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. 79147317
MARK: AIMA
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CORRESPONDENT ADDRESS: BEIJING VOSON INT'L; PROPERTY ATTORNEY C Room 1301, Tower C, Weibo Times Center, |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: TIANJIN AIMA TECHNOLOGY CO.,LTD.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
INTERNATIONAL REGISTRATION NO. 1203972
STRICT DEADLINE TO RESPOND TO THIS NOTIFICATION: TO AVOID ABANDONMENT OF THE REQUEST FOR EXTENSION OF PROTECTION OF THE INTERNATIONAL REGISTRATION, THE USPTO MUST RECEIVE A COMPLETE RESPONSE TO THIS PROVISIONAL FULL REFUSAL NOTIFICATION WITHIN 6 MONTHS OF THE “DATE ON WHICH THE NOTIFICATION WAS SENT TO WIPO (MAILING DATE)” LOCATED ON THE WIPO COVER LETTER ACCOMPANYING THIS NOTIFICATION.
In addition to the Mailing Date appearing on the WIPO cover letter, a holder (hereafter “applicant”) may confirm this Mailing Date using the USPTO’s Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. To do so, enter the U.S. application serial number for this application and then select “Documents.” The Mailing Date used to calculate the response deadline for this provisional full refusal is the “Create/Mail Date” of the “IB-1rst Refusal Note.”
This is a PROVISIONAL FULL REFUSAL of the request for extension of protection of the mark in the above-referenced U.S. application. See 15 U.S.C. §1141h(c). See below in this notification (hereafter “Office action”) for details regarding the provisional full refusal.
SEARCH OF OFFICE’S DATABASE OF MARKS
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).
Applicant must respond to the requirements set forth below.
IDENTIFICATION OF GOODS AND SERVICES
Applicant has identified its goods and services as set forth below. The terms appearing in bold letters in the identification of goods and services are unacceptable because they are indefinite, overly broad and could include goods or services in multiple classes as more fully explained in the parenthetical information following each listing.
Class 9: Speed checking apparatus for vehicles; kilometer recorders for vehicles; materials for electricity mains (wires, cables){indefinite – applicant must specify the goods with particularity, e.g., materials for electricity mains, namely, wires and cables}; eyeglasses; protective helmets; batteries, electric; accumulators, electric; accumulator boxes; chargers for electric batteries; portable controlled car arrester{indefinite – applicant must clarify the nature of the goods in Class 9 – no known suggestion (note that barricade systems are classified according to their material composition in Classes 6 and 19 and classification cannot be amended}
Class 12: Electric bicycle; electric tricycle; bicycles; scooters (vehicles); electric vehicle{indefinite – applicant must specify the types of vehicles, e.g., land vehicles}; cycle cars{indefinite – applicant must clarify the nature of the goods, e.g., motorcycles}; motorcycles; vehicles for locomotion by land, air, water or rail{applicant must specify the air, water or rail vehicles with particularity, e.g., boats, airplanes, trains}; vehicle wheel tires; baby carriages.
Class 25: Clothing{indefinite – applicant must specify the articles of clothing with particularity, e.g., shirts, pants, jackets}; cyclists' clothing{indefinite – applicant must specify the articles of clothing with particularity, e.g., jerseys, pants, jackets}; footwear; caps (headwear); hosiery; gloves (clothing); layettes (clothing); scarves girdles{indefinite – applicant must clarify if these are two different goods, e.g., scarves and girdles, or clarify the nature of the goods by specifying their common commercial name}; waterproof clothing{indefinite – applicant must specify the articles of clothing with particularity, e.g., shirts, pants, jackets}.
Class 35: Advertising; outdoor advertising; dissemination of advertising matter; advertising planning{indefinite – applicant must clarify the nature of the services, e.g., special event planning for advertising services, advertising services in the nature of planning of advertisements}; organization of exhibitions for commercial or advertising purposes; commercial administration of the licensing of the goods and services of others; import-export agencies; sales promotion for others; procurement services for others (purchasing goods and services for other businesses){indefinite – applicant must specify the types of goods and services procured and must remove the parentheses and incorporate this information into the identification of services, e.g., “procurement services for others, namely, purchasing goods and services for other businesses, namely, clothing and vehicles”}
Applicant’s identification of goods/services must be as clear, specific, definite and concise as possible. Applicant is advised to use a semi colon to separate the goods or services, e.g., “restaurants; hotels”, and a comma when setting out a list of related items, e.g., “clothing, namely, pants, shirts.” Please note the examining attorney’s amendments to the punctuation below.
