification of goods. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. This term is generally not accepted in identifications when (1) it is unclear whether applicant is using the mark, or intends to use the mark, on all the identified goods; (2) the nature of the goods and services is unclear; or (3) classification cannot be determined from such wording. See TMEP §1402.03(a). In this case, it is unclear whether applicant is using the mark, or intends to use the mark, on all the identified goods.
An application must specify, in an explicit manner, the particular goods or services on or in connection with which the applicant uses, or has a bona fide intention to use, the mark in commerce. See 15 U.S.C. §1051(a)(2), (b)(2); 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Therefore, applicant should replace “and/or” or “or” with “and” in the identification of goods or services, if appropriate, or rewrite the identification with the “and/or” or “or” deleted and the goods or services specified using definite and unambiguous language.
Applicant may adopt the following identification, if accurate:
Class 10:
Adult sexual stimulation aids, namely, vibrating artificial penises having electronics that allow the vibrating artificial penis to be controlled remotely, and vibrating artificial penises having electronics that allow the vibrating artificial penis to interact with an artificial vagina and a vibrator; Sex toys, namely, vibrating artificial penises having electronics that allow the vibrating artificial penis to interact with a computer game, virtual reality game, and virtual reality game application
Applicant may amend the identification to clarify or limit the goods, but not to broaden or expand the goods beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted goods may not later be reinserted. See TMEP §1402.07(e).
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.
RESPONSE GUIDELINES
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.
Erdman, Rachel
/Rachel Erdman/
Examining Attorney
Law Office 104
(571) 272-4717
rachel.erdman@uspto.gov
RESPONSE GUIDANCE