To: | Buffalo Bills, LLC (ip@lglaw.com) |
Subject: | U.S. Trademark Application Serial No. 90248264 - BILLS MAFIA - 60000.0282 |
Sent: | March 20, 2021 02:46:44 PM |
Sent As: | ecom130@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90248264
Mark: BILLS MAFIA
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Correspondence Address: |
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Applicant: Buffalo Bills, LLC
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Reference/Docket No. 60000.0282
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: March 20, 2021
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
· Search of Office’s Database of Marks – Application Not Entitled to Register Due to Possible Likelihood of Confusion with Mark in Prior Pending Application
SEARCH OF USPTO DATABASE OF MARKS
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
However, the applicant must respond to address the following requirements.
Applicant must clarify some of the wording in the identification of goods because it is indefinite or overbroad. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01, 1402.03.
The applicant insufficiently describes the following goods in Class 25:
Applicant may substitute the following wording, if accurate:
Class 10: cloth face coverings being protective face masks for medical purposes
Class 25: Clothing, namely, aprons, baseball caps, belts, bibs not of paper, coaches caps, cloth face coverings being ski masks, coats, down jackets, ear muffs, fleece tops and bottoms, footwear, gloves, golf shirts, headbands, headwear, hooded sweatshirts, hoodies, jackets, jerseys, knit hats and caps, knit shirts, leather jackets, long-sleeve shirts, loungewear, mittens, neck gaiters, neckties, night shirts, pajamas, pants, parkas, polo shirts, ponchos, raincoats, robes, scarves, shoes, shorts, slippers, sneakers, snow suits, socks, suspenders, sweaters, sweatpants, sweatshirts, tank tops, T- shirts, underwear, vests, visors being headwear, warm up suits, wind resistant jackets, wool hats, woven shirts, and wristbands
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
The application identifies goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):
(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 classes; however, applicant submitted a fee sufficient for only one 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.
The following description is suggested, if accurate: The mark consists of the stylized word “BILLS” in a vertical formation to the right of which appears the stylized word “MAFIA” with a bison eye design appearing in the second letter “A” and a stylized banner cutting through the first letter “A”.
Response Guidelines
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.
/Alexandra El-Bayeh/
Trademark Examining Attorney
Law Office 130
(571) 270-5911
alexandra.el-bayeh@uspto.gov
RESPONSE GUIDANCE