To:
`Subject:
`Sent:
`Sent As:
`
`Michael P. Eddy(meddy@patent.org)
`U.S. Trademark Application Serial No. 97216809 - JAG - 4050-03
`August 02, 2022 10:52:20 PM EDT
`tmng.notices@uspto.gov
`
`Attachments
`
`United States Patent and Trademark Office (USPTO)
`Office Action (Official Letter) About Applicant’s Trademark Application
`
`
`
`U.S. Application Serial No.  97216809
`
`Mark:   JAG
`
`Correspondence Address:  
`MICHAEL P. EDDY
`LAW OFFICE OF MICHAEL P. EDDY
`12526 HIGH BLUFF DRIVE, SUITE 300
`SAN DIEGO CA 92130 UNITED STATES
`
`Applicant:   Vip wears (pvt) Ltd
`
`Reference/Docket No.  4050-03
`
`Correspondence Email Address:   meddy@patent.org
`
`
`
`
`
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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:   August 02, 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.
`
`SEARCH OF OFFICE RECORDS - NO CONFLICTING MARKS FOUND
`
`

`

`
`The trademark examining attorney has searched the USPTO database of registered and pending marks
`and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15
`U.S.C. §1052(d); TMEP §704.02.
`
`However, before the mark can be approved for publication (the next step in the registration process),
`the following requirement(s) must be satisfied:
`
`SUMMARY OF ISSUES:
`
`
`•
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`IDENTIFICATION OF GOODS - INTERNATIONAL CLASS 25
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`
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`INDEFINITE/MISCLASSIFIED IDENTIFICATION OF GOODS - INTERNATIONAL CLASS
`25
`
`The identification of goods reads as follows:
`
`
`The wording “Clothing, namely, athletic sleeves” in the identification of goods is indefinite and must
`be clarified because it is indefinite as to the specific type of sleeves. See 37 C.F.R. §2.32(a)(6); TMEP
`§1402.01. Applicant may substitute the following wording, if accurate: “Padded elbow compression
`sleeves sold as an integral component of athletic clothing, namely, racing jackets.”
`
`Applicant has classified “Compression garments for athletic or other non-medical use, namely,
`ompression socks, stockings, leggings, jerseys, vests, and trousers” in International Class 25; however,
`the proper classification is International Class 10. Therefore, applicant may respond by (1) adding
`International Class 10 to the application and reclassifying these goods and/or services in the proper
`international class, (2) deleting “Compression garments for athletic or other non-medical use, namely,
`ompression socks, stockings, leggings, jerseys, vests, and trousers” from the application, or (3) deleting
`the remainder of the items in the identification and reclassifying the specified goods and/or services in
`the proper international class. See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq. If applicant adds
`one or more international classes to the application, applicant must comply with the multiple-class
`requirements specified in this Office action.
`
`The wording “Wrist bands” in the identification of goods is indefinite and must be clarified because it
`is indefinite as to the specific purpose of the wrist bands. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
`Applicant may substitute the following wording, if accurate: “Wrist bands in the nature of clothing .”
`
`
`
`Please be advised that an applicant may amend the identification to clarify or limit the goods and/or
`services, but not to broaden or expand the goods and/or services beyond those in the original
`application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted
`goods and/or services may not later be reinserted. See TMEP §1402.07(e). Additionally, for
`applications filed under Trademark Act Section 66(a), the scope of the identification for purposes of
`permissible amendments is limited by the international class assigned by the International Bureau of the
`World Intellectual Property Organization (International Bureau); and the classification of goods and/or
`services may not be changed from that assigned by the International Bureau. 37 C.F.R. §2.85(d); TMEP
`
`

`

`§§1401.03(d), 1904.02(b). Further, in a multiple-class Section 66(a) application, classes may not be
`added or goods and/or services transferred from one existing class to another. 37 C.F.R. §2.85(d);
`TMEP §1401.03(d).
`
`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.
`
`MULTIPLE CLASS APPLICATION REQUIREMENTS
`
`The application identifies goods and/or services that are (or may be) classified in more than one
`international class; therefore, applicant must satisfy all the requirements below for each international
`class based on Trademark Act Section 1(b):
`
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`(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(s) already paid
`(view the USPTO’s current fee schedule).  The application identifies goods and/or services that
`are (or may be) classified in at least 3 classes; however, applicant submitted a fee(s) sufficient for
`only 2 class(es).  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.
`
`RESPONSE GUIDELINES
`
`Response guidelines. For this application to proceed, applicant must explicitly address each refusal
`and/or 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.
`
`
`
`
`How to respond.   Click to file a response to this nonfinal Office action.
`
`

`

`
`
`/Jennifer Button/
`Jennifer Button
`Trademark Examining Attorney
`Law Office 105
`(571) 272-8279
`jennifer.button@uspto.gov
`
`
`
`RESPONSE GUIDANCE
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`•
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`•
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`•
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`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 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.
`
`

`

`United States Patent and Trademark Office (USPTO)
`
`USPTO OFFICIAL NOTICE
`
`Office Action (Official Letter) has issued
`on August 02, 2022 for
`U.S. Trademark Application Serial No.  97216809
`
`A USPTO examining attorney has reviewed your trademark application and issued an Office
`action.  You must respond to this Office action in order to avoid your application
`abandoning.  Follow the steps below.
`
`(1)   Read the Office action. This email is NOT the Office action.
`
`(2)  Respond to the Office action by the deadline using the Trademark Electronic Application
`System (TEAS). Your response must be received by the USPTO on or before 11:59 p.m.
`Eastern Time of the last day of the response period. Otherwise, your application will be
`abandoned. See the Office action itself regarding how to respond.
`
`(3)  Direct general questions about using USPTO electronic forms, the USPTO website, the
`application process, the status of your application, and whether there are outstanding deadlines
`to the Trademark Assistance Center (TAC).
`
`After reading the Office action, address any question(s) regarding the specific content to the
`USPTO examining attorney identified in the Office action.
`
`GENERAL GUIDANCE
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`•
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`•
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`•
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`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 to ensure you receive important USPTO
`notices about your application.
`
`Beware of trademark-related scams . Protect yourself from people and companies that
`may try to take financial advantage of you. Private companies may call you and pretend
`to be the USPTO or may send you communications that resemble official USPTO
`documents to trick you. We will never request your credit card number or social security
`number over the phone. And all official USPTO correspondence will only be emailed
`from the domain “@uspto.gov.” Verify the correspondence originated from us by using
`your Serial Number in our database, TSDR, to confirm that it appears under the
`“Documents” tab, or contact the Trademark Assistance Center. 
`
`

`

`•
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`Hiring a U.S.-licensed attorney . If you do not have an attorney and are not required to
`have one under the trademark rules, we encourage you to hire a U.S.-licensed attorney
`specializing in trademark law to help guide you through the registration process. The
`USPTO examining attorney is not your attorney and cannot give you legal advice, but
`rather works for and represents the USPTO in trademark matters.
`
` 
`