Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

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:  August 12, 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 of Office Records

 

The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d).  15 U.S.C. §1052(d); TMEP §704.02.

 

Identification of Goods

 

THIS PARTIAL REQUIREMENT APPLIES ONLY TO THE GOODS SPECIFIED THEREIN.

 

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.

 

Class 14

 

The identification of goods is indefinite and must be clarified by indicating the type of “ornamental pins made of precious metal” (e.g., novelty, lapel); and specifying the type of “jewelry accessories” (e.g., boxes).  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

Applicant may adopt the following identification, if accurate:  precious metals; jewelry made of precious metals; tie-pins of precious metal; medals of precious metal; key rings of precious metals; ornamental novelty pins made of precious metal; jewelry chains; jewel pendants; jewelry brooches; jewelry boxes; watches; earrings; precious jewels; rings as jewelry; necklaces; ankle bracelets; cuff links, in Class 14.

 

Class 16

 

The identification of goods is indefinite and must be clarified by indicating that the “note books” are of paper; indicating that “diaries, “postcards,” “cards” and “posters” are printed; specifying the type of “printed matter”; and specifying the nature of the “cards” (e.g., greeting cards).  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

Applicant may adopt the following identification, if accurate:  Stickers; banners of paper; tissue paper; paper note books; note papers; stationery; pen and pencil boxes; passport covers; paper bags for household purposes; plastic bags for household purposes; photographic prints; pictorial prints; printed diaries; calendars; printed postcards; printed posters; printed books in the field of [SPECIFY field]; boxes of paper or cardboard; printed greeting cards; printed photographs, in Class 16.

 

Class 25

 

The identification of goods is indefinite and must be clarified by specifying the items of “clothing” and “outer clothing” by common commercial name; indicating that the “gloves” have conductive fingertips that may be worn while using handheld electronic touch screen devices; and indicating that the “winter face masks” are knit headwear.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

Applicant may adopt the following identification, if accurate:  Footwear; training shoes; infants' shoes and boots; clothing, namely, shirts and pants; panties; shorts; briefs; shirts; tee-shirts; outer clothing, namely, jackets and coats; blue jeans; headbands; socks; gloves for clothing having conductive fingertips that may be worn while using handheld electronic touch screen devices; headwear; baseball caps; winter knit face masks being headwear; raincoats; ear muffs; gloves; nightwear; hooded sweatshirts, in Class 25.

 

Class 28

 

 

The identification of goods is indefinite and must be clarified by indicating that “concert-type LED light toys” are toys with LED light features for use in performance arts, namely, concerts; indicating that “mascot toys” are stuffed; specifying that “toys as cellphone straps” are toys designed to be attached to cellphone straps; specifying the “games and playthings; games” by common commercial name (e.g. board games); and indicating that “playmats” are play mats for use with toy vehicles.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

The wording “hula hoop” in the identification of goods is a registered mark not owned by applicant; accordingly, applicant must amend the identification to delete this wording and, if not already included in the identification, provide the common commercial or generic name of the goods.  TMEP §1402.09; see 37 C.F.R. §2.32(a)(6); Camloc Fastener Corp. v. Grant, 119 USPQ 264, 264 n.1 (TTAB 1958).  See attached U.S. Registration No(s). 0739307. 

 

Identifications of goods and/or services should generally be comprised of generic everyday wording for the goods and/or services, and exclude proprietary or potentially-proprietary wording, such as a registered term.  See TMEP §§1402.01, 1402.09.  The misspelling or phonetic equivalent of a registered mark should similarly be excluded, unless it is the common name of the goods and/or services.  TMEP §1402.09.  A registered mark indicates origin in one particular party and so may not be used to identify goods and/or services that originate in a party other than that registrant.  TMEP §1402.09 (citing Camloc Fastener Corp. v. Grant, 119 USPQ at 264 n.1). 

 

Applicant may adopt the following identification, if accurate:  Toys with LED light features for use in performance arts, namely, concerts; costume masks; mascot stuffed toys; toys designed to be attached to cellphone straps; games and playthings, namely, board games; music box toys; dolls; action figure dolls; play mats for use with toy vehicles; stuffed toys; building games; trading cards for games; electronic action toys; plastic toy hoops; skateboards; bags for skateboards; pilates foam rollers; dart games, in Class 28.

 

Telephone or E-Mail Response Suggested

 

Please call or email the assigned trademark examining attorney to resolve the issues in this Office action.  Although the USPTO does not accept emails as responses to Office actions, communication by phone or email is permissible to agree to proposed amendments to the application that will immediately place the application in condition for publication, registration, or suspension.  See 37 C.F.R. §2.62(c); TMEP §707.

 

 

 

 

 

 

 

How to respond.  Click to file a response to this nonfinal Office action.    

 

 

/Vivian Micznik First/

Examining Attorney

Law Office 114

571-272-9159

vivian.first@uspto.gov

 

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on August 12, 2021 for

U.S. Trademark Application Serial No. 90488643

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

/Vivian Micznik First/

Examining Attorney

Law Office 114

571-272-9159

vivian.first@uspto.gov

 

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from August 12, 2021, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond

 

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”