`
`Subject:
`
`Sent:
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`Sent As:
`
`Attachments:
`
`The Smiley Company (SPRL) (sbaron@mandellmenkes.com)
`
`U.S. TRADEMARK APPLICATION NO. 79073546 - 9243
`
`1/3/2017 11:40:19 AM
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`ECOM109@USPTO.GOV
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
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`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`U.S. APPLICATION SERIAL NO. 79073546
`
`
`
`MARK:
`
`CORRESPONDENT ADDRESS:
`
` Steven L. Baron
`
`
`
` Mandell Menkes LLC
`
` Suite 3600
`
` One North Franklin St.
`
`
`
` Chicago IL 60606
`
`APPLICANT: The Smiley Company (SPRL)
`
`
`
`*79073546*
`
`CLICK HERE TO RESPOND TO THIS
`LETTER:
`
`http://www.uspto.gov/trademarks/teas/response_forms.jsp
`
`VIEW YOUR APPLICATION FILE
`
`CORRESPONDENT’S REFERENCE/DOCKET
`
`
`
`NO:
`CORRESPONDENT E-MAIL ADDRESS:
`
` 9243
`
`sbaron@mandellmenkes.com
`
`OFFICE ACTION
`
`STRICT DEADLINE TO RESPOND TO THIS LETTER
`
`TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S
`COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW. A RESPONSE
`TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE
`MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
`
`ISSUE/MAILING DATE: 1/3/2017
`
`INTERNATIONAL REGISTRATION NO. 1015069
`
`This is in response to the request for reconsideration after final:
`
`
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`
`
`
`
`
`
`
`
`
`The applicant’s ID has been reviewed and the following error was found.
`
`
`
`A.
`
`Identification of Goods/Services
`
`International Class 016: Printed matter, namely, books, stationery, greeting cards, note cards, post cards, posters, newspapers, printed
`·
`calendars, printed forms, printed invitations, photo albums, scrapbooks, photographs; bookbinding materials, namely, bookbinding papers or
`cloth, bookbinding adhesive tape or glue; adhesive tapes for stationery or household purposes; artists' materials, namely, artists' paintbrushes,
`typeset printing blocks, printing type, art pads, art paper, paper, cardboard, dressmaking patterns, drawings, watercolors, paintings both framed
`and unframed;
`lithographic or engraved art objects; writing implements, namely, pens, pencils, fountain pens, artists' pencils; drawing
`instruments, namely, charcoal pencils, drawing pencils, pencil cases; typewriters and office requisites except furniture, namely, magnetic boards,
`file folders, desktop stationery cabinets; printed instructional and teaching materials except apparatus; cardboard or paper boxes; paper products,
`namely, paper handkerchiefs, paper towels, paper table linen, toilet paper, babies' disposable napkins of paper and cellulose; bags, namely, paper
`or plastic for use as gift bags, paper bags or pouches, paper and plastic bags for merchandise packaging purposes, paper and plastic garbage bags;
`pamphlets in the field of fashion, home, decorating and licensing; prospectuses in the field of fashion, home, decorating and licensing
`
`Applicant must specify the common commercial or generic name for the goods/services. If the goods/services have no common commercial or
`generic name, applicant must describe the nature of the goods/services as well as their main purpose, channels of trade, and the intended
`consumer(s).
