To: | JMB1 Enterprises, LLC (april.besl@dinsmore.com) |
Subject: | U.S. Trademark Application Serial No. 88112116 - JB - 94894- |
Sent: | November 15, 2019 05:56:53 AM |
Sent As: | ecom104@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88112116
Mark: JB
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Correspondence Address:
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Applicant: JMB1 Enterprises, LLC
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Reference/Docket No. 94894-
Correspondence Email Address: |
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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) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
Issue date: November 15, 2019
On June 7, 2019, action on this application was suspended pending the disposition of U.S. Application Serial No. 88078163. The referenced pending application has abandoned and is no longer a potential bar to the registration of applicant’s mark.
As previously noted, applicant’s identification and classification of goods and services is only partially acceptable. For the reasons set forth below, the requirement for a clarification of the identification of the specified goods and services is now made FINAL.
The wording “polos” in the identification of goods is indefinite and must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must specify the common commercial name of the goods.
The wording “Production companies, namely, production and provision of instructional and promotional videos” in the identification of services must be clarified because it is too broad and could include services in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. In particular, the production of advertising materials belongs in Class 35 while the production of instructional videos belongs in Class 41.
The following is an amended version of applicant’s identification of goods and/or services that complies with the above-mentioned clarification requirements, with additions and alterations in bold type.
Applicant may adopt the following identification of goods and/or services, if accurate:
CLASS 16: Paper and Printed Material Products, namely, brochures about basketball camps, informational flyers about basketball camps, posters, and stationary, namely, letterhead and envelopes
CLASS 25: Clothing and apparel products, namely, t-shirts, shirts, polo shirts, shorts, sweatpants, and hats
CLASS 28: Toys and sporting goods products, namely, sports balls and elastic wristbands
CLASS 35: Production services, namely, production of promotional and advertising materials
CLASS 41: Basketball camps; Production services, namely, production of instructional videos
ID Manual Online
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.
ADVISORY: MULTIPLE-CLASS APPLICATION
(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 fee(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least 5 classes; however, applicant submitted a fee(s) sufficient for only 4 class(es). 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 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
See 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.
CONTACT 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.
How to respond. Click to file a response to this final Office action and/or appeal it to the Trademark Trial and Appeal Board (TTAB)
/Christine Martin/
Examining Attorney
Law Office 104
571-272-1630
christine.martin@uspto.gov
RESPONSE GUIDANCE