To: | LAFLARE NY INC (docket@imiplaw.com) |
Subject: | U.S. Trademark Application Serial No. 90059868 - COPPERTECT - LAFLARE824US |
Sent: | September 28, 2020 05:19:02 PM |
Sent As: | ecom127@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90059868
Mark: COPPERTECT
|
|
Correspondence Address:
|
|
Applicant: LAFLARE NY INC
|
|
Reference/Docket No. LAFLARE824US
Correspondence Email Address: |
|
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. 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: September 28, 2020
The referenced application has been reviewed by the assigned trademark examining attorney. 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.
REQUIREMENT – AMEND IDENTIFICATION OF GOODS
Applicant’s applied-for mark identifies the following goods:
Class 25: “Scarves; Bandanas; Fashion masks; Face covers; Face coverings; Face masks”
Applicant must clarify the wording “Fashion masks; Face covers; Face coverings; Face masks” in the identification of goods in International Class 25 because it is indefinite and too broad. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. This wording is indefinite because the purpose of the goods is not unclear. Further, this wording could identify goods and/or services in more than one international class. For example, masks and face covers being sanitary masks for protection against viral infection are in International Class 10 and masks and covers in the nature of clothing are in International Class 25.
If accurate, applicant may adopt the following identification and associated classifications, which accounts for all the necessary revisions as discussed above:
Class 10: “Fashion masks being sanitary masks for protection against viral infection; Face covers being sanitary masks for protection against viral infection; Face coverings being sanitary masks for protection against viral infection; Face masks being sanitary masks for protection against viral infection”
Class 25: “Scarves; Bandanas; Fashion masks being ski masks; Face covers being niqabs; Face coverings being niqabs; Knit face masks being headwear”
If applicant adopts the suggested amendment of the goods and/or services, then applicant must amend the classification to include associated International Classes. Applicant may also choose to add some but not all Classifications, or limit the goods as specified to include only the goods in the current Classifications. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§805, 1401.
Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended. See TMEP §1402.06(a)-(b). The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification. TMEP §§1402.06(b), 1402.07(a)-(b). Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted. TMEP §1402.07(e).
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.
Applicant should note the additional requirements pertaining to multiple-class applicants, as set forth below.
Multiple-Class Application Requirements
(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 two (2) classes; however, applicant submitted a fee(s) sufficient for only one (1) class. 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.
The fee for adding classes to a TEAS Standard application is $275 per class. See 37 C.F.R. §2.6(a)(1)(iii). For more information about adding classes to an application, see the Multiple-class Application webpage.
Response guidelines. For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
How to respond. Click to file a response to this nonfinal Office action.
/Douglas A. Mondell/
Douglas A. Mondell, Esq.
Law Office 127
(571) 272-0120
douglas.mondell@uspto.gov
RESPONSE GUIDANCE