Offc Action Outgoing

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:

OPEN APPLICATION ISSUES THAT MUST BE ADDRESSED IN RESPONSE TO OFFICE ACTION:

The following are the open application issues that the applicant must address in order to have a complete response to this Office action:

-Requirement for Clarification of Inconsistency Between Application Owner and Legal Entity Information

-Requirement for Submission of a Mark Description Statement

-Requirement for Clarification of Identification Language

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.

The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d). In order to pursue registration, however, the applicant must respond to the following requirements.

REQUIREMENT for Clarification of Inconsistency Between Application Owner and Legal Entity Information

The name of a corporation “Water, Inc” appears in the section of the application intended for the trademark owner’s name; however, the entity type is set forth as an individual. Applicant must clarify this inconsistency. TMEP §803.02(a).

If applicant is a corporation, the applicant must request that the Legal Entity be amended to “corporation” and the applicant must provide the legal name of the corporation and U.S. state or foreign country of incorporation or organization. See 37 C.F.R. §2.32(a)(2), (a)(3)(ii); TMEP §§803.02(c), 803.03(c). Alternatively, if the applicant is an individual, applicant must list the individual by name and must indicate his or her country of citizenship. See 37 C.F.R. §2.32(a)(3)(i); TMEP §803.04. Alternatively,

Please note that if, in response to the above request, applicant provides information indicating that it is not the owner of the mark, registration will be refused because the application was void as filed. See 37 C.F.R. §2.71(d); TMEP §§803.06, 1201.02(b). An application must be filed by the party who owns or is entitled to use the mark as of the application filing date. TMEP §§1201, 1201.02(b).

REQUIREMENT for Submission of a Mark Description Statement

The applied-for mark is not in standard characters and applicant did not provide a description of the mark with the initial application. Applications for marks not in standard characters must include an accurate and concise description of the entire mark that identifies literal elements as well as any design elements. See 37 C.F.R. §2.37; TMEP §§808.01, 808.02, 808.03(b).

Therefore, applicant must provide a description of the applied-for mark. The following is suggested:

The mark consists of the stylized wording “EVERBREW” appearing under the design of a coffee cup on a saucer with three wavy steam lines emanating from the top of cup.

REQUIREMENT for Clarification of Identification Language

The identification for “water treatment equipment for commercial and residential use” in International Class 011 must be clarified because it is too broad and could identify goods in more than one international class. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. For example, “semiconductor wafer processing equipment” is classified in International Class 7; “computer peripheral equipment” is classified in International Class 9; “endoscopic equipment for medical purposes” is classified in International Class 10; “water treatment equipment, namely, water filtration units” is classified in International Class 11; and “sports equipment for boxing, namely, boxing bags” is classified in International Class 28. Therefore, applicant must amend this wording to specify either the common generic name of each piece of equipment or to describe the nature, purpose, and/or intended use of the equipment. See TMEP §§1402.01, 1402.03.

Applicant’s goods may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods or add goods not found or encompassed by those in the original application or as acceptably amended. See TMEP §1402.06(a)-(b). The scope of the goods sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification. TMEP §§1402.06(b), 1402.07(a)-(b). Any acceptable changes to the goods will further limit scope, and once goods are deleted, they are not permitted to be reinserted. TMEP §1402.07(e).

The applicant may address the issues raised in this Requirement by amending to some or all of the following in International Class 011, if accurate:

Water treatment equipment for commercial and residential use namely, {specify, e.g., water filtration units, reverse osmosis units, ultraviolet sterilization units}

Please note that parentheses are not acceptable in the identification. See TMEP Section 1402.12. Where the wording “{specify …}” appears in this Office Action, the examining attorney has merely suggested ways to cure the indefiniteness of the identification. The applicant must list the goods and/or services without parentheses.

For assistance with identifying and classifying goods in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.

If applicant has any questions about its application or needs assistance in responding to this Office Action please telephone the assigned trademark examining attorney directly at the number listed below.

/Amy Kean/

Trademark Attorney, Law Office 112

Phone: 571-272-8854

Amy.Kean@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.