To:
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`Subject:
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`Sent:
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`Sent As:
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`Attachments:
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`Alexandrina, Darina (privacy@trademarkengine.com)
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`U.S. TRADEMARK APPLICATION NO. 88018453 - REDLOTUSSHOP - N/A
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`10/24/2018 12:21:00 PM
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`ECOM110@USPTO.GOV
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`Attachment - 1
`Attachment - 2
`Attachment - 3
`Attachment - 4
`Attachment - 5
`Attachment - 6
`Attachment - 7
`Attachment - 8
`Attachment - 9
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`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
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`U.S. APPLICATION
`SERIAL NO.   88018453
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`           
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`MARK: REDLOTUSSHOP
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`CORRESPONDENT
`ADDRESS:
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`       DARINA
`ALEXANDRINA
`  
`       RedLotusShop
`         1371 HIGHLAND CT
`           ALLENTOWN PA 18103
`    
`   
`APPLICANT: Alexandrina,
`Darina
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`    
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`*88018453*
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`CLICK HERE TO RESPOND TO THIS
`LETTER:
`http://www.uspto.gov/trademarks/teas/response_forms.jsp
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`VIEW YOUR APPLICATION FILE
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`CORRESPONDENT’S
`REFERENCE/DOCKET
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`   
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`  N/A
`CORRESPONDENT E-
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`NO:       
`MAIL ADDRESS:       
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`privacy@trademarkengine.com
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`OFFICE ACTION
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`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.
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`ISSUE/MAILING DATE: 10/24/2018
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`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 ISSUES:
`
`Section 2(d) Statutory Refusal Based Upon Registration Nos. 4035872, 4548972, 5403974
`Specimen Refusal – Mock-Up
`Information About Specimen Required
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`PRO SE APPLICANT MAY WISH TO SEEK TRADEMARK COUNSEL
`Because of the legal technicalities and strict deadlines involved in the USPTO application process, applicant may wish to hire a private attorney
`specializing in trademark matters to represent applicant in this process and provide legal advice.  Although the undersigned trademark examining
`attorney is permitted to help an applicant understand the contents of an Office action as well as the application process in general, no USPTO
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`attorney or staff is permitted to give an applicant legal advice or statements about an applicant’s legal rights.   TMEP §§705.02, 709.06.  
`
`For attorney referral information, applicant may consult the American Bar Association’s Consumers’ Guide to Legal Help; an online directory
`of legal professionals, such as FindLaw®; or a local telephone directory.  The USPTO, however, may not assist an applicant in the selection of a
`private attorney.  37 C.F.R. §2.11.
`
`TRADEMARK ACTION SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION (3)
`Registration of the applied-for mark is refused because of a likelihood of confusion with the marks in U.S. Registration Nos. 4035872, 4548972,
`5403974.  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the attached registrations.
`
`Comparison of Marks
`Applicant seeks to register REDLOTUSSHOP (standard characters), while the registrants own and use the marks RED LOTUS (standard
`
`characters); RED LOTUS by zyloware (with design) and LOTUSHOP (standard characters).  
`
`In a likelihood of confusion determination, marks are compared in their entireties for similarities in appearance, sound, connotation, and
`commercial impression.  Stone Lion Capital Partners, LP v. Lion Capital LLP, 746 F.3d 1317, 1321, 110 USPQ2d 1157, 1160 (Fed. Cir. 2014)
`(quoting Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee En 1772, 396 F. 3d 1369, 1371, 73 USPQ2d 1689, 1691 (Fed. Cir.
`2005)); TMEP §1207.01(b)-(b)(v).  “Similarity in any one of these elements may be sufficient to find the marks confusingly similar.”   In re
`Davia, 110 USPQ2d 1810, 1812 (TTAB 2014) (citing In re White Swan Ltd., 8 USPQ2d 1534, 1535 (TTAB 1988); In re 1st USA Realty Prof’ls,
`Inc., 84 USPQ2d 1581, 1586 (TTAB 2007)); TMEP §1207.01(b).
