To: | Pax Labs, Inc. (PAXdocketing@kelly-ip.com) |
Subject: | U.S. Trademark Application Serial No. 88865314 - X - 310.0121 |
Sent: | April 29, 2020 02:48:02 PM |
Sent As: | ecom114@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. 88865314
Mark: X
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Correspondence Address: 1300 19TH STREET, NW, SUITE 300
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Applicant: Pax Labs, Inc.
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Reference/Docket No. 310.0121
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 29, 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.
Search of Office’s Database of Marks
Prior-Filed 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.
Amended Identification of Goods and Services Required
International Class 014
International Class 016
The wording “printed materials” in the identification of goods is indefinite and must be clarified because applicant must specify particular materials, and the subject matter, if applicable. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
International Class 018
Applicant must clarify the wording “bags” in the identification of goods because it is indefinite and too broad. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. This wording is indefinite because it does not make clear what the goods are. Further, this wording could identify goods and/or services in more than one international class, as provided below.
International Class 021
Applicant must clarify the wording “grinders” in the identification of goods because it is indefinite and too broad. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. This wording is indefinite because applicant must specify whether the goods are hand-operated or power-operated. Further, this wording could identify goods and/or services in more than one international class, as provided below.
International Class 022
Applicant must clarify the wording “lanyards” in the identification of goods because it is indefinite and too broad. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. This wording is indefinite because it does not make clear what the goods are. Further, this wording could identify goods and/or services in more than one international class, as provided below.
International Class 034
International Class 042
Applicant may adopt the following identification, if accurate (bold indicates modified language):
International Class 007: Power-operated tools, namely, grinders;
International Class 009: Lanyards for safety purposes for fall protection;
International Class 014: Pins being jewelry;
International Class 016: Stickers; printed materials, namely, _____ {specify materials, e.g., books, magazines, etc.} in the field of _____ {specify subject matter, e.g., electronic cigarettes, music, etc.};
International Class 018: _____ {specify IC 018 bags, e.g., travel, messenger, etc.} bags; carrying cases;
International Class 019: Sand bags;
International Class 021: Hand-operated grinders;
International Class 022: Lanyards for holding _____ {specify, e.g., badges, keys, etc.}
International Class 026: Sewing pins;
International Class 034: Cases for oral vaporizers; decorative skins being plastic films special adapted for covering oral vaporizers and electronic cigarettes; stands specially adapted for oral vaporizers;
International Class 041: Providing a website featuring information in the field of education;
International Class 042: Providing online, non-downloadable software for _____ {specify function, e.g., word processing, etc.}; providing a website featuring information in the field of _____ {specify IC 042 field, e.g., software, clinical research, etc.}.
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.
Multi-Class Advisory
(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 and/or services that are classified in at least 12 classes; however, applicant submitted a fee(s) sufficient for only 7 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
If applicant has questions regarding this Office action, applicant may call or email the assigned trademark examining attorney. Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the refusal(s) and/or requirement(s) in this Office action. See TMEP §§705.02, 709.06. Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be 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.
John Sullivan
/John Sullivan/
Examining Attorney
Law Office 114
(571) 272-9519
john.sullivan@uspto.gov
RESPONSE GUIDANCE