`Applicant may adopt the following identification of goods/services if accurate: See TMEP §1402.01
`
`International Class 016: Printed matter, namely, {children’s books}{or explain type of book and field}, stationery, greeting cards, note cards,
`post cards, posters, newspapers, printed calendars, printed forms, printed invitations, photo albums, scrapbooks, photographs; bookbinding
`materials, namely, bookbinding papers or cloth, bookbinding adhesive tape or glue; adhesive tapes for stationery or household purposes; artists'
`materials, namely, artists' paintbrushes, typeset printing blocks, printing type, art pads, art paper, paper, cardboard, dressmaking patterns,
`drawings, watercolors, paintings both framed and unframed; lithographic or engraved art objects; writing implements, namely, pens, pencils,
`fountain pens, artists' pencils; drawing instruments, namely, charcoal pencils, drawing pencils, pencil cases; typewriters and office requisites
`except furniture, namely, magnetic boards, file folders, desktop stationery cabinets; printed instructional and teaching materials except apparatus
`{please specify} Printed instructional, educational, and teaching materials in the field of {specify area of use}; cardboard or paper boxes; paper
`products, namely, paper handkerchiefs, paper towels, paper table linen, toilet paper, babies' disposable napkins of paper and cellulose; bags,
`namely, paper or plastic for use as gift bags, paper bags or pouches, paper and plastic bags for merchandise packaging purposes, paper and plastic
`garbage bags; pamphlets in the field of fashion, home, decorating and licensing; prospectuses in the field of fashion, home, decorating and
`licensing
`
`Although identifications of goods and/or services may be amended to clarify or limit the goods and/or services, adding to or broadening the
`scope of the goods and/or services is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07. Therefore, applicant may not
`amend the identification to include goods and/or services that are not within the scope of the goods and/or services set forth in the present
`identification.
`
`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.
`
`
`
`Rossman, William
`
`/Rossman, William/
`
`EXAMINING ATTORNEY
`
`LAW OFFICE 109
`
`PHONE: 571-272-9029
`
`EMAIL: william.rossman@uspto.gov
`
`TO RESPOND TO THIS LETTER: Go to http://www.uspto.gov/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the
`issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application.
`For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned
`
`
`
`
`
`
`
`
`
`trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to
`this Office action by e-mail.
`
`All informal e-mail communications relevant to this application will be placed in the official application record.
`
`WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an
`applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the
`
`response.
`
`PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official
`notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at
`http://tsdr.uspto.gov/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the
`Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking
`status, see http://www.uspto.gov/trademarks/process/status/.
`
`TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.
`
`
`
`
`
`
`
`To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`The Smiley Company (SPRL) (sbaron@mandellmenkes.com)
`
`U.S. TRADEMARK APPLICATION NO. 79073546 - 9243
`
`1/3/2017 11:40:21 AM
`
`ECOM109@USPTO.GOV
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`
`IMPORTANT NOTICE REGARDING YOUR
`U.S. TRADEMARK APPLICATION
`
`USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED
`ON 1/3/2017 FOR U.S. APPLICATION SERIAL NO. 79073546
`
`Please follow the instructions below:
`
`(1) TO READ THE LETTER: Click on this link or go to http://tsdr.uspto.gov, enter the U.S. application serial number, and click on
`“Documents.”
`
`The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24
`hours of this e-mail notification.
`
`(2) TIMELY RESPONSE IS REQUIRED: Please carefully review the Office action to determine (1) how to respond, and (2) the applicable
`response time period. Your response deadline will be calculated from 1/3/2017 (or sooner if specified in the Office action). A response
`transmitted through the Trademark Electronic Application System (TEAS) must be received before midnight Eastern Time of the last day of the
`response period. For information regarding response time periods, see http://www.uspto.gov/trademarks/process/status/responsetime.jsp.
`
`Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as
`responses to Office actions.
`Instead,
`the USPTO recommends that you respond online using the TEAS response form located at
`http://www.uspto.gov/trademarks/teas/response_forms.jsp.
`
`(3) QUESTIONS: For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney. For
`technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail
`TSDR@uspto.gov.
`
`WARNING
`
`Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application. For
`more information regarding abandonment, see http://www.uspto.gov/trademarks/basics/abandon.jsp.
`
`PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION: Private companies not associated with the USPTO are
`using information provided in trademark applications to mail or e-mail trademark-related solicitations. These companies often use names that
`
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`closely resemble the USPTO and their solicitations may look like an official government document. Many solicitations require that you pay
`
`“fees.”
`
`Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document
`from the USPTO rather than a private company solicitation. All official USPTO correspondence will be mailed only from the “United States
`Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.” For more information on how to handle
`private company solicitations, see http://www.uspto.gov/trademarks/solicitation_warnings.jsp.
`
`
`
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