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. 79150193
MARK: VENTO
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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: Amcor Flexibles Denmark ApS
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
INTERNATIONAL REGISTRATION NO. 1211585
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 Results
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).
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.
SUMMARY OF ISSUES that applicant must address:
Requirements
Identification of Goods
The identification of goods is indefinite and must be clarified because numerous of the entries are too broad and fail to state the common commercial name of the goods. See TMEP §1402.01. Further, the identification of goods includes numerous instances of the wording “or” and “and/or.” Generally, the terminology “and/or” and “or” is not sufficiently explicit language in identifications because it is not clear whether applicant is using the mark, or intends to use the mark, on all the identified goods or services. See TMEP §1402.03(a).
For example, “modems and/or monitors” could be read to mean “modems or monitors” and thus it is unclear which goods applicant intends to identify. Applicant could amend the identification to “modems” alone, or “monitors” alone, or “modems and monitors” if applicable. Therefore, applicant should replace “and/or” with “and” in the identification of goods, if appropriate, or rewrite the identification with the “and/or” deleted and the goods or services specified using definite and unambiguous language.
Applicant may adopt the following identification, if accurate (note that items in brackets and strikethroughs reflect suggested deletions whereas suggested additions are represented in capital letters):
Int. Class 06:
Strips [or] AND foils and lengths thereof made of metals, namely, aluminium, aluminium alloys, iron or ferrous alloys; multi-layer strips [or]
AND films and lengths thereof made mainly of metals namely, aluminium, aluminium alloys, iron or ferrous alloys in combination with at least one layer of non-metallic materials namely, plastics,
layers of lacquer [and/or] AND paper, ALL OF THE aforementioned films and foils BEING for packaging purposes; PACKAGING containers in the form of boxes,
pouches, sacks, sachets, wraps [or] AND bags made from the [aforementioned] strips, foils, [and] films [or] AND lengths thereof BEING MADE PRIMARILY OF
ALUMINIUM, ALUMINIUM ALLOYS, IRON OR FERROUS ALLOYS; [materials from the aforementioned strips,] CLOSURES AND SEALS FOR PACKAGING IN THE FORM OF foils, [and] films
[or] AND lengths thereof MADE PRIMARILY OF ALUMINIUM, ALUMINIUM ALLOYS, IRON OR FERROUS ALLOYS [tor the purpose of closing off or sealing off containers;] packaging foils of metal;
packaging containers of metal FOR COMMERCIAL AND INDUSTRIAL USE; container closure means of metal; cans of metals, can closures of metal; [strips or foils and lengths thereof made of metals,
namely, aluminium, aluminium alloys, iron or ferrous alloys- DUPLICATE;] multi-layer strips [or] AND films and lengths thereof made mainly of metals namely, aluminium, aluminium alloys,
iron or ferrous alloys in combination with at least one layer of non-metallic materials namely, plastics, layers of lacquer [and/or] AND paper, all OF THE aforementioned strips [or foils] AND
FILMS and lengths thereof including a valve [system]; packaging containers, namely, [in the form of] boxes, pouches, sacks, sachets, wraps [or] AND bags and
FEATURING container closureS [means] of metal [or] AND metal foils [or] AND of metals [or] metal foils in combination with at least one layer of non-metallic materials
namely, plastics, layers of lacquer [and/or] AND paper; packaging containers, namely, [in the form of] boxes, pouches, sacks, sachets, wraps [or] AND bags
and FEATURING container closureS [means] of metal [or] AND metal foils [or] AND of metals [or] metal foils in combination with at least one layer of non-metallic materials
namely, plastics, layers of lacquer [and/or] AND paper AND FEATURING [, all said packaging containers, including] a valve [system]; packaging containers, namely, [in the form of] boxes, pouches, sacks, sachets, wraps [or] AND bags and FEATURING container closureS [means] of metal [or] AND metal foils [or] AND
of metals [or] metal foils in combination with at least one layer of non-metallic materials namely, plastics, layers of lacquer [and/or] AND paper AND FEATURING [, all said packaging
containers, including] a valve [system], all [said] THE FOREGOING packaging containers [to pack or wrap,] FOR USE IN PACKING AND WRAPPING chunky, granulated, ground[,] AND powdery
materials, AND, roasted ground coffee[,] AND roasted coffee beans
Int. Class 16:
Containers, namely, boxes [, pouches, sacks, sachets, wraps or bags] of plastic [materials or mainly of plastic materials,
of] paper, AND, cardboard [or plastics and paper or cardboard]; Containers, namely, paper, plastic and cardboard pouches for packaging; Containers, namely, sacks, sachets, AND, wraps, ALL
BEING IN THE NATURE OF BAGS OF paper, plastic and cardboard for packaging; Containers, namely, bags of paper, cardboard [or] AND plastic FOR PACKAGING; single [or] AND multi-layer films
