To: | Madrid Pro Designs, Inc. (docketing@mwzb.com) |
Subject: | U.S. Trademark Application Serial No. 90351546 - MADRID - madrid |
Sent: | May 25, 2021 05:37:57 AM |
Sent As: | ecom107@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90351546
Mark: MADRID
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Correspondence Address: MILLEN WHITE ZELANO & BRANIGAN, PC 2200 CLARENDON BLVD., 14TH FLOOR
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Applicant: Madrid Pro Designs, Inc.
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Reference/Docket No. madrid
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: May 25, 2021
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.
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.
CLAIM OF OWNERSHIP OF REGISTRATIONS
IDENTIFICATION OF GOODS
Applicant may adopt the following wording, if accurate:
“Apparel, namely, t-shirts, long-sleeve t-shirts, tank tops, hoodies, sweatshirts, jackets, caps being headwear, headwear, hats, beanies, shorts, pants, socks, underwear, flip-flops, sandals, shoes, footwear, rash guards and wet suits,” in International Class 025.
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.
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.
/Steven W. Jackson/
Steven W. Jackson
Trademark Attorney
Law Office 107
steven.jackson@uspto.gov
571-272-9409
RESPONSE GUIDANCE