Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

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 08, 2021

 

This application was approved for publication.  See 37 C.F.R. §2.80.  However, approval of the application has been withdrawn to address the issue(s) below.  See TMEP §706.01.  The trademark examining attorney apologizes for any inconvenience this may cause applicant.

 

THIS PARTIAL REQUIREMENT APPLIES ONLY TO THE IDENTIFICATION OF GOODS AND SERVICES SPECIFIED THEREIN

 

IDENTIFICATION OF GOODS

 

The wording "Exercise mats" and "yoga mats" appears in International Class 28 and are misclassified. The identifications should appear in International Class 027. Furthermore, exercise mats should specify “personal exercise mats”.

 

Applicant should note that any wording in bold, in italics, underlined and/or in ALL CAPS below offers guidance and/or shows the changes being proposed for the identification of goods and/or services. If there is wording in the applicant’s version of the identification of goods and/or services which should be removed, it will be shown with a line through it such as this: strikethrough. When making its amendment, applicant should enter them in standard font, not in bold, in italics, underlined and/or in ALL CAPS.

 

Applicant may adopt the following classification and identification of goods and services, if accurate:

International Class 010:  Massage apparatus, namely, massage bars, massage rollers, massage balls, foam massage rollers, foam rollers for muscle therapy, foot massage apparatus, foot massage rollers, foam foot rollers, pinpoint and multi-point massage rollers, multi-point muscle rollers, back massagers, back massage rollers, and massage apparatus used for point concentrated therapy, hot/cold therapy wraps, and chemically activated gel pack for medical purposes

International Class 027:  PHYSICAL FITNESS AND EXERCISE EQUIPMENT, NAMELY, YOGA MATS AND PERSONAL EXERCISE MATS

International Class 028:  Physical fitness and exercise equipment, namely, exercise bars, barbells, dumbbell bars, dumbbells, kettle bells, exercise free weights, wrist weights, ankle weights, leg weights, weighted balls, stretch cords for bands used for physical fitness purposes, jump ropes, exercise benches, abdominal exercise boards, chest expanders, door knob rope exercisers, hand grips, balance boards, weighted exercise balls, stability balls, medicine balls, inflatable balls, punching bags, weight lifting belts, workout and lifting gloves, ankle support straps, wrist support straps, elbow supports, knee supports, power lifting straps to provide stability during exercise, athletic wraps for supporting arms, hands, wrists and arches during exercise, hip and thigh exercise belts, abdominal wheel exercise rollers, barbell pads, rowing machines, exercise devices for toning thighs, exercise devices in the nature of twist boards, exercise devices for shaping waists, agility exercise ladders, exercise steppers, trampoline, exercise mats, yoga mats, yoga pads, yoga bricks, yoga straps, yoga wheel, yoga towels, yoga gloves, expansion cables, bands, and straps, and equipment used for palates exercise in the nature of palates toning balls; physical fitness and exercise equipment, namely, Pilates rings, hoops for gymnastics, stretch bands, resistance bands, resistance cables, resistance ropes, resistance tubes, exercise loops 

See TMEP §1402.01

Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted.  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.

PARTIAL ABANDONMENT ADVISORY

If applicant does not respond to this Office action within the six-month period for response, the following portion of the identification in International Class 028 will be deleted from the application: “exercise mats, yoga mats”.  The application will then proceed with the remainder of the identification.  See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).

 

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.

 

If applicant does not timely respond to this Office action, the following goods will be deleted from the application:  “exercise mats, yoga mats”.  See 37 C.F.R. §2.65(a); TMEP §718.02(a). 

 

In such case, the application will then proceed with the remainder of the identification.  See TMEP §718.02(a). 

 

Please call or email the assigned trademark examining attorney with questions about this Office action.  Although an examining attorney cannot provide legal advice, the examining attorney can provide additional explanation about the refusal(s) and/or requirement(s) in this Office action.  See TMEP §§705.02, 709.06. 

 

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.    

 

 

/Samir Ramesh-Patel/

Samir Ramesh-Patel

Examining Attorney

Law Office 106

(571) 272-6699

samir.ramesh-patel@uspto.gov

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on March 08, 2021 for

U.S. Trademark Application Serial No. 88724055

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

/Samir Ramesh-Patel/

Samir Ramesh-Patel

Examining Attorney

Law Office 106

(571) 272-6699

samir.ramesh-patel@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from March 08, 2021, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond

 

 

 

GENERAL GUIDANCE

·       Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·       Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·       Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”