To: | Legends Brands and Products LLC (docketing@ganzlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88871393 - LEGENDS - LBP3003 |
Sent: | July 07, 2020 10:07:29 AM |
Sent As: | ecom110@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88871393
Mark: LEGENDS
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Correspondence Address:
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Applicant: Legends Brands and Products LLC
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Reference/Docket No. LBP3003
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: July 07, 2020
SEARCH OF USPTO DATABASE OF MARKS
The wording “powder packets, derma patches, sublingual/buccal strips; dissolvable, editable and water soluble press tablets; gel capsules; oral inhalers; meal replacements, namely, specify meal replacement bars and shakes; protein and energy bars; dietetic food and beverages; chewable and gel forms, namely, gum; medicated lotions and medical topical ointments” in the identification of goods in class 5 is indefinite and must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Applicant may adopt the following identification, if accurate:
“Dietary supplements; vitamin supplements in the form of powder packets, derma patches, and sublingual/buccal strips; vitamin supplements in the form of dissolvable, editable and water soluble press tablets; nutritional supplements in the form of gel capsules; oral inhalers filled with _________ [INDICATE specific pharmaceutical preparations]; meal replacements, namely, meal replacement bars and shakes adapted for medical purposes; nutritional supplement protein and energy bars; dietetic food and beverages adapted for medical use; chewable and gel forms, namely, medicated chewing gum; medicated lotions for _______ [INDICATE specific type, e.g., skin, hair] and medicated topical ointments, namely, ________ [SPECIFY types, e.g., antibiotic ointments, sunburn ointments]” in International Class 5
“Topical balms, namely, ________ [SPECIFY types, e.g., if non-medicated lip balms, then in class 3; if balms for medical purposes, then in class 5]”
“Bath salts, namely, _______ [SPECIFY types, e.g., if cosmetic bath salts, then in class 3; if medicated bath salts, then in class 5]”
“Bath soaks, namely, _______ [SPECIFY types, e.g., if non-medicated body soaks, then in class 3; if muscle soaks, then in class 5]”
“Vaporizers for medical purposes” in International Class 10
“Food and beverage additives, namely, _______ [SPECIFY types, e.g., if lecithin for medical purposes or glucose for use as an additive to foods for medical purposes, then in class 5; if glucose for culinary purposes, then in class 30]”
The goods in class 25 and 32 are acceptable as written.
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
(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 four classes; however, applicant submitted a fee(s) sufficient for only three classes. 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.
THIS PARTIAL REFUSAL APPLIES ONLY TO THE GOODS SPECIFIED THEREIN
How to respond. Click to file a response to this nonfinal Office action.
/Khouri, Sani/
Trademark Examining Attorney
Law Office 110
United States Patent and Trademark Office
(571) 272-5884
sani.khouri@uspto.gov
RESPONSE GUIDANCE