To: | Theragun, Inc. (trademarkdocket@jmbm.com) |
Subject: | U.S. Trademark Application Serial No. 90644767 - THERABODY - 76840-1651 |
Sent: | February 28, 2022 02:39:27 PM |
Sent As: | ecom106@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90644767
Mark: THERABODY
|
|
Correspondence Address: JEFFER MANGELS BUTLER & MITCHELL LLP 1900 AVENUE OF THE STARS, 7TH FLOOR
|
|
|
|
Reference/Docket No. 76840-1651
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: February 28, 2022
This Office action is in response to applicant’s communication filed on February 11, 2022.
Based on information and/or documentation in applicant’s response, the trademark examining attorney now issues the following new requirement: Multiple-Class Application Requirements. See TMEP §§706, 711.02.
In a previous Office action dated August 12, 2021, the trademark examining attorney required applicant to satisfy the following requirements: Identification of Goods and Explanation of Mark’s Significance Required.
Based on applicant’s response, the trademark examining attorney notes that the following requirement has been satisfied: Explanation of Mark’s Significance Required. See TMEP §713.02.
SUMMARY OF ISSUES that applicant must address:
• Identification & Classification of Goods – Maintained and Continued
• NEW ISSUE: Multiple-Class Application Requirements
Applicant must respond to all issues raised in this Office action within six (6) months of the date of issuance of this Office action. 37 C.F.R. §2.62(a); see TMEP §711.02. If applicant does not respond within this time limit, the application will be abandoned. 37 C.F.R. §2.65(a).
IDENTIFICATION & CLASSIFICATION OF GOODS – MAINTAINED AND CONTINUED
Applicant should note that any wording in bold, in italics, underlined and/or in ALL CAPS below offers
guidance and/or shows the changes being proposed for the identification of goods. If there is wording in the applicant’s version of the identification of goods which
should be removed, it will be shown with a line through it such as this: strikethrough. When making its amendments, applicant should enter them in standard
font, not in bold, in italics, underlined and/or in ALL CAPS.
Applicant may adopt the following identification, if accurate:
International Class 3: Facial moisturizers; facial cleanser; microcurrent gel, namely,
conductive gel or conductivity gel
International Class 5: MICROCURRENT TOPICAL GEL FOR MEDICAL AND THERAPEUTIC USE, NAMELY, CONDUCTIVITY GEL BEING ULTRASOUND GEL; MICROCURRENT GEL, NAMELY, CONDUCTIVITY GEL FOR DERMATOLOGICAL USE
For assistance with identifying and classifying goods in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
NEW ISSUES: 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 already paid (view the USPTO’s current fee schedule). The application identifies goods that are classified in at least 2 classes; however, applicant submitted a fee sufficient for only 1 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.
For this application to proceed, applicant must explicitly address each 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.
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.
Cameron McBride
/Cameron McBride/
Examining Attorney - Trademarks
Law Office 106
(571) 272-0542
Cameron.McBride@uspto.gov
RESPONSE GUIDANCE