To: | MTI MOTA IMPORT EXPORT LLC (patent@patentnow.com) |
Subject: | U.S. Trademark Application Serial No. 90100354 - TEDDY - MTI MOTA-2 |
Sent: | December 02, 2020 02:07:21 PM |
Sent As: | ecom121@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90100354
Mark: TEDDY
|
|
Correspondence Address: |
|
Applicant: MTI MOTA IMPORT EXPORT LLC
|
|
Reference/Docket No. MTI MOTA-2
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: December 02, 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.
SEARCH OF USPTO DATABASE OF MARKS
· Amendment of Classification and Identification of Goods Required
· Multiple-Class Application Requirements
· Explanation of Mark’s Significance Required
· Response Guidelines
AMENDMENT OF CLASSIFICATION AND IDENTIFICATION OF GOODS REQUIRED
Additionally, applicant has provided the application fee(s) for only ONE international class(es). Thus, not all international classes in the application are covered by the application fee(s). Because of this disparity, applicant must clarify the number of classes for which registration is sought. See 37 C.F.R. §§2.32(d), 2.86(a).
Applicant may respond by (1) adding one or more international class(es) to the application, and reclassifying the above goods and/or services accordingly; or (2) deleting from the application the goods and/or services for all but the number of international class(es) for which the application fee was submitted. See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq. If applicant adds one or more international classes to the application, applicant must comply with the multiple-class application requirements specified in this Office action.
The wording “Hand Sanitizers,” “Bleach,” “wipes,” “Bath soaps,” “Pads,” in the identification of goods is indefinite and must be clarified because the nature of the services are unclear. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording “Wipes” in the identification of goods for International Class 003 must be clarified because it is too broad and could include goods in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. In particular, this wording could encompass the below situations.
Regarding the wording “Disposable products,” generally, a trademark examining attorney will recommend acceptable substitute wording for unacceptable identifications of goods and/or services. In this case, however, because the nature of the goods and/or services is unclear from the application record, the trademark examining attorney is unable to suggest any alternative wording. See TMEP §1402.01(e).
Applicant may substitute the following wording, if accurate:
Class 003: Dish Soap; Fabric Softeners; Laundry soap; Laundry bleaching preparations; Pre-moistened cosmetic wipes; Non-medicated bath soaps; Cosmetic pads
Class 005: Hand-sanitizing preparations; Disinfecting wipes; Sanitary napkins; Medicated bath soap; Breast pads; Disposable adult diapers; Disinfectant antibacterial Cleaner
Class 016: Toilet paper; Cellulose wipes; Paper napkins
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(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least THREE classes; however, applicant submitted a fee(s) sufficient for only ONE 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 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.
EXPLANATION OF MARK’S SIGNIFICANCE REQUIRED
To permit proper examination of the application, applicant must provide the following information:
1. Does the wording in the mark, “TEDDY,” carry any meaning that references an individual, such as a first name, surname, stage name, nickname, etc.? If so, please indicate whether anyone associated with the applicant (including the applicant) or applicant’s business has or uses the name or indicator.
See 37 C.F.R. §§2.32(a)(9)-(a)(10), 2.61(b); TMEP §§809-809.03, 814.
Failure to comply with a request for information is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814.
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.
/Christopher Renneker/
Examining Attorney
Law Office 121
571-272-8045
christopher.renneker@uspto.gov
RESPONSE GUIDANCE