To: | KARMA AUTOMOTIVE, LLC (mfarjami@farjami.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 76719929 - 058TO906 |
Sent: | 9/13/2017 2:50:25 PM |
Sent As: | ECOM105@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 76719929
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: KARMA AUTOMOTIVE, LLC
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
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: 9/13/2017
THIS IS A FINAL ACTION.
This Office action is in response to applicant’s communication filed on July 18, 2017.
The following requirement has been satisfied and is now withdrawn: description of the mark.
The following requirements are now made FINAL: acceptable identification of goods. See 37 C.F.R. §2.63(b).
In the Office Action dated February 28, 2017, the examining attorney required the applicant to clarify and amend the goods in the application and the applicant responded with an amended Identification of Goods. The proposed amendments with respect to the identification of goods cannot be accepted because the wording remains indefinite because it is a description of the mark. In addition, the identification of goods is not acceptable because applicant has used the same language to describe goods in more than one international class. See 37 C.F.R. §2.32(a)(6); TMEP §1401.05(c). Generally, identical language cannot be used to describe goods in more than one international class. TMEP §1401.05(c). For the USPTO to determine the proper classification of applicant’s goods, applicant must specify the nature of the goods or purpose for which they are being used. Id. Finally, as indicated in the first Office Action, applicant must indicate with greater specificity, the nature of the displays (examples: electronic display screen, electric luminescent display panel, electronic display interfaces, liquid crystal display, etc.}
In this case, classification would be determined by the nature of the goods or purpose for which they are being used. Thus, applicant must amend the identification to specify the nature or purpose of the goods using wording that is relevant to each designated international class. See id.
The original identification of goods read as follows:
Class 009
· displays within transportation vehicles, such as displays within automobiles
The proposed amended identification of goods now reads:
· The mark is a design of an electronic display for use within automobiles
The proposed amended identification of goods is not acceptable because it is a description of the mark, rather than a clarification of the identification of goods. Applicant must amend this wording to specify the common commercial or generic name of the goods. See TMEP §1402.01.
Applicant may consider the following suggestion:
· {SPECIFY, E.G, electronic display screen, electric luminescent display panel, electronic display interfaces, liquid crystal display, etc.} for use within automobiles
Class 012
The original identification of goods read as follows:
· Transportation vehicles, such as automobiles
The proposed amended identification of goods now reads:
· The mark is a design of an electronic display for use within automobiles
As indicated above, the amendment is not acceptable as it is a description of the mark, and in addition, is repetitive of the identification in Class 009. Applicant must amend this wording to specify the common commercial or generic name of the goods. See TMEP §1402.01.
The following is suggested, if accurate:
· Transportation vehicles, namely, automobiles
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.
PROPER RESPONSE TO FINAL REFUSAL
(1) a response filed using the Trademark Electronic Application System (TEAS) that fully satisfies all outstanding requirements and/or resolves all outstanding refusals; and/or
(2) an appeal to the Trademark Trial and Appeal Board filed using the Electronic System for Trademark Trials and Appeals (ESTTA) with the required filing fee of $200 per class.
37 C.F.R. §2.63(b)(1)-(2); TMEP §714.04; see 37 C.F.R. §2.6(a)(18); TBMP ch. 1200.
In certain rare circumstances, an applicant may respond by filing a petition to the Director pursuant to 37 C.F.R. §2.63(b)(2) to review procedural issues. TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters). There is a fee required for filing a petition. 37 C.F.R. §2.6(a)(15).
Trademark Examining Attorney
Law Office 105
Phone: (571) 270-1517
Fax: (571) 270-2517
caryn.glasser@uspto.gov
TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/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.gov.uspto.report/. 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.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.