`
`When evaluating a composite mark containing both words and designs, the word portion is more likely to indicate the origin of the goods and/or
`services because it is that portion of the mark that consumers use when referring to or requesting the goods and/or services.  Bond v. Taylor, 119
`USPQ2d 1049, 1055 (TTAB 2016) (citing In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908, 1911 (Fed. Cir. 2012)); TMEP
`§1207.01(c)(ii).  Thus, although marks must be compared in their entireties, the word portion is often considered the dominant feature and is
`accorded greater weight in determining whether marks are confusingly similar, even where the word portion has been disclaimed.  In re Viterra
`Inc., 671 F.3d at 1366-67, 101 USPQ2d at 1911 (citing Giant Food, Inc. v. Nation’s Foodservice, Inc., 710 F.2d 1565, 1570-71, 218 USPQ2d
`
`390, 395 (Fed. Cir. 1983)).  
`
`Further, marks may be confusingly similar in appearance where similar terms or phrases or similar parts of terms or phrases appear in the
`compared marks and create a similar overall commercial impression.  See Crocker Nat’l Bank v. Canadian Imperial Bank of Commerce, 228
`USPQ 689, 690-91 (TTAB 1986), aff’d sub nom. Canadian Imperial Bank of Commerce v. Wells Fargo Bank, Nat’l Ass’n , 811 F.2d 1490,
`1495, 1 USPQ2d 1813, 1817 (Fed. Cir. 1987) (finding COMMCASH and COMMUNICASH confusingly similar); In re Corning Glass Works,
`229 USPQ 65, 66 (TTAB 1985) (finding CONFIRM and CONFIRMCELLS confusingly similar); In re Pellerin Milnor Corp., 221 USPQ 558,
`560 (TTAB 1983) (finding MILTRON and MILLTRONICS confusingly similar); TMEP §1207.01(b)(ii)-(iii).
`
`In the instant application, applicant’s mark and the marks of the registrant share the identical strong first term “RED LOTUS” and/or
`“LOTUS(S)HOP” for extremely related goods and services.  Further, use of the descriptive word SHOP in connection with retail store services
`
`does not distinguish applicant’s mark from those of the registrants.   Likelihood of confusion is high.   
`
`If the marks of the respective parties are identical or highly similar, the examining attorney must consider the commercial relationship between
`the goods or services of the respective parties carefully to determine whether there is a likelihood of confusion. In re Concordia International
`Forwarding Corp., 222 USPQ 355 (TTAB 1983).
`
`Comparison of Goods and/or Services
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`Where the marks of the respective parties are identical or virtually identical, as in this case, the degree of similarity or relatedness between the
`goods and/or services needed to support a finding of likelihood of confusion declines.  See In re i.am.symbolic, llc, 116 USPQ2d 1406, 1411
`(TTAB 2015) (citing In re Shell Oil Co., 992 F.2d 1204, 1207, 26 USPQ2d 1687, 1689 (Fed. Cir. 1993)), aff’d , 866 F.3d 1315, 123 USPQ2d
`1744 (Fed. Cir. 2017); TMEP §1207.01(a).
`
`In addition, the compared goods and/or services need not be identical or even competitive to find a likelihood of confusion.  See On-line Careline
`Inc. v. Am. Online Inc., 229 F.3d 1080, 1086, 56 USPQ2d 1471, 1475 (Fed. Cir. 2000); Recot, Inc. v. Becton, 214 F.3d 1322, 1329, 54 USPQ2d
`1894, 1898 (Fed. Cir. 2000); TMEP §1207.01(a)(i).  They need only be “related in some manner and/or if the circumstances surrounding their
`marketing are such that they could give rise to the mistaken belief that [the goods and/or services] emanate from the same source.”   Coach
`Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369, 101 USPQ2d 1713, 1722 (Fed. Cir. 2012) (quoting 7-Eleven Inc. v. Wechsler, 83
`USPQ2d 1715, 1724 (TTAB 2007)); TMEP §1207.01(a)(i).
