UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

FINAL OFFICE ACTION

 

STRICT DEADLINE TO RESPOND TO THIS LETTER

TO AVOID PARTIAL 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: 5/19/2017

 

INTERNATIONAL REGISTRATION NO. 1314370

 

 

This final Office action responds to applicant’s communication filed on April 27, 2017.

 

 

Refusal & Potential Refusal Obviated/Refusal Withdrawn/Requirements Satisfied

 

In light of the amendments to the identification of goods and services, and the consent agreement signed by applicant and Harman International Industries, Incorporated, the Section 2(d) refusal as to International Classes 8, 9, 11, 16, 21, 35, and 41 regarding Reg. Nos. 0782327, 0861616, 2602354, 2853443, 3959446, 4415017, 4415018, 4442581, 4510966, 4528048, 4531956, 4538062, 4656434, and 4923000 is obviated.  The consent agreement also obviates the potential Section 2(d) refusal regarding Ser. Nos. 86700228, 86857892 and 86915815.

 

Upon consideration of applicant’s arguments, the varietal refusal pertaining to particular goods in International Class 31 is withdrawn.

 

The requirement for information is satisfied by the relevant information in applicant’s April 27, 2017 response.  See TMEP §§713.02, 714.04.

 

 

Summary of Final Issues that Applicant Must Address

 

1.     Requirement to Clarify the Identification of Goods and Services

 

 

Requirement to Clarify the Identification of Goods and Services

 

In the initial Office action, applicant was required to clarify the identification of goods and services because it included wording that was indefinite, overly broad or otherwise unacceptable.  See TMEP §1402.01.  In response to this requirement, applicant submitted an amended identification of goods and services.  While this amended identification satisfactorily addresses most of the issues raised in the initial Office action, it is unacceptable because it still contains indefinite, overly broad or unacceptable wording.  Therefore, the requirement to clarify the identification of goods and/or services is now made FINAL.  See 37 C.F.R. §§2.32(a)(6), 2.63(b); TMEP §1402.01.

 

In particular, applicant must clarify the identification of goods and services as follows:

 

International Class 8

 

The wording “glass pane cleaners with stainless steel blade” in the identification of goods is indefinite and must be clarified.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  In particular, the term “glass cleaner” typically identifies a type of cleaning preparation in International Class 3, and the term “glass pane cleaners” does not clearly identify a type of hand tool or hand-operated implement in International Class 8.  Therefore, applicant must amend this wording to clearly identify a type of hand tool or hand-operated implement in International Class 8 using the common commercial or generic name for the goods.

 

International Class 9

 

The wording “dosing systems comprised of computer hardware and software and automatic valves for precise measurement release of carbon dioxide from pressure gas cylinders into water in aquariums as well as measuring and control devices intended therefore, namely, gas meters, electrical controllers and pumps” in the identification of goods is indefinite and must be clarified because the term “pumps” does not clearly identify a type of “measuring and control device” in International Class 9.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  In particular, the term “pumps” could identify goods in a variety of international classes.  Therefore, applicant must either delete “pumps” or amend this wording to identify a type of pump that is a measuring or control device classified in International Class 9.  Applicant must also correct a typographical error by amending “therefore” to “therefor”.

 

International Class 16

 

The wording “plastic materials for packaging (not included in other classes), namely, plastic bags for packaging” in the identification of goods must be clarified to delete the parentheses and parenthetical wording.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.   Generally, applicants should not use parentheses and brackets in identifications in their applications so as to avoid confusion with the USPTO’s practice of using parentheses and brackets in registrations to indicate goods and/or services that have been deleted from registrations or in an affidavit of incontestability to indicate goods and/or services not claimed.  See TMEP §1402.12.  The only exception is that parenthetical information is permitted in identifications in an application 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 or scope of the identification, e.g., “fried tofu pieces (abura-age).”  Id.  This exception does not apply in this case.  Because the wording “plastic bags for packaging” clearly identifies goods in International Class 16, the parenthetical language does not serve any useful purpose.  In addition, because classification may change over time, it is preferable not to include language such as “not included in other classes” in an identification.

 

International Class 17

 

The wording “accessories and spare parts, namely, non-metallic sealing rings for hose fittings, hose bandages, non-metallic elbow joints for flexible pipes, hose linings, casings of rubber for flexible pipes, non-metallic couplings for flexible pipes” in the identification of goods is indefinite and must be clarified the wording “hose bandages” and “hose linings” does not clearly identify goods in International Class 17.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  In particular, if these goods are made of metal, they are not classified in International Class 17.  Therefore, applicant must specify the material composition of the goods so as to identify goods classified in International Class 17 only.

