To: | Medline Industries, Inc. (jmarvel@pattishall.com) |
Subject: | U.S. Trademark Application Serial No. 90097305 - FRESH START - 00786-1-5387 |
Sent: | October 22, 2020 11:45:50 AM |
Sent As: | ecom106@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90097305
Mark: FRESH START
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Correspondence Address: PATTISHALL, MCAULIFFE, NEWBURY, HILLIARD 200 S. WACKER DRIVE, SUITE 2900
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Applicant: Medline Industries, Inc.
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Reference/Docket No. 00786-1-5387
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. 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: October 22, 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.
SUMMARY OF ISSUES:
IDENTIFICATION AND CLASSIFICATION OF GOODS
In addition, applicant has classified “incontinence bed pads” in International Class 5; however, the proper classification is International Class 10. Therefore, applicant may respond by (1) adding International Class 10 to the application and reclassifying these goods in the proper international class, (2) deleting “incontinence bed pads” from the application, or (3) deleting the remainder of the items in the identification and reclassifying the specified goods in the proper international class. See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq.
Please see the suggested amendments below. Applicant should note that any wording in bold, in
italics, and/or in ALL CAPS below offers guidance or shows the changes being proposed for the identification of goods and/or services. If there
is wording in the applicant’s identification of goods and/or services which should be removed, it will be shown with a line through it such as this: strikethrough. When making amendments, applicant should enter them in standard font, not in bold, in italics, and/or in ALL
CAPS. If applicant adds one or more international classes to the application, applicant must comply with the multiple-class requirements
specified in this Office action.
Applicant may adopt the following identification and classification of goods, if accurate:
International Class 3: Incontinence wipes impregnated with non-medicated cleansing preparations
International Class 5: Incontinence garments; incontinence pads; incontinence bed pads; incontinence wipes impregnated with medicated cleansing preparations; panty liners
International Class 10: Incontinence bed pads
See TMEP §1402.01.
Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted goods and/or services may not later be reinserted. See 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.
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 already paid (view the USPTO’s current fee schedule). The application identifies goods that are classified in at least 3 classes; however, applicant submitted a fee sufficient for only 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 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c).
For 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, see the Multiple-class Application webpage.
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.
ASSISTANCE
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a response to this nonfinal Office action.
/J. Evan Mucha/
J. Evan Mucha
Examining Attorney
Law Office 106
571-270-1989
evan.mucha@uspto.gov
RESPONSE GUIDANCE