`
`Here, applicant seeks to register its mark for “On-line retail store services featuring a wide variety of consumer goods of others; On-line retail
`store services featuring Kegel balls.”
`
`The registrants use their marks on “Costume jewelry; Gemstone jewelry; Gemstones; Jewelry; Jewelry and imitation jewelry; Jewelry watches;
`Pearls; Precious gemstones; Semi-precious gemstones; Watches and jewelry; Watches, clocks, jewelry and imitation jewelry,” “Eyeglass frames,
`” and “Export and import agencies in the field of chemical products used in industry, unprocessed artificial resins, unprocessed plastics,
`fertilizers, tire extinguishing composition, preparations for hardening, tempering, welding metal, chemical substances for preserving foodstuffs,
`leather-dressing chemicals, adhesives for industrial purpose, colorants, paints, varnishes, anti-rust preparations and wood preservatives, dyes,
`mordants, bleaching preparations, laundry bleaching preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices, industrial
`oils, industrial greases, lubricants, dust absorbing, wetting and binding compositions, fuel and illuminating wax, pharmaceutical, sanitary
`preparations for medical purpose, foods and dietetic substances for medical use or veterinary purpose, food for babies, dietary substances for
`human and animals, plasters for medical purpose, medical materials for dressings, materials for stopping teeth, dental wax, disinfectants,
`preparations for destroying vermin, fungicides, herbicides, foundry molds of metal, building materials not of metal, refractory construction
`materials of metal, agricultural machines, machine tools, motors and engines other than for land vehicles, engines and motors for land vehicles,
`hand-held tools other than hand-operated, hand operated hand tools, electric apparatus and instruments, namely, electric lights, electric wires,
`electric switches, electric sockets, electric plugs, electric interrupter, electric cabinets, electric conduits, connectors for electric lines, electric
`connectors, electric distribution boxes, electric junction boxes, electric couplings, electric distribution box caps, electric conduit clamps, electric
`boards, electric relays, fuses, circuit breakers, electric ballasts, lightning arresters, electric saving equipments, electric measuring equipments,
`electronic apparatus and instruments, namely, television apparatus, cassette players, sounding apparatus and machines, digital devices, disk
`players, loudspeaker, amplifiers, microphones, voltage stabilizer, tape recorders, headphones, electric refrigeration appliances, namely, electric
`water heaters, fridges, solar-powered water healers, air conditioners, washing machines, electric clothes dryers, dehumidifiers, conservators,
`coolers, electric household instruments, namely, high-speed electric kettles, infusion kettles, irons, induction cookers, gas cookers, electric
`thermo pots, cold and hot water dispensers, electric cooking utensils, charging lights, microwave ovens, toasters, electric hot pots, sandwich
`toasters, liquidizers, fruit juicers, coffee machines, multipurpose grinders, soup liquidizers, neutralized machines, exhausters, vacuum cleaners,
`dishes driers, hair driers, water purifying machines, dishwashers, air filtering installations, soya-bean grinders, oil heating machines, humidifiers,
`rice cookers, pressure-cooker, stewing cookers, fans, electric generators, bowls, plates, knife, spoons, fork, chopsticks, pots, pans, glasses, cups,
`lighting apparatus, apparatus for recording and transmission or reproduction of sound or images, communication apparatus and equipments,
`namely, telephones, heating apparatus, cooking apparatus, steam generating apparatus, refrigerating apparatus, drying apparatus, ventilation
`apparatus and installations, water supplying apparatus, water distribution apparatus, water drainage apparatus, sanitary apparatus, valves, laps,
`fire-extinguishing apparatus, magnetic data carriers, recording discs, automatic vending machines, automatic money calculating machines,
`computers and peripheral devices for computer, scientific, nautical, surveying, photographic, optical, weighing, measuring, signaling, and
`checking in the form of supervision, life-saving and teaching apparatus, instruments and equipments, surgical, medical, dental and veterinary
`apparatus and instruments, vehicles for locomotion by land, air, water or rail, cleaning, polishing, scouring and abrasive preparations, firearms,
`ingots of precious metals, jewelry, gold and silver jewelry, watches, musical instruments, writing paper, boxes of cardboard, stationeries,
`synthetic rubber, asbestos, mica, insulators, insulating materials, unworked or semi-worked leather, imitation leather, furniture, namely, tables,
`chairs, beds, wardrobes, shelves, mirrors, picture frames, kitchen utensils, toilet utensils, glassware, porcelain and earthenware, ropes, sails,
`padding and stuffing materials, threads for textile use, raw fibrous textile material, fabrics for textile use, clothing, footwear and headgear, sewing
`machines, carpets, mats, rugs, linoleum, slot machines, namely, gaming machines, toys, coffee, tea, confectionery, rice, preserved, vegetables,
`meat, beers, wines, non-alcoholic beverages, machines and equipment for construction, namely, road making machines, sharpening machines,
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`transmitters of electronic signals, machines for physical exercise” respectively.   