Note that in responding to this action, applicant must remove any parenthesis, brackets, braces, or terms such as “e.g.” from the identification of goods and/or services and incorporate any applicable illustrative or parenthetical information into the description. Generally, parentheses, braces and brackets should not be used in identifications. Parenthetical information is only permitted in identifications if it serves to explain or translate the matter immediately preceding the parenthetical phrase in such a way that it does not affect the clarity of the identification, e.g., “obi (Japanese sash).” TMEP §1402.12.
Additionally, applicant must list the goods and/or services separated by international class number in ascending numerical order. TMEP §§801.01(b) and 1403.01.
Applicant may adopt the following identification of goods and services, if accurate:
Class 9: Speed checking apparatus for vehicles; kilometer recorders for vehicles; materials for electricity mains, namely, wires and cables; eyeglasses; protective helmets; batteries, electric; accumulators, electric; accumulator boxes; chargers for electric batteries; portable controlled car arrester, namely, {specify goods in Class 9}
Class 12: Electric bicycle; electric tricycle; bicycles; scooters (vehicles); electric land vehicles; cycle cars, namely, motorcycles; motorcycles; vehicles for locomotion by land, air, water or rail, namely, cars, boats, airplanes, trains; vehicle wheel tires; baby carriages
Class 25: Clothing, namely, shirts, pants, jackets; cyclists' clothing, namely, jerseys, pants, jackets; footwear; caps (headwear); hosiery; gloves (clothing); layettes (clothing); scarves; girdles; waterproof clothing, namely, shirts, pants, jackets
Class 35: Advertising; outdoor advertising; dissemination of advertising matter; advertising services in the nature of planning of advertisements; organization of exhibitions for commercial or advertising purposes; commercial administration of the licensing of the goods and services of others; import-export agencies; sales promotion for others; procurement services for others, namely, purchasing goods and services for other businesses, namely, clothing and vehicles
TMEP §§1402.01 and 1402.03.
For assistance with identifying and classifying goods and/or services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.
MARK DESCRIPTION REQUIRED
Therefore, applicant must provide a description of the applied-for mark. The following is suggested:
The mark consists of the word AIMA where the “IM” is made up of four diagonal lines and both of the letters “A” have elongated center lines.
RESPONSE TO THIS ACTION
WHO IS PERMITTED TO RESPOND TO THIS PROVISIONAL FULL REFUSAL: Any response to this provisional refusal must be personally signed by an individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant (e.g., a corporate officer or general partner). 37 C.F.R. §§2.62(b), 2.193(e)(2)(ii); TMEP §712.01. If applicant hires a qualified U.S. attorney to respond on his or her behalf, then the attorney must sign the response. 37 C.F.R. §§2.193(e)(2)(i), 11.18(a); TMEP §§611.03(b), 712.01. Qualified U.S. attorneys include those in good standing with a bar of the highest court of any U.S. state, the District of Columbia, Puerto Rico, and other federal territories and possessions of the United States. See 37 C.F.R. §§2.17(a), 2.62(b), 11.1, 11.14(a); TMEP §§602, 712.01. Additionally, for all responses, the proper signatory must personally sign the document or personally enter his or her electronic signature on the electronic filing. See 37 C.F.R. §2.193(a); TMEP §§611.01(b), 611.02. The name of the signatory must also be printed or typed immediately below or adjacent to the signature, or identified elsewhere in the filing. 37 C.F.R. §2.193(d); TMEP §611.01(b).
In general, foreign attorneys are not permitted to represent applicants before the USPTO (e.g., file written communications, authorize an amendment to an application, or submit legal arguments in response to a requirement or refusal). See 37 C.F.R. §11.14(c), (e); TMEP §§602.03-.03(b), 608.01.
DESIGNATION OF DOMESTIC REPRESENTATIVE: The USPTO encourages applicants who do not reside in the United States to designate a domestic representative upon whom any notice or process may be served. TMEP §610; see 15 U.S.C. §§1051(e), 1141h(d); 37 C.F.R. §2.24(a)(1)-(2). Such designations may be filed online at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.
/Charlotte K. Corwin/
Trademark Examining Attorney
Law Office 119
Charlotte.Corwin@USPTO.GOV
(571) 270-1532 (phone)
(571) 270-2532 (fax)
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.