To: | TrueChoicePack Corp. (ksmith@whe-law.com) |
Subject: | U.S. Trademark Application Serial No. 88825439 - PROGRESS - TCP-07-128 |
Sent: | April 02, 2020 02:39:46 PM |
Sent As: | ecom125@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88825439
Mark: PROGRESS
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Correspondence Address: |
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Applicant: TrueChoicePack Corp.
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Reference/Docket No. TCP-07-128
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 02, 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.
The filing date of pending U.S. Application Serial No. 88390832 precedes applicant’s filing date. See attached referenced application. If the mark in the referenced application registers, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion between the two marks. See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq. Therefore, upon receipt of applicant’s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced application.
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
CLASSIFICATION AND IDENTIFICATION OF GOODS
Additionally, applicant has provided the application fee(s) for only 4 international class(es). Thus, not all international classes in the application are covered by the application fee(s). Because of this disparity, applicant must clarify the number of classes for which registration is sought. See 37 C.F.R. §§2.32(d), 2.86.
Applicant may respond by (1) adding one or more international class(es) to the application, and reclassifying the above goods and/or services accordingly; or (2) deleting from the application the goods and/or services for all but the number of international class(es) for which the application fee was submitted. See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq. If applicant adds one or more international classes to the application, applicant must comply with the multiple-class application requirements specified in this Office action.
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 “or” with “and” in the identification of goods, if appropriate, or rewrite the identification with the “or” deleted and the goods specified using definite and unambiguous language.
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. If there is wording in the applicant’s version of the identification of goods which should be removed, it will be shown with a line though it such as this:
strikethrough. When making the amendments, applicant should enter them in standard font, not in bold, in italics, underlined, and/or in ALL CAPS.
The following substitute wording is suggested, if accurate:
Class 003: Disposable wipes impregnated with cleaning chemicals or compounds for {indicate either personal hygiene or household use}
Class 006: No amendment needed.
Class 008: No amendment needed.
Class 016: Plastic wrap; Plastic films for wrapping; Food wrapping plastic film; Wax paper; Trash can liners; Paper napkins; Disposable napkins; Disposable
wipes containing cleaning chemicals or compositions; Paper containers; Household containers for food; Boxes, containers, pans, or and closeable clamshell containers made of
paper or cardboard; Plastic food storage bags for household use; Parchment paper
Class 021: Disposable aluminum foil containers for household purposes; Disposable table plates; Disposable paperboard bakeware; Disposable containers for household use; Plastic storage containers for household use; Containers for household use; Drinking straws; Beverage stirrers; Cups; Re-usable or disposable cups for hot or cold beverages; Plates; Disposable table plates; Paper plates; Plastic plates; Serving platters; Bowls; household containers for food; pans made of paper or cardboard
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.
MULTIPLE-CLASS APPLICATION REQUIREMENTS
The application identifies goods in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):
(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 that are classified in at least 5 classes; however, applicant submitted a fee(s) sufficient for only 4 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 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c).
For 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, see the Multiple-class Application webpage.
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.
/Bridget A. McCarthy/
Bridget A. McCarthy, Esq.
Trademark Examining Attorney
Law Office 125
571-272-3223
bridget.mccarthy@uspto.gov
RESPONSE GUIDANCE