 

International Class 24

 

The wording “filtering materials of textile, namely, for use in aquariums, terrariums and garden ponds” in the identification of goods is unacceptable because this wording does not appear to identify goods in International Class 24.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  In particular, “aquarium filters” and “water filtering apparatus” are classified in International Class 11, as are filters for terrariums and garden ponds.  To the extent applicant is seeking to identify a type of geotextile, such goods are properly classified in International Class 19.   Thus, the language proposed by applicant does not identify a type of “filtering material of textile” that is classified in International Class 24.  Therefore, applicant must either delete the current wording, or, if possible, applicant must amend the original indefinite wording “filtering materials of textile” to identify the particular type(s) in International Class 24 using the common commercial or generic names for the goods.

 

International Class 31

 

The wording “bedding and litter for animals, namely, wood shavings for animal bedding and litter, chopped straw for animal bedding, straw litter, sanded paper bring litter for pets, cellulose for use as animal bedding, paper for use as animal bedding” in the identification of goods must be amended to correct a typographical error by amending the wording “bring” to “being” in the phrase “sanded paper bring litter for pets.”  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

International Class 35

 

The activities identified as “wholesale and retail services” in International Class 35 are indefinite and must be clarified because wholesale and retail services could include a wide array of retail support services – from accounting to advertising and marketing services.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.11. 

 

If applicant’s wholesale or retail services involve retail stores (online or brick-and-mortar), or distributorships, applicant must amend the identification to specify the nature of the activity provided (e.g., retail store services, wholesale distributorships), in addition to specifying the field or types of goods offered.   See TMEP §§1301.01(a)(ii), 1402.11. 

 

The wording “glass pane cleansers with stainless steel blade” in list of goods to which applicant’s retail and wholesale services pertain does not clearly identify recognizable goods, as a “cleanser” is typically a preparation that would not have a blade.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Therefore, applicant must replace this wording with language that clearly identifies the nature of the goods using common commercial or generic names.

 

Applicant must replace the semi-colons in the wording “namely, computer software for calculating the dosage of fertilizer, substrate, and light to grow plants in aquariums and garden ponds; computer software, not related to audio or video products, namely, computer software for use with water testing equipment to test for water quality and contamination; computer software, not related to audio or video products, namely, computer software for calculating the dosage of animal food in aquariums, aqua-terrariums, terrariums and garden ponds; aerometers, testing apparatus not for medical purposes, namely, water treating instrumentation for monitoring and detecting contamination; testing apparatus, not for medical purposes, for monitoring oxygen and carbon dioxide levels, minerals, pH level and temperature of water and air; testing apparatus, not for medical purposes, for monitoring and detecting the temperature, pressure, quantity and concentration of gas and liquids; testing apparatus, not for medical purposes, for use in leak, flow and functional testing; testing apparatus, not for medical purposes, for testing gas, liquids and solids; computer software applications, downloadable, not related to audio or video products, namely, downloadable computer software applications for calculating the dosage of fertilizer, substrate and light to grow plants in aquariums and garden ponds; computer software applications, downloadable, not related to audio or video products, namely, downloadable computer software applications for use with water testing equipment to test for water quality and contamination; computer software applications, downloadable, not related to audio or video products, namely, downloadable computer software applications for calculating the dosage of animal food in aquariums, aqua-terrariums, terrariums and garden ponds;” and “dosing systems for precise measurement release of carbon dioxide from pressure gas cylinders into water in aquariums as well as measuring and control devices intended therefore, light-emitting diodes (LED), measuring and control devices for determining and adjusting pH levels, temperature, and oxygen contents of the water in aquariums and garden ponds, controllers, namely, control valves for regulating the flow of gases and liquids;” with commas in order to make clear that all of these goods pertain to applicant’s retail and wholesale services.  Applicant must also correct a typographical error by amending “therefore” to “therefor”.

 

Scope Advisory

 

Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably narrowed.  See 37 C.F.R. §2.71(a); TMEP §§1402.06, 1904.02(c)(iv).  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 and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably narrowed.  See TMEP §1402.06(a)-(b).  The scope of the goods and/or services 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 and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted.  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).

 

Suggested Amendments

 

Applicant should note that any wording in bold or in bold italics below offers guidance and/or shows the changes being proposed for the identification of goods and/or services.  If there is wording in applicant’s version of the identification of goods and/or services that should be removed, it will be shown in bold with a line through it such as this: strikethrough.  Applicant should enter its amendments in standard font.

