To: | Royal Brush Manufacturing, Inc. (trademarks@bfkn.com) |
Subject: | U.S. Trademark Application Serial No. 88907729 - NEPTUNE - RBMI-0118 |
Sent: | June 15, 2020 07:15:11 AM |
Sent As: | ecom123@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88907729
Mark: NEPTUNE
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Correspondence Address: BARACK FERRAZZANO KIRSCHBAUM & NAGELBERG 200 WEST MADISON STREET, SUITE 3900
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Applicant: Royal Brush Manufacturing, Inc.
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Reference/Docket No. RBMI-0118
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: June 15, 2020
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH OF USPTO DATABASE OF MARKS
Prior-Filed Applications
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 marks in the referenced applications. 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.
Amendments to the Identification of Goods Required
The wordings “body sponges; loofah sponges; natural sea sponges” in the identification of goods is indefinite and must be clarified to specify the common commercial or generic name of the goods, such as bath products. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. If the goods have no common commercial or generic name, applicant must describe the product, its main purpose, and its intended uses. See id. Similarly, the identification for sponges must clearly indicate the purpose of the sponges as bath sponges. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. See the bold text below for acceptable options for revisions of the identification.
For assistance with identifying and classifying goods in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
Applicant may substitute the following wording, if accurate:
beauty supplies, namely, facial cleansing sponges, microdermabrasion sponges for cosmetic use, and facial sponges for applying make-up; bath sponges; bath products, namely, body sponges, loofah sponges and natural sea sponges
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.
/Rebecca T. Caysido/
Trademark Examining Attorney
Law Office 123
571-270-0926
Rebecca.Caysido@uspto.gov
RESPONSE GUIDANCE