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:  January 14, 2020

The request to divide application serial no. 88143958 filed on April 18, 2019 has been processed as follows:

(1)  Parent (original) application serial no. 88143958 contains the following goods and/or services in classes: 28 (Toys; games; plush toys and dolls). 41 (Providing recreational areas in the nature of children's play and interactive play areas; educational and entertainment services, namely, providing interactive children's stores; membership services, namely, providing members access to educational and play-based activities for children). 

(2)  Child application serial no. 88976569 contains the following goods and/or services in classes: 25 (Apparel, namely, shirts, pants, shorts, dresses, skirts, blouses, footwear, hats, caps, sweaters, socks, gloves, sleepwear, rompers, jumpers, pajamas, coats, jackets, belts, scarves, underclothing, leggings, swimwear, robes, for babies, toddlers and children). 35 (Retail store services featuring merchandise for babies, toddlers and children; online retail store services featuring merchandise for babies, toddlers and children; toy store services; general merchandise and snack store services). 

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

The examining attorney will be notified of the completed request to divide.  Please note that the filing of a request to divide an application is not considered a proper response to an examining attorney’s Office action and does not relieve an applicant of the duty to respond to any outstanding Office action or to take any other required action.  37 C.F.R. §2.87(e); TMEP §1110.05. 

Although applicant requested that certain goods and/or services and/or collective membership organization remain in the parent (original) application, Office policy is to divide out into a child application those goods and/or services and/or collective membership organization most ready to move forward toward registration, i.e., those goods and/or services and/or collective membership organization for which an amendment to allege use or statement of use has been filed.

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.

/Diane T. Jones/

Diane T. Jones

Paralegal Specialist

ITU/Divisional Unit

Phone:  571-272-9504

Fax:  571-273-9504

diane.jones@uspto.gov