of plastic materials for packaging purposes; [containers namely boxes, pouches, sacks, sachets, wraps or bags of plastic materials or mainly of plastic materials, of paper, cardboard or plastics
and paper or cardboard - DUPLICATE;] single [or] AND multi-layer films of plastic materials for packaging purposes, all [said] OF THE FOREGOING [packaging containers
including] PACKAGING FILMS FEATURING a valve [system]; [containers namely boxes, pouches, sacks, sachets, wraps or bags of plastic materials or mainly of plastic materials, of paper,
cardboard or plastics, and paper of cardboard-DUPLICATE;] single or multi-layer films of plastic materials for packaging purposes, all [said] OF THE FOREGOING packaging FILMS
[containers including] FEATURING a valve [system], AND all [said] OF THE FOREGOING packaging [containers] FILMS for USE IN packing or wrapping chunky, granulated, ground,
AND powdery materials, AND roasted ground coffee[,] AND roasted coffee beans; multi-layer films, [mainly] PRIMARILY of plastic [materials] for packaging purposes; layer
materials, NAMELY, ____ {specify form, e.g., films, sheets, etc.} [in the form] of plastics, paper, AND, cardboard, ALL [or plastics and paper or cardboard] for
packaging purposes; adhesive bands FOR STATIONERY AND HOUSEHOLD PURPOSES[,]; adhesive strips, NAMELY, ____ {specify type in this class, e.g., adhesive strips for stationery
purposes, adhesive strips for office use}
Int. Class 17:
[Laminates (semi fabricated products)] SEMI-FINISHED LAMINATES , namely, LAMINATED [composites or multi-layer materials] COMPOSITE AND
MULTI-LAYER _____ {specify form, e.g., sheets, films} comprising [essentially of at least] PRIMARILY one layer of plastic [or] AND at least one layer of plastic
with at least one layer [or] OF foil [of] base metals FOR USE IN ____ {specify use in this class, e.g., the manufacture of packaging}; [strip shaped or film
shaped materials (semi fabricated products) for processing into means for covering, closuring or sealing containers, whereby the materials are of single or multi-layer films of plastic or are of
plastic materials, metal foils, metalized plastic foils, lacquer coatings, paper and/or cardboard, whereby the plastic material predominates] SEMI-FINISHED STRIPS AND FILMS PRIMARILY OF PLASTIC
AND BEING SINGLE AND MULTI-LAYERS OF PLASTIC COMPBINED WITH METAL FOILS, METALIZED PLASTIC FOILS, LACQUER COATINGS, PAPER, AND CARDBOARD, ALL FOR USE IN THE MANUFACTURE OF CONTAINER COVERS, SEALS,
AND, CLOSURES; packaging materials OF PLASTIC, NAMELY, PLASTIC SHEETS for [forming] THE MANUFACTURE OF seals AND [or a] valveS
[namely] for preserving THE freshness and aroma [on] OF ground and bean coffee after roasting
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 at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.
Translation
Applicant must submit an English translation of the mark. 37 C.F.R. §2.32(a)(9); TMEP §809.
The following translation statement is suggested:
The English translation of the word “VENTO” in the mark is “WIND”.
TMEP §809.03. See attached translation evidence, WordReference.com.
Response Advisories
If applicant does not respond to this Office action within six months of the issue/mailing date, or responds by expressly abandoning the application, the application process will end, the trademark will fail to register, and the application fee will not be refunded. See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a), 2.68(a), 2.209(a); TMEP §§405.04, 718.01, 718.02. Where the application has been abandoned for failure to respond to an Office action, applicant’s only option would be to file a timely petition to revive the application, which, if granted, would allow the application to return to active status. See 37 C.F.R. §2.66; TMEP §1714. There is a $100 fee for such petitions. See 37 C.F.R. §§2.6, 2.66(b)(1).
For attorney referral information, applicant may consult the American Bar Association’s Consumers’ Guide to Legal Help at http://www.abanet.org/legalservices/findlegalhelp/home.cfm, an attorney referral service of a state or local bar association, or a local telephone directory. The USPTO may not assist an applicant in the selection of a private attorney. 37 C.F.R. §2.11.
In addition, foreign attorneys, other than authorized Canadian 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. §§2.17(e), 11.14(c), (e); TMEP §602.03-.03(c).
The only attorneys who may practice before the USPTO in trademark matters are as follows:
(1) Attorneys 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
(2) Canadian agents/attorneys who represent applicants located in Canada and (a) are registered with the USPTO and in good standing as patent agents or (b) have been granted reciprocal recognition by the USPTO
See 37 C.F.R. §§2.17(a), (e), 11.1, 11.14(a), (c); TMEP §602.
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).
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.
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §2.191; TMEP §§304.01-.02, 709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
/Paul C. Crowley/
Examining Attorney
Law Office 112
(571) 272-8846
paul.crowley@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.