Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

NOTICE THAT PROCESSING OF

REQUEST TO DIVIDE APPLICATION IS COMPLETED

No Response Required

Issue date:  December 23, 2019

The request to divide application serial no. 88/123730 filed on November 25, 2019, has been processed as follows:

(1)  Parent (original) application serial no. 88/123730 contains the following goods and/or services, (Eyeglass frames; eyeglasses; accessories for mobile phones, tablet computers, personal digital assistants, and portable media players, namely, covers, ear buds, neck straps and neck cords to restrain items from movement on wearers in class 9); (Charms for jewelry and key rings; clocks; jewelry boxes and cases; key chains; watches; presentation boxes for watches in class 14);  (Backpacks; clutches; cosmetic cases and bags sold empty; handbags; luggage; tote bags; wallets; key cases; umbrellas in class 18);  (Parkas, shorts, overalls, undergarments, socks, sleepwear, belts for clothing, and swimwear in class 25); (Retail store services featuring perfumery, clothing, footwear and headgear, textile goods, leather and imitation leather goods, bags, eyeglass frames, eyeglasses, sunglasses, jewelry, watches and clocks; on-line retail store services featuring perfumery, textile goods, leather and imitation leather goods, eyeglass frames, eyeglasses, watches and clocks; promotional sponsorship of charity events, concerts, sporting events and art exhibitions; fashion show exhibitions for commercial purposes in class 35 and class:  24.  To avoid abandonment, applicant must continue to file requests for extension of time to file a statement of use (extension requests) or a statement of use within the six-month period after the issuance of the notice of allowance or before expiration of a previously granted extension period.  37 C.F.R. §§2.88(a), 2.89(a)-(b).

(2)  Child application serial no. 88/976472 contains the following goods and/or services, (Sunglasses and protective cases in class 9); (Jewelry in class 14); (Purses in class 18);  (Clothing, namely, tops, shirts, tee-shirts, coats, jackets, bottoms, pants, skirts, suits, dresses, hosiery, headwear, scarves, shawls, gloves, footwear in class 25); (On-line retail store services featuring clothing, footwear and headgear, bags, sunglasses, jewelry) class:  35.  A statement of use filed on November 25, 2019, meets the minimum filing requirements and has been placed in the child application.  The statement of use will be routed to the examining attorney for examination and, if it does not meet all the statutory requirements, the examining attorney will notify the applicant.

37 C.F.R. §2.87; see TMEP §§1110 et seq. 

The USPTO proposes to change federal trademark rules to require applicants and registrants to (1) file submissions concerning applications and registrations online using the USPTO’s Trademark Electronic Application System (TEAS) and (2) provide and maintain an accurate email address for receiving correspondence from the USPTO.  See the Mandatory Electronic Filing Rules webpage for more information.

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.  

Direct questions about this notice to the assigned Intent-to-use staff member below.

/Sly Douglas, Sly

Sly Douglas

Paralegal Specialist

ITU/Div Unit

Phone:  571-272-9497

Email:  sly.douglas@uspto.gov