 

Applicant may adopt the following identification of goods and services, if accurate:

 

International Class 1:  [NO CHANGE] 

 

International Class 3:  [NO CHANGE] 

 

International Class 5:  [NO CHANGE] 

 

International Class 7:  [NO CHANGE] 

 

International Class 8:  Hand tools and hand operated implements, namely, fish scoops, glass pane cleaners with stainless steel razor blades for cleaning glass panes; cutlery; scissors; hand tools, namely, tongs; hand tools, namely, spatulas; penknives, tweezers; small pruning knives; secateurs; garden tools, hand-operated, namely, rakes, hoes, shovels, spades; instruments and tools for skinning animals, namely, hand-operated knives, pliers and scrapers to aid in skinning an animal; apparatus for destroying plant parasites, namely, hand-operated sprayers for insecticide; sickles; hand-operated scraping tools; hand-tools, namely, shovels; hair clippers for animals; pliers

 

International Class 9:  Data processing equipment; computers, not related to audio or video products; computer software, not related to audio or video products, namely, computer software for calculating the dosage of fertilizer, substrate, and light to grow plants in aquariums and garden ponds; computer software, not related to audio or video products, namely, computer software for use with water testing equipment to test for water quality and contamination; computer software, not related to audio or video products, namely, computer software for calculating the dosage of animal food in aquariums, aqua- terrariums, terrariums and garden ponds; aerometers; testing apparatus not for medical purposes, namely, water treating instrumentation for monitoring and detecting contamination; testing apparatus, not for medical purposes, for monitoring oxygen and carbon dioxide levels, minerals, pH level and temperature of water and air; testing apparatus, not for medical purposes, for monitoring and detecting the temperature, pressure, quantity and concentration of gas and liquids; testing apparatus, not for medical purposes, for use in leak, flow and functional testing; testing apparatus, not for medical purposes, for testing gas, liquids and solids; computer software applications, downloadable, not related to audio or video products, namely, downloadable computer software applications for calculating the dosage of fertilizer, substrate and light to grow plants in aquariums and garden ponds; computer software applications, downloadable, not related to audio or video products, namely, downloadable computer software applications for use with water testing equipment to test for water quality and contamination; computer software applications, downloadable, not related to audio or video products, namely, downloadable computer software applications for calculating the dosage of animal food in aquariums, aqua-terrariums, terrariums and garden ponds; software for analysing water samples; testing and quality control devices for terrariums, aquariums and garden ponds, namely, water treating instrumentation for monitoring and detecting contamination; testing and quality control devices for terrariums, aquariums and garden ponds for monitoring oxygen and carbon dioxide level, minerals, pH level, quantity, concentration, pressure and temperature of liquids and air; laboratory incubators for crustacean larvae; data processing apparatus, not related to audio and video products; dosing systems comprised of computer hardware and software and automatic valves for precise measurement release of carbon dioxide from pressure gas cylinders into water in aquariums as well as measuring and control devices intended therefore therefor, namely, gas meters, electrical controllers and controlled volume pumps; light-emitting diodes (LED); measuring and control devices for determining and adjusting pH levels, temperature, and oxygen contents of the water in aquariums and garden ponds; controllers, namely, control valves for regulating the flow of gases and liquids; controllers, namely, oxygen regulators, voltage regulators, illumination regulators, electric heat regulators, climate control regulators, flow regulators for agricultural use; printed circuits; hygrometers; commutators

 

International Class 11:  [NO CHANGE] 

 

International Class 16:  Paper and cardboard; printed matter, namely, books, flyers, catalogues, advertising posters and printed advertising boards of cardboard and of paper, all in the field of aquaristics, terraristics and on keeping, breeding and feeding animals; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; printed instructional and teaching material in the field of aquaristics, terraristics and on keeping, breeding and feeding animals; plastic materials for packaging (not included in other classes), namely, plastic bags for packaging; printers’ type; printing blocks; filtering materials of paper, namely, filter paper; bags made of paper or plastic for packaging; envelopes and packaging bags of plastic; books and pamphlets on keeping and feeding animals; catalogues in the field of pet care products; stationery folders and paper notebooks; stickers and paper labels; note pads; posters

 

International Class 17:  Plastics in extruded form for use in manufacture; sealing materials; packing materials, insulating materials; flexible pipes not of metal; watering hoses; hose pipes made of rubber or silicone for use in aquariums, terrariums and garden ponds; accessories and spare parts, namely, non-metallic sealing rings for hose fittings, non-metallic hose bandages, non-metallic elbow joints for flexible pipes, non-metallic hose linings, casings of rubber for flexible pipes, non-metallic couplings for flexible pipes

 

International Class 19:  [NO CHANGE] 

 

International Class 20:  [NO CHANGE] 

 

International Class 21: [NO CHANGE] 

 