`
`The use of similar marks on or in connection with both products and retail-store services has been held likely to cause confusion where the
`evidence showed that the retail-store services featured the same type of products.  See In re House Beer, LLC, 114 USPQ2d 1073, 1078 (TTAB
`2015) (holding the use of identical marks for beer and for retail store services featuring beer likely to cause confusion); In re Thomas, 79
`USPQ2d 1021, 1023 (TTAB 2006) (holding the use of similar marks for jewelry and for retail-jewelry and mineral-store services likely to cause
`confusion); In re Peebles, Inc., 23 USPQ2d 1795, 1796 (TTAB 1992) (holding the use of nearly identical marks for coats and for retail outlets
`featuring camping and mountain climbing equipment, including coats, likely to cause confusion, noting that “there is no question that store
`services and the goods which may be sold in that store are related goods and services for the purpose of determining likelihood of confusion”);
`TMEP §1207.01(a)(ii).
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`Here, applicant’s identification features “a wide variety of consumer goods of others” which includes jewelry, eyeglass frames and all the goods
`related thereto.  Further, the registrant’s import export services also appear to feature a similar wide variety of consumer goods of others.  
`Therefore, the goods and services are closely related and potentially identical in nature.
`
`Given the identical/complementary/highly related nature of the goods and/or services and the similar commercial impression of the marks
`themselves, there is no doubt that consumers encountering both trademarks will assume that the goods and/or services come from the same
`source.
`
`In sum, since the marks are nearly identical and the goods and services related and complementary, there is a substantial likelihood that
`purchasers would be confused as to the source of the goods and services.  As such, the mark is refused under Section 2(d) of the Trademark Act.
`
`Note the additional basis for refusal.
`
`SPECIMEN REFUSAL – MOCK-UP SPECIMEN
`Registration is refused because the specimen appears to consist of a digitally altered image or a mock-up of the intended depiction of the mark on
`the goods for future use in commerce; however, this provisional sample does not show the applied-for mark in actual use in commerce. 
`
`Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).  
`
`A mock-up of a product or its packaging that has been digitally created or otherwise altered to include the mark does not show actual use of the
`mark in commerce.  See 15 U.S.C. §1127; TMEP §§904.04(a), 904.07(a); cf. In re Chica, Inc., 84 USPQ2d 1845, 1848 (TTAB 2007) (holding
`that “a mere drawing of the goods with an illustration of how the mark may be displayed” was not an acceptable specimen because it did not
`show actual use in commerce); In re The Signal Cos., 228 USPQ 956, 957-58 n.4 (TTAB 1986) (noting that a printer’s proof of an advertisement
`would not be an acceptable specimen because it does not show actual use in commerce).  In addition, a photograph of the mark on a label, tag, or
`piece of paper placed on top of applicant’s or a third party’s goods or packaging is generally not acceptable to show applicant’s use of the
`applied-for mark in commerce.  See 15 U.S.C. §1127; TMEP §§904.03(a), 904.07(a).  Applicant must show the mark on applicant’s own goods
`or packaging as it is seen by the purchasing public, with goods that have actually been sold or transported in commerce.  See TMEP §904.07(a).
