To: | Curiouser Products, Inc. (carissa@carissaweiss.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88301951 - MIRROR - N/A |
Sent: | 5/2/2019 5:41:34 PM |
Sent As: | ECOM102@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88301951
MARK: MIRROR
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Curiouser Products, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW. A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
ISSUE/MAILING DATE: 5/2/2019
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 the Office Records
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
PARTIAL SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE
Specifically, applicant seeks registration of “MIRROR” for “Glass cleaners; glass cleaning and care kits comprised of cleaning fluid, a cleaning cloth, and a camera lens cap” in Class 003 and “A full-length flat panel display screen that enables the user to watch himself or herself and video content simultaneously on a single display” in Class 009.
The term “MIRROR” is defined as “A reflective surface, now typically of glass coated with a metal amalgam, that reflects a clear image.” See the attached definition.
The specimens of record indicates the applicant is offering glass cleaners for mirrored surfaces in class 003, and a full length display panel that incorporates a mirrored surface that allows users to see themselves in class 009.
Therefore, the proposed mark merely describes uses or features of the applicant’s “Glass cleaners; glass cleaning and care kits comprised of cleaning fluid, a cleaning cloth, and a camera lens cap” in Class 003 and “A full-length flat panel display screen that enables the user to watch himself or herself and video content simultaneously on a single display” in Class 009 as limited herein, and registration on the Principal Register must be refused under Trademark Act Section 2(e) (1).
Although registration on the Supplemental Register does not afford all the benefits of registration on the Principal Register, it does provide the following advantages to the registrant:
(1) Use of the registration symbol ® with the registered mark in connection with the designated goods and/or services, which provides public notice of the registration and potentially deters third parties from using confusingly similar marks.
(2) Inclusion of the registered mark in the USPTO’s database of registered and pending marks, which will (a) make it easier for third parties to find it in trademark search reports, (b) provide public notice of the registration, and thus (c) potentially deter third parties from using confusingly similar marks.
(3) Use of the registration by a USPTO trademark examining attorney as a bar to registering confusingly similar marks in applications filed by third parties.
(4) Use of the registration as a basis to bring suit for trademark infringement in federal court, which, although more costly than state court, means judges with more trademark experience, often faster adjudications, and the opportunity to seek an injunction, actual damages, and attorneys’ fees and costs.
(5) Use of the registration as a filing basis for a trademark application for registration in certain foreign countries, in accordance with international treaties.
See 15 U.S.C. §§1052(d), 1091, 1094; J. Thomas McCarthy, McCarthy on Trademarks & Unfair Competition §§19:33, 19:37 (rev. 4th ed. Supp. 2017).
ADVISORY: Division of Application
To divide an application, file a request to divide online using the Trademark Electronic Application System (TEAS) form and include a fee of $100 for each new application created. See 37 C.F.R. §§2.6(a)(19)(ii), 2.87(b); TMEP §1110.04. If dividing out some, but not all, of the goods or services within a class, an additional application filing fee will be required for each new separate application created by the division. 37 C.F.R. §§2.6(a)(1)(i)-(iii), 2.87(b); TMEP §1110.02.
A full-length flat panel display screen that enables the user to watch himself or herself and video content simultaneously on a single display; Downloadable computer software, namely, a mobile phone application used in connection with a full-length flat panel display screen that enables the user to watch himself or herself and video content simultaneously on a single display; Digital media, namely, downloadable audio and audiovisual recordings, all in the field of exercise, fitness, wellness and personal development; downloadable software in the nature of an application for use by individuals participating in exercise classes, physical training, and exercise instruction for detecting, storing and reporting daily human energy expenditure and physical activity level, for developing and monitoring personal activity and exercise plans, training goals and giving feedback on the achieved results
Partial Abandonment and Applicant’s Response
For this application to proceed toward registration, applicant must explicitly address each refusal and/or requirement raised in this Office action. If the action includes a refusal, applicant may provide arguments and/or evidence as to why the refusal should be withdrawn and the mark should register. Applicant may also have other options for responding to a refusal and should consider such options carefully. To respond to requirements and certain refusal response options, applicant should set forth in writing the required changes or statements.
If applicant does not respond to this Office action within six months of the issue/mailing date, the following goods/services will be deleted from the application:
International Class 003: Glass cleaners; glass cleaning and care kits comprised of cleaning fluid, a cleaning cloth, and a camera lens cap
International Class 009: A full-length flat panel display screen that enables the user to watch himself or herself and video content simultaneously on a single display
See 37 C.F.R. §2.65(a); TMEP §718.02(a).
The application will then proceed with the following goods/services only:
International Class 009: Downloadable computer software, namely, a mobile phone application used in connection with a full-length flat panel display screen that enables the user to watch himself or herself and video content simultaneously on a single display; Digital media, namely, downloadable audio and audiovisual recordings, all in the field of exercise, fitness, wellness and personal development; downloadable software in the nature of an application for use by individuals participating in exercise classes, physical training, and exercise instruction for detecting, storing and reporting daily human energy expenditure and physical activity level, for developing and monitoring personal activity and exercise plans, training goals and giving feedback on the achieved results
International Class 010: Heart rate monitors
International Class 028: Stretch bands used for yoga and physical fitness purposes; kits comprised of physical fitness bands and a heart rate monitor, sold as a unit
International Class 038: Streaming of audio and video materials on the Internet featuring physical fitness classes, training, and instruction
International Class 041: Providing classes, workshops and seminars in the fields of fitness and exercise, all accessible through a global computer network and mobile devices; physical fitness instruction and consultation accessible through a global computer network and mobile devices; physical fitness conditioning classes accessible through a global computer network and mobile devices; physical fitness training services accessible through a global computer network and mobile devices; providing information on exercise and physical fitness accessible through a global computer network and mobile devices
See TMEP §718.02(a).
In such case, applicant’s only option would be to file a timely petition to revive the abandoned goods/services, which, if granted, would allow for the reinsertion of these goods/services into the application. See 37 C.F.R. §2.66; TMEP §§718.02(a), 1714. There is a $100 fee for such petitions. See 37 C.F.R. §§2.6, 2.66(b)(1).
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.
/Anthony Rinker/
Examinng Attorney
Law Office 102
U.S. Trademark Office
Ph. 571-272-5491
anthony.rinker@uspto.gov
TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.