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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`IGE LLC (MJSdocket@hbiplaw.com)
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`U.S. Trademark Application Serial No. 88411345 - C - 2771-9
`
`July 19, 2019 02:49:57 PM
`
`ecom113@uspto.gov
`
`United States Patent and Trademark Office (USPTO)
`Office Action (Official Letter) About Applicant’s Trademark Application
`
`U.S. Application Serial
`No. 88411345
`
`            
`
`Mark:   C
`
`Correspondence
`
`Address:   
`
`      Matthew J. Solow
`      HOFFMANN &
`  
`BARON, LLP
`        
`6900 Jericho
`Turnpike
`         Syosset NY
`11791-4407
`  
`Applicant:   IGE LLC
`
`    
`
`          
`   
`
`Reference/Docket No.
`2771-9
`
`Correspondence Email
`
`Address:     
`
`   
`MJSdocket@hbiplaw.com
`
`COMBINED EXAMINER’S AMENDMENT/PRIORITY ACTION 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:   July 19, 2019
`
`  
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`The referenced application has been reviewed by the assigned trademark examining attorney.
`
`PRIORITY ACTION
`
`USPTO database searched; no conflicting marks found.   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.
`
`Applicant must address issues shown below.  On Friday, July 19, 2019, the examining attorney and applicant’s attorney, Matthew Solow,
`discussed the issues below. Applicant must timely respond to these issues.  See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.
`
`SUMMARY OF ISSUES:
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`New Specimen Required – Mark Drawing and Specimen Do Not Match
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`NEW SPECIMEN REQUIRED – MARK DRAWING AND SPECIMEN DO NOT MATCH
`
`Registration is refused because the specimen does not show the mark in the drawing in use in commerce in International Classes 020 and 024,
`which is required in the application. 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), 1301.04(g)(i).  The mark appearing on the specimen and in the drawing must match; that is, the mark in the drawing “must be
`
`a substantially exact representation of the mark” on the specimen.   See 37 C.F.R. §2.51(a)-(b); TMEP §807.12(a).  
`
`In this case, the specimen displays the mark as a stylized letter “C” inside the outline of a stylized diamond shape.   However, the drawing
`displays the mark as a stylized letter “C” inside of a filled-in stylized diamond shape with no outline.   The mark on the specimen does not match
`the mark in the drawing because the stylized diamond shape is different in the specimen, where the diamond shape is just an outline, and in the
`mark drawing, where the diamond shape is filled-in with no outline. Applicant has thus failed to provide the required evidence of use of the mark
`in commerce.  See TMEP §807.12(a).
`
`Applicant may respond to this refusal by satisfying one of the following:
`
`(1)      
`
`(2)      
`
`Submit a new drawing of the mark that shows the mark on the specimen and, if appropriate, an amendment of the description
`and/or color claim that agrees with the new drawing.  See 37 C.F.R. §2.72(a)-(b).  Applicant may amend the mark in the drawing
`to match the mark on the specimen but may not make any other changes or amendments that would materially alter the drawing of
`the mark.  See 37 C.F.R. §2.72(a)-(b); TMEP §807.14.
`
`Submit a different specimen (a verified “substitute” specimen ) for each applicable international class that (a) shows the mark in
`the drawing in actual use in commerce for the goods in the application, and (b) was in actual use in commerce at least as early as
`the filing date of the application.
`
`Examples of specimens for goods include tags, labels, instruction manuals, containers, photographs that show the mark on the
`actual goods or packaging, and displays associated with the actual goods at their point of sale.  See TMEP §§904.03 et seq. 
`Webpages may also be specimens for goods when they include a picture or textual description of the goods associated with the
`
`mark and the means to order the goods.  TMEP §904.03(i).  
`
`For more information about drawings and instructions on how to satisfy these response options online using the Trademark Electronic
`Application System (TEAS) form, see the Drawing webpage.
`
`RESPONSE GUIDELINES
`
`Please call or email the assigned trademark examining attorney with questions about this Office action.  Although the trademark examining
`attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with
`additional explanation about the requirement in this Office action.  See TMEP §§705.02, 709.06.  Although the USPTO does not accept emails as
`responses to Office actions, emails can be used for informal communications and will be included in the application record.  See 37 C.F.R.
`
`§§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.  
`
`EXAMINER’S AMENDMENT
`
`Application has been amended as shown below.   As agreed to by the individual identified in the Priority Action section, the examining
`attorney has amended the application as shown below.   Please notify the examining attorney immediately of any objections.   TMEP §707.   In
`addition, applicant is advised that amendments to the goods are permitted only if they clarify or limit them; amendments that add to or broaden
`the scope of the goods are not permitted.  37 C.F.R. §2.71(a).
`
`IDENTIFICATION OF GOODS
`
`The identification of goods is amended to read as follows:  
`
`IC 024: “Mattress pads; Bed sheets; Pillow cases; Duvet covers; Comforters; Mattress protectors in the nature of mattress covers; Bed linen;
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`Mattress covers.”   
`
`See TMEP §§1402.01, 1402.01(e).
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`MARK DESCRIPTION
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`The following description of the mark replaces the current description of record:
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`            
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`The mark consists of a stylized letter “C” comprised of multiple geometric shapes inside of            
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`a stylized diamond shape.
`
`See 37 C.F.R. §§2.37, 2.72; TMEP §§808 et seq.
`
`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.    
`
`How to respond.   Click to file a response to this nonfinal Office action.
`
`/Rebecca D. Coughlan/
`Rebecca D. Coughlan
`Examining Attorney
`Law Office 113
`(571)272-4975
`rebecca.coughlan@uspto.gov
`
`   
`
`RESPONSE GUIDANCE
`Missing the response deadline to this letter will cause the application to abandon.   The response must be received by the USPTO
`before midnight Eastern Time of the last day of the response period.   TEAS maintenance or unforeseen circumstances could affect an
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`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.
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`To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`IGE LLC (MJSdocket@hbiplaw.com)
`
`U.S. Trademark Application Serial No. 88411345 - C - 2771-9
`
`July 19, 2019 02:49:59 PM
`
`ecom113@uspto.gov
`
`United States Patent and Trademark Office (USPTO)
`
`USPTO OFFICIAL NOTICE
`
`Office Action (Official Letter) has issued
`on July 19, 2019 for
`U.S. Trademark Application Serial No. 88411345
`
`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.   
`
`/Rebecca D. Coughlan/
`Rebecca D. Coughlan
`Examining Attorney
`Law Office 113
`(571)272-4975
`rebecca.coughlan@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 July 19, 2019, 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.”
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