`
`In this case, the specimen submission appears to consist of a webpage but includes information in a foreign language and with foreign currency
`amounts.  This specimen raises the question of whether this webpage is actually in use, and is being used in interstate commerce. This results in
`the determination that the specimen submission appears to have been created only for purposes of submission to the USPTO, and does not
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`represent goods actually sold in U.S. commerce.  
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`An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark in use in commerce for each
`international class of goods and/or services identified in the application or amendment to allege use.  15 U.S.C. §1051(a)(1); 37 C.F.R.
`§§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).  “Use in commerce” means (1) a bona fide use of the applied-for mark in the ordinary course
`of trade (and not merely to reserve a right in the mark), (2) the mark is placed in any manner on the goods, packaging, tags or labels, or displays
`of the goods, and (3) the goods are actually sold or transported in commerce.  See 15 U.S.C. §1127.
`
`In addition to the examples of specimens in (2) in the above paragraph, examples of specimens for goods also include instruction manuals,
`containers, and webpages that include a picture or textual description of the goods associated with the mark and the means to order the goods. 
`
`See TMEP §§904.03 et seq.  
`
`Applicant may respond to this refusal by satisfying one of the following for each applicable international class:
`
`(1)      
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`Submit a different specimen (a verified “substitute” specimen) that (a) was in actual use in commerce at least as early as the filing
`date of the application or prior to the filing of an amendment to allege use and (b) shows the mark in actual use in commerce for
`the goods and/or services identified in the application or amendment to allege use.  A “verified substitute specimen” is a
`specimen that is accompanied by the following statement made in a signed affidavit or supported by a declaration under 37 C.F.R.
`§2.20:  “The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early
`as the filing date of the application or prior to the filing of the amendment to allege use.”   The substitute specimen cannot be
`accepted without this statement.
`
`(2)      
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`Amend the filing basis to intent to use under Section 1(b), for which no specimen is required.  This option will later necessitate
`additional fee(s) and filing requirements such as providing a specimen.
`
`For an overview of both response options referenced above and instructions on how to satisfy either option online using the Trademark Electronic
`Application System (TEAS) form, please go to the Specimen webpage.
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`OPPORTUNITY TO RESPOND
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`Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in
`support of registration.
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`If applicant responds to the refusal(s), applicant must also respond to the requirement(s) set forth below.
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`REQUIREMENT(S)
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`INFORMATION ABOUT SPECIMEN REQUIRED
`A specimen must show the mark as used in commerce, which means use in the ordinary course of trade (not merely to reserve a right in the
`mark).  15 U.S.C. §§1051, 1052, 1127.  A specimen shows a mark used in commerce for services only if it displays the mark in the sale,
`advertising, or rendering of the services, and the services are actually rendered in commerce.  15 U.S.C. §1127.  Because the specimen of record
`appears to be digitally created or altered, or otherwise a mock-up, it does not appear to show the mark as actually used in commerce.  Therefore,
`to permit proper examination of the application, applicant must submit additional information for the record about the specimen and how the
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`mark as shown in the specimen is in use in commerce with applicant’s services.   See 37 C.F.R. §2.61(b); TMEP §814.  
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`Accordingly, applicant must respond to the following questions and requests for documentation to satisfy this request for information:
`
`(1)      
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`How are applicant’s services advertised or otherwise offered for sale?  If advertised online, identify the websites and provide
`copies of the webpages showing the services for sale.  If advertised in printed newspapers and publications, provide copies of the
`print advertisements.  And if advertised or otherwise offered for sale using another method, provide documentation showing the
`services for sale using the other method.
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`(2)       Was the specimen created for submission with this application?
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`(3)      
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`Does the specimen show applicant’s storefront and/or delivery vehicle as it currently appears in the rendering of the services?
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`(4)      
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`How is applicant’s mark used in the actual rendering or performing of the services?  Provide photos and other documentation
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`showing how applicant’s mark is actually used when the services are being rendered or performed.   
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`(5)      
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`Please provide copies of invoices, bills of sale, or other documentation of sales of the services.
