To: | Hemostasis, LLC (torourke@bodnerorourke.com) |
Subject: | U.S. Trademark Application Serial No. 90420079 - CONTOUR - N/A |
Sent: | May 03, 2021 02:49:06 PM |
Sent As: | ecom116@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 Attachment - 18 Attachment - 19 Attachment - 20 Attachment - 21 Attachment - 22 Attachment - 23 Attachment - 24 Attachment - 25 Attachment - 26 Attachment - 27 Attachment - 28 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90420079
Mark: CONTOUR
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Correspondence Address: |
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Applicant: Hemostasis, LLC
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Reference/Docket No. N/A
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 03, 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.
SEARCH RESULTS - EARLIER FILED CONFLICTING APPLICATION
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.
SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE
The proposed mark is CONTOUR for:
IC 010: disposable respirator masks, sanitary masks for protection against infection
CONTOUR is defined as:
2. Shaped to fit the outline or form of something: a contour sheet.
“contour” The American Heritage® Dictionary of the English Language, Fifth Edition (2020) http://www.ahdictionary.com Retrieved May 3, 2021. See attachment.
The examining attorney refers to the attached excerpts attached as a representative sample showing CONTOUR identifying protective masks for filtering air shaped to follow the contours of the face.
http://greenwoodmillsppe.com/collections/ppe-masks Retrieved May 3, 2021. See attachments.
http://protectstyles.com/collections/the-contour-mask/products/ombre-reusable-contour-masks Retrieved May 3, 2021. See attachments.
http://pksafety.com/nsa-drifire-fr-double-layer-lightweight-contour-mask/ Retrieved May 3, 2021. See attachments.
http://www.joeleentorvick.com/products/contour-mask Retrieved May 3, 2021. See attachments.
http://poshmark.com/listing/The-Gap-Bundle-Adult-Contour-Masks-3-pack-2-607f667b7d576c207e0ac3c9 Retrieved May 3, 2021. See attachments.
http://i-bluinc.com/products/solid-contour-masks-set-of-3 Retrieved May 3, 2021. See attachments.
http://www.aritzia.com/us/en/product/contour-face-mask/81303.html Retrieved May 3, 2021. See attachments.
http://atelierxix.com/collections/deadstock Retrieved May 3, 2021. See attachments.
http://www.mwdental.com/supplies/infection-control/face-masks/molded/molded-contour-mask.html Retrieved May 3, 2021. See attachments.
http://c2csustainablesolutions.com/collections/100-cotton-contour-masks Retrieved May 3, 2021. See attachments.
http://www.heartofhaute.com/blogs/heart-of-haute-blog/how-to-protect-your-community-with-heart-of-haute-face-masks Retrieved May 3, 2021. See attachments.
GENERIC ADVISORY
IDENTIFICATION AND CLASSIFICATION OF GOODS
See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
SUGGESTED IDENTIFICATION AND CLASSIFICATION OF GOODS
Applicant may substitute the following wording, if accurate:
IC 009: Disposable respirator masks, namely, respirators for the prevention of accident or injury
IC 010: Disposable respirator masks, namely, respiratory masks for artificial respiration; Sanitary masks for protection against viral infection
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 CLASSES
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 may be 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 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.
/Ellen Awrich/
Trademark Examining Attorney
Law Office 116
571-272-9123
ellen.awrich@uspto.gov
RESPONSE GUIDANCE