International Class 24:  Bed covers; filtering materials of textile, namely, for use in aquariums, terrariums and garden ponds

 

International Class 31:  Sowing seeds; live animals; seeds, namely, seeds for planting, for horticultural purposes, for agricultural purposes, seeds for fruits and vegetables, seeds for flowers, herb seeds for planting; natural plants; natural flowers; foodstuffs for animals; fodder for animals; malt for animal consumption; fodder for domestic animals, small animals, fish, birds and reptiles, among others as litter, powder, flakes, granulate, beads or tablets, as sticks or in liquid form; bedding and litter for animals, namely, wood shavings for animal bedding and litter, chopped straw for animal bedding, straw litter, sanded paper bring being litter for pets, cellulose for use as animal bedding, paper for use as animal bedding; nesting material, namely, coconut shell, litter peat, unworked and partly worked palm tree leaves, pine cones, straw mulch, woodchip mulch, natural turf; lime for animal forage; plants, dried, for decoration; live plants used as aquarium and terrarium landscapes; algarovilla for animal consumption; unprocessed algae for human consumption; algae for animal consumption; live aloe vera plants; aromatic sand for pets; raw barks; distillery waste for animal consumption; live nettles; peanuts, fresh; peanut meal for animals; peanut cake for animals; fishing bait, live; fish meal for animal consumption; grains for animal consumption; foodstuffs and fodder for animals; foodstuffs for animals, including non-medicated tonics and beverages for animals; forage, namely, straw for animal consumption; beverages for pets; cereal seeds, unprocessed; yeast for animal consumption; hay; raw locust bean; edible chews for animals; seed germ for botanical purposes, namely, seedlings for agricultural horticultural and forestry use; unprocessed bran; bran mash for animal consumption; rough cork; raw cork bark; strengthening animal forage, namely, animal fodder; crayfish, not live, for animal consumption; agricultural, horticultural and forestry products as well as grains for use as decorative materials for aquariums, aqua-terrariums, terrariums and vivariums, namely, unprocessed grains, dried corn husks for decoration, dried flowers for decoration, dried herbs for decoration, branches and trunks of trees, live coral; linseed for animal consumption; linseed meal for animal consumption; corn for animal consumption; animal fattening preparations, namely, foodstuffs for animals; stall food for animals; live menagerie animals; by-products of the processing of cereals, for animal consumption; rice meal for animal forage; salt and fodder for breeding crustacean larvae; cuttlefish bones for birds; live silkworms; silkworm eggs; cuttle bones for birds; animal litter; bred stock, namely, live cattle; foodstuffs and fodder for terrarium and vivarium animals; salt licks for cattle; raw wheat; wheatgerm for animal consumption; unprocessed roots for food; fresh chicory roots

 

