To: | Munchkin, Inc. (lgenovese@kassgen.com) |
Subject: | U.S. Trademark Application Serial No. 90028728 - CURIO - MKIN.1208 |
Sent: | August 31, 2020 11:00:15 AM |
Sent As: | ecom113@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90028728
Mark: CURIO
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Correspondence Address:
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Applicant: Munchkin, Inc.
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Reference/Docket No. MKIN.1208
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned as to…
“sanitizing apparatus using ultraviolet light for sanitizing items not for medical purposes”
Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: August 31, 2020
The referenced application has been reviewed by the assigned trademark examining attorney. The 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 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).
• Identification of goods/services.
An application’s identification of goods/services must be specific, definite, clear, accurate and concise. See In re Societe Generale des Eaux Minerales de Vittel S.A., 1 USPQ2d 1296 (TTAB 1986), rev'd on other grounds, 824 F.2d 957, 3 USPQ2d 1450 (Fed. Cir. 1987); Procter & Gamble Co. v. Economics Laboratory, Inc., 175 USPQ 505 (TTAB 1972), modified without opinion, 498 F.2d 1406, 181 USPQ 722 (C.C.P.A. 1974); In re Cardinal Laboratories, Inc., 149 USPQ 709 (TTAB 1966); California Spray-Chemical Corp. v. Osmose Wood Preserving Co. of America, Inc., 102 USPQ 321 (Comm'r Pats. 1954); Ex parte A.C. Gilbert Co., 99 USPQ 344 (Comm'r Pats. 1953); TMEP §1402.01.
In the instant case, the identification of goods is unacceptable as containing indefinite wording. Specifically, this Office’s ID Manual reads (emphasis supplied)…
Sanitizing apparatus using ultraviolet light for sanitizing {specify items, e.g., linens, surfaces of objects, etc.} not for medical purposes
…so, against this backdrop, the applicant’s “Sanitizing apparatus using ultraviolet light for sanitizing items not for medical purposes” does not provide the requisite specificity.
Accordingly, the applicant must clarify along the lines indicated below. The applicant may adopt the following identification (to the extent accurate):
Class 11—Sanitizing apparatus using ultraviolet light for sanitizing items, namely [specify, e.g., linens or surfaces of objects], not for medical purposes; Air purifiers; Air purifying apparatus; Electric air sanitizing unit
Class 21—Cleaning sponges; Diaper pails; Dishwashing brushes
An applicant may amend an identification of goods and services only to clarify or limit the goods and services; adding to or broadening the scope of the goods and/or services is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07 et seq.
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 at http://tmidm.uspto.gov. See TMEP §1402.04.
(1) Deleting the goods and/or services to which the refusal pertains;
(2) Filing a Request to Divide Application form (form #3) to divide out the goods that have not been refused registration, so that the mark may proceed toward publication for opposition for those goods to which the refusal does not pertain. See 37 C.F.R. §2.87. See generally TMEP §§1110 et seq. (regarding the requirements for filing a request to divide). If applicant files a request to divide, then to avoid abandonment, applicant must also file a timely response to all outstanding issues in this Office action, including the refusal. 37 C.F.R. §2.87(e).; or
(3) Amending the basis for the goods identified in the refusal, if appropriate. TMEP §806.03(h). (The basis cannot be changed for applications filed under Trademark Act Section 66(a). TMEP §1904.01(a).)
How to respond. Click to file a response to this nonfinal Office action.
/J. Brendan Regan/
Examining Attorney, Law Office 113
571-272-9212
brendan.regan@uspto.gov
RESPONSE GUIDANCE