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`(6)      
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`For each webpage submission, either as a specimen or as supporting evidence, applicant must provide a digital copy of the entire
`webpages (including URL) from top to bottom, as rendered in an Internet browser, to permit proper and complete examination of
`this application and an accurate record of the entirety of the webpage submission.
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`See 37 C.F.R. §2.61(b); TMEP §814.
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`Failure to comply with a request for information is grounds for refusing registration.  In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016);
`TMEP §814.  Merely stating that information is available on applicant’s website is an insufficient response and will not make the relevant
`information of record.  See In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004).
`
`If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney.  All relevant e-mail
`communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this
`Office action and will not extend the deadline for filing a proper response.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. 
`Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this
`Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights.  See TMEP §§705.02,
`709.06.
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`Pro Se Advisory
`The following information applies only if the applicant chooses to respond to the Office action.  No set form is required for response to this
`Office action.  However, the applicant must respond to each refusal(s) and/or requirement(s) raised.  The applicant should simply set forth the
`required changes or statements and request that the Office enter them.  If the response is filed electronically through the Trademark Electronic
`Application System (TEAS), then applicant should sign the response by entering a “symbol” that applicant has adopted as a signature (e.g., /john
`doe/, /drl/, and /544-4925/).  The Office will accept any combination of letters, numbers, spaces and/or punctuation marks as a valid signature if
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`it is placed between two forward slash (“/”) symbols.   37 C.F.R. §§2.33(d) and 2.193(c)(1)(iii); TMEP §§304.07 and 804.05.  
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`Applicant should include the following information on regular mail or facsimile correspondence with the Office [not necessary if the
`correspondence is filed electronically via TEAS]:  (1) the name and law office number of the trademark examining attorney; (2) the serialnumber
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`of this application; (3) the mailing date of this Office action; and, (4) applicant's telephone number.  37 C.F.R. §2.194(b)(1); TMEP §302.03(a). 
`To expedite prosecution of this application, applicant is encouraged to file its response to this Office action through the TEAS, available at
`<http://www.uspto.gov/teas/index.html>.  If needed, the applicant should call the Trademark Assistance Center (TAC) for help in using TEAS. 
`TAC may be reached at (571) 272-9250 or (800) 786-9199.  TAC is open from 8:30 a.m. to 8:00 p.m. Eastern Standard Time, Monday through
`Friday, except on federal holidays.
`
`The following legal authorities govern the processing of trademark and service mark applications by the Office:  The Trademark Act, 15 U.S.C.
`§§1051 et seq., the Trademark Rules of Practice, 37 C.F.R. Part 2, and the Office’s Trademark Manual of Examining Procedure (TMEP) (4th
`ed., 2005), available on the United States Patent and Trademark Office web site at <http://www.uspto.gov/main/trademarks.htm>.  The TMEP is
`a detailed guidebook written by the Office to explain the laws and procedures that govern the trademark application, registration and post
`registration processes.  The TMEP is the manual that examining attorneys use when examining applications.  Please note that this “Office
`action” will give references to the TMEP, e.g., TMEP §904.04.  The applicant should refer to the cited section of the TMEP for information
`regarding the specific issue raised.
`
`TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL
`REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE:  Applicants who filed their application online
`using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office
`actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3)
`agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application.  See 37 C.F.R. §§2.22(b), 2.23(b);
`TMEP §§819, 820.  TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125
`per class of goods and/or services.  37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04.  However, in certain situations, TEAS
`Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring
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`this additional fee.     
`
`/Tricia Sonneborn/
`Tricia Sonneborn
`Trademark Examining Attorney – Law Office 110
`United States Patent & Trademark Office
`(571) 272-9225
`
`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
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`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.  
