To: | Gucci America, Inc. (Bessinger-docket@fzlz.com) |
Subject: | U.S. Trademark Application Serial No. 90739397 - GUCCI - GUCC 2104883 |
Sent: | February 19, 2022 06:55:03 AM |
Sent As: | ecom103@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. 90739397
Mark: GUCCI
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Correspondence Address: FROSS ZELNICK LEHRMAN & ZISSU, P.C.
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Applicant: Gucci America, Inc.
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Reference/Docket No. GUCC 2104883
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: February 19, 2022
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.
SUMMARY OF REFUSAL(S) / REQUIREMENT(S):
• Application Not Entitled to Register - Prior Pending Application
• Identification of Goods & Services – International Classes 24, 26, & 35
APPLICATION NOT ENTITLED TO REGISTER - PRIOR PENDING 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.
OTHER ISSUES
If Applicant chooses to respond to the refusal to register, the applicant must also respond to the following issues.
IDENTIFICATION OF GOODS & SERVICES – INTERNATIONAL CLASSES 24, 26, & 35
The identification of goods and services is indefinite and must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
In particular, for international class 24, Applicant must provide greater specificity with regard to, “blankets”.
For international class 28, Applicant must provide greater specificity with regard to, “haberdashery” and “removable embroidery patches”.
For international class 35, Applicant must provide greater specificity with regard to, “Retail store services and online retail store services featuring … accessories, …”.
For Applicant’s convenience, all indefinite terms and phrases, and corresponding corrections suggested by the examining attorney, have been bolded.
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.
Applicant may adopt the following identification of goods and services, if accurate:
International class 24 - Household linen; blanket throws; curtains of textile or plastic; covers for cushions; wall hangings of textile
International class 26 – Haberdashery bows, ribbons and braids; buttons; artificial flowers; hair accessories, namely, hair bands, hair bows, and hair pins; brooches for clothing; purse charms; removable embroidery patches for clothing
International class 35 - Retail store services and online retail store services featuring bags, clothing, footwear, headwear, houseware, {specify type, e.g., fashion, household décor etc.} accessories, linens, and haberdashery
DESCRIPTION OF THE MARK – PRINT
Applicant’s description of the mark has been accepted and entered.
GUIDELINES FOR RESPONDING TO THE OFFICE ACTION
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
How to respond. Click to file a response to this nonfinal Office action.
/VJ/
Gene V.J. Maciol, II
Attorney-advisor
Law Office 103
gene.maciol@uspto.gov
571-273-9280 fx
571-272-9280 ph
RESPONSE GUIDANCE