To: | Marlins Teamco LLC (trademark@cll.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88196019 - M - N/A |
Sent: | 2/21/2019 8:36:03 PM |
Sent As: | ECOM101@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88196019
MARK: M
|
|
CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
|
APPLICANT: Marlins Teamco LLC
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
|
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: 2/21/2019
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.
SEARCH OF OFFICE RECORDS (Advisory)
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).
Applicant should note the issue(s) and requirement(s) set forth below.
IDENTIFICATION AND CLASSIFICATION
Applicant has provided the following identification and classification of goods and/ or services in its application:
The wording shown above in bolded text in the identification of goods is unacceptable as indefinite; specifically, "mini batting helmet replicas" and "fidget spinners" must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. Applicant must amend the identification to specify the common commercial or generic name of the goods. See 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.
Applicant may adopt the following identification, if accurate:
Toys and sporting goods, namely, stuffed toys; plush toys; soft sculpture foam toys; foam novelty items, namely, foam fingers; puppets; balloons; checker sets; chess sets; dominoes; board games; card games; playing cards; dice games; trivia games played with cards and game components; parlor games; dart boards and dart board accessories, namely, darts, dart shafts and dart flights; cornhole game sets; cornhole game boards; cornhole bags; toy cars; toy trucks; toy trains; toy vehicles; toy mobiles; puzzles; yo-yo's; toy banks; toy figures; dolls and doll accessories; bobbing head dolls; decorative wind socks; toy miniatures, namely, mini batting helmet replicas; toy necklaces; baseballs; holders for baseballs; autographed baseballs; miniature toy baseballs; playground balls; beach balls; golf balls; golf club head covers; golf club bags; golf putters; golf putter grips; golf tees; golf ball markers; golf divot repair tools; golf gloves; billiard accessories, namely, cues, billiard balls and cue cases; baseball bases; baseball bats; miniature baseball bats; batting gloves; pet toys; inflatable toys; snow sleds for recreational use; snow globes; costume masks; Christmas tree ornaments and decorations; Christmas tree skirts; Christmas stockings; flying disks; fidget spinner toys; action figures; balls for games; gaming equipment, namely, poker chips; game tables; bowling balls; bowling pins; bowling bags; fishing rods and reels; and lottery tickets (INT. CLASS 28)
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.
CLOSING
To expedite prosecution of this application, if the amendment in the identification is acceptable to applicant, then applicant is encouraged to telephone or e-mail the undersigned attorney to resolve the outstanding issues by examiner’s amendment, instead of submitting a written response. Although the USPTO will not accept an email as a response to an Office action, an applicant can communicate by phone or email to agree to a proposed amendment to the application that will immediately place the application in condition for publication, registration, or suspension. See 37 C.F.R. §2.62(c); TMEP §707.
For assistance addressing the legal issues raised in this action, please contact the undersigned trademark examining attorney at the telephone number below. For all other matters, including filing questions, status inquiries and general questions, please contact the Trademark Assistance Center at (800) 786-9199. Although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
/Benji Paradewelai/
Trademark Attorney
Law Office 101
U.S. Patent & Trademark Office
Tel: (571) 272-1658
Email: benji.paradewelai@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.