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`PERIODICALLY CHECK THE STATUS OF THE APPLICATION:   To ensure that applicant does not miss crucial deadlines or official
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` 
` 
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` 
`  
`

`

`Pfint:0m524,201fl
`
`T921flflfl2
`
`DESIGN MARK
`
`serial Number
`TSZlOOOZ
`
`Status
`REGISTERED
`
`Word Mark
`LoTDSHoP
`
`Standard Character Mark
`Yes
`
`Registration Number
`5403914
`
`Date Registered
`zoisxozxzo
`
`Type of Mark
`SERVICE MARK
`
`Register
`PRINCIPAL
`
`Mark Drawing Code
`[4]
`STANDARD CHARACTER MARK
`
`Owner
`VIETNAM AIRLINES JSC JoINT STCCK COMPANY VIETNAM No.200, Nguyen Son
`Street, Bo De Ward, Long Bien District Hanoi City VIETNAM
`
`GoodsfServiees
`
`G d S: Export and
`100 101 102.
`US
`IC 035.
`Class Status -- ACTIVE.
`import agencies in the field of chemical products used in industry,
`unprocessed artificial resins, unprocessed plastics, fertilizers, tire
`extinguishing composition, preparations for hardening,
`tempering,
`welding metal, chemical substances for preserving foodstuffs,
`leather—dressing chemicals, adhesives for industrial purpose,
`colorants, paints, varnishes, anti—rust preparations and wood
`preservatives, dyes, mordants, bleaching preparations,
`laundry
`bleaching preparations, soaps, perfumery, essential oils, cosmetics,
`hair lotions, dentifrices,
`industrial oils,
`industrial greases,
`lubricants, dust absorbing, wetting and binding compositions, fuel and
`illuminating wax, pharmaceutical, sanitary preparations for medical
`
`purpose,
`foods and dietetic substances for medical use or veterinary
`
`purpose,
`’ood “or babies, dietary substances for human and animals,
`plasters for medical purpose, medical materials for dressings,
`materials for stopping teeth, dental wax, disinfectants, preparations
`for destroying vermin, fungicides, herbicides,
`foundry molds of metal,
`
`
`
`.1.
`
`

`

`Pfint:0m524,201fl
`
`T921flflfl2
`
`
`
`P PtE
`
`building materials not of metal, refractory construction materials of
`metal, agricultural machines, machine tools, motors and engines other
`than for land vehicles, engines and motors for land vehicles,
`hand—held tools other than hand—operated, hand operated hand tools,
`electric apparatus and instruments, namely, eleCtric lights, electric
`
`wires, electric switches, electric sockets, electric plugs, electric
`interrupter, electric cabinets, electric conduits, connectors for
`electric lines, electric connectors, electric distribution boxes,
`electric junction boxes, electric couplings, electric distribution box
`caps, electric conduit clamps, electric boards, electric relays,
`fuses, circuit breakers, electric ballasts,
`lightning arresters,
`electric saving equipments, electric measuring equipments, electronic
`apparatus and instruments, namely,
`television apparatus, cassette
`_ayers, sounding apparatus and machines, digital devices, disk
`layers,
`loudspeaker, amplifiers, microphones, voltage stabilizer,
`ape recorders, headphones, electric refrigeration appliances, namely,
`lectric water heaters, fridges, solar—powered water healers, air
`conditioners, washing machines, electric clothes dryers,
`dehumidifiers, conservators, coolers, electric household instruments,
`namely, high—speed electric kettles,
`infusion kettles,
`irons,
`induction cookers, gas cookers, electric thermo pots, cold and hot
`water dispensers, electric cooking utensils, charging lights,
`microwave ovens, toasters, electric hot pots, sandwich toasters,
`liquidizers, fruit juicers, coffee machines, multipurpose grinders,
`soup liquidizers, neutralized machines, exhausters, vacuum cleaners,
`dishes driers, hair driers, water purifying machines, dishwashers, air
`filtering installations, soya-bean grinders, oil heating machines,
`humidifiers, rice cookers, pressure—cooker, stewing cookers, fans,
`electric generators, bowls, plates, knife, spoons, fork, chopsticks,
`pots, pans, glasses, cups,
`lighting apparatus, apparatus for recording
`and transmission or reproduction of sound or images, communication
`apparatus and equipments, namely,
`telephones, heating apparatus,
`cooking apparatus, stea