To: | Lacoste Alligator S.A. (Weigell-Docket@fzlz.com) |
Subject: | U.S. Trademark Application Serial No. 88952869 - LACOSTE - LCA 2005891 |
Sent: | September 16, 2020 09:18:23 AM |
Sent As: | ecom108@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88952869
Mark: LACOSTE
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Correspondence Address: FROSS ZELNICK LEHRMAN & ZISSU, P.C. 151 W. 42ND STREET, 17TH FLOOR
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Applicant: Lacoste Alligator S.A.
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Reference/Docket No. LCA 2005891
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: September 16, 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.
DATABASE SEARCH
CLASSIFICATION AND IDENTIFICATION OF GOODS
In the int. class 9 identification, the wording “Anti-pollution masks for respiratory protection; protective masks; respiratory masks, other than for artificial respiration” is indefinite and overbroad. As currently worded, the goods could include goods in more than one class. For example “protective face masks for the prevention of accident or injury” are in int. class 9; whereas “sanitary masks for protection against viral infection” are in int. class 10. The applicant must therefore clarify the identifications to indicate their specific purpose.
As to the goods stated in int. class 10, the wording “Sanitary facial masks against virus, sanitary facial masks against germs, facial mask for hygienic use” must be clarified to indicate their specific purpose.
Applicant may adopt the following, if accurate: [suggestions are bolded]
Int. class 9; Anti-pollution masks for non-medical respiratory protection, dust masks; protective masks for the prevention of accident or injury; protective industrial respiratory masks, other than for artificial respiration;
Int. class 10; Sanitary facial masks for protection against virus, sanitary facial masks for protection against germs, therapeutic facial masks, sanitary facial mask for protection against viral infection.
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.
(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 fees already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least 2 classes; and, applicant submitted fees sufficient for 2 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.
ASSISTANCE
How to respond. Click to file a response to this nonfinal Office action.
/Karen K. Bush/
Trademark Examining Attorney
Law Office 108
571-272-9136
Karen.Bush@uspto.gov
RESPONSE GUIDANCE