International Class 35:  Advertising; business management; business administration; clerical services; wholesale distributorships and retail store services featuring chemicals used in industry, science and photography as well as in agriculture, horticulture and forestry, manures, salts of alkaline metals, bactericidal preparations other than for medical and veterinary use, bentonite, substrates in the nature of expanded clay for hydroponic plant growing, guano, humus top dressing, mixtures of chemicals and microorganisms for increasing the nutritional value of animal fodder other than for veterinary use, plant growth regulators, agricultural substrates for soil-free growing, peat pots for horticulture, adhesives used in industry, glue other than for stationery or household purposes, chemical products for use in aquariums, terrariums and garden ponds, activated carbon, preparations for use in the treatment and clearing of water, fertilizers, chemical preparations in the nature of filtering materials, mineral substances in the nature of filtering materials, vegetable substances in the nature of filtering materials, unprocessed plastics in the nature of filtering materials and ceramic materials in particulate form, for use as filtering media for water treatment, namely, for aquariums, aqua-terrariums and garden ponds, water softening and hardening preparations, chemical substances for analyses in laboratories, chemical reagents, sensitised paper, photographic sensitizers, photometric paper, reagent paper, namely, test strips and papers for quick determination of water parameters, chloride, bleaching preparations, alkaline-earth metals, salts of alkaline metals, iron salts, carbon for filters, flocculants, carbonates, purification preparations, chemical preservatives for foodstuffs and fodder for animal, preservatives for pharmaceutical purposes, lanthanum, magnesite, magnesium chloride, sodium bicarbonate, hypochlorite of soda, chemical compounds in the nature of sodium salts, neodymium, nitrates, percarbonates, persulfates, sulfates, chemical additives to fungicides, chemical additives to insecticides, reagents for testing water, universal reagents for automated test systems for scientific laboratory use, chemical, biochemical and biological products and preparations for water treatment, soil additives, humus, bacterial preparations other than for medical and veterinary use, liquid carbon dioxide for fertilising aquarium plants, rock flour elutriated in water for removing pollutants from water, namely, in ornamental ponds and aquariums, potassium salts, other than for medical purposes, salts from rare earth metals, rare earths, hydrogen peroxide, zeolites and zeolite material, namely, for aquariums, ponds, terra-aquariums or terrariums, cosmetics, cleaning agents for household purposes, cleaning preparations, soaps, shampoos and cosmetics for animals, soaps, shampoos and cosmetics for body and beauty care for animals, cleaning and buffing compounds for aquariums, terrariums or for use with domestic animals, cleaning preparations for aquariums, terrariums und for use with domestic animals, soaps, shampoos and cosmetics for animals, aloe vera preparations for pharmaceutical purposes, pharmaceutical and veterinary preparations, sanitary preparations for medical purposes, dietetic food and substances adapted for medical or veterinary use, dietary supplements for humans and animals, plasters, materials for dressings, disinfectants, preparations for destroying vermin, fungicides, herbicides, biocides, insecticides, bactericides, antiparasitic preparations, pesticides, veterinary preparations for small animals as well as preparations for small animal healthcare, preparations for health protection, feed supplements for veterinary use, medicated additives for animal foods, vitamin preparations, preparations for controlling weeds and pests, insecticides, veterinary preparations for small animal health care, reagents for use in diagnostic tests for veterinary purposes, test strips for veterinary purposes, algicides, slug exterminating preparations, cultures of microorganisms for medical and veterinary use, feed supplements for veterinary use, lotions for medical and veterinary use, vermifuges, potassium salts for medical purposes, therapeutic preparations for the bath, protein supplements for animals, linseed and linseed meal for pharmaceutical purposes, lecithin for medical purposes, medicated supplements for foodstuffs for animals, mineral food supplements, albuminous foodstuffs for medical purposes, preparations of trace elements for human and animal use, propolis for pharmaceutical purposes, non-medical dietetic substances for animal use, dietetic foods with a balanced protein-fat ratio, machine tools, motors except for land vehicles, machine coupling and transmission components except for land vehicles, agricultural implements other than hand-operated, aquarium pumps, garden pond pumps, incubators for eggs, vending machines, air pumps for aquariums, aqua-terrariums and garden ponds, valves for pressure reducers, aerating pumps for aquariums, terrariums and garden ponds, pressure reducers, pressure reducing valves, non-return, safety and magnetic valves for use in dosing systems for precise measurement release of carbon dioxide from pressure gas cylinders into water in aquariums, air filters, machines in the nature of pumps and water sprayers, pump diaphragms, regulators as parts of machines, sludge pumps, machines in the nature of vacuum pumps, heat exchangers, hydraulic turbines, circulating pumps for aquariums, aqua-terrariums and garden ponds as well as accessories and spare parts for all goods mentioned above, hand tools and hand-operated implements in the nature of fish scoops, glass pane cleansers with stainless steel razor blades for cleaning glass panes, cutlery, scissors, tongs, spatulas, penknives, tweezers, small pruning knives, secateurs, garden tools, hand-operated, instruments and tools for skinning animals, apparatus for destroying plant parasites, sickles, hand tools in the nature of scraping tools, hand tools in the nature of shovels, hair clippers for animals, pliers, apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, not related to audio or video products, data processing equipment, computers, not related to audio or video products, computer software, not related to audio or video products, namely, computer software for calculating the dosage of fertilizer, substrate, and light to grow plants in aquariums and garden ponds, computer software, not related to audio or video products, namely, computer software for use with water testing equipment to test for water quality and contamination, computer software, not related to audio or video products, namely, computer software for calculating the dosage of animal food in aquariums, aqua-terrariums, terrariums and garden ponds, aerometers, testing apparatus not for medical purposes, namely, water treating instrumentation for monitoring and detecting contamination, testing apparatus, not for medical purposes, for monitoring oxygen and carbon dioxide levels, minerals, pH level and temperature of water and air, testing apparatus, not for medical purposes, for monitoring and detecting the temperature, pressure, quantity and concentration of gas and liquids, testing apparatus, not for medical purposes, for use in leak, flow and functional testing, testing apparatus, not for medical purposes, for testing gas, liquids and solids, computer software applications, downloadable, not related to audio or video products, namely, downloadable computer software applications for calculating the dosage of fertilizer, substrate and light to grow plants in aquariums and garden ponds, computer software applications, downloadable, not related to audio or video products, namely, downloadable computer software applications for use with water testing equipment to test for water quality and contamination, computer software applications, downloadable, not related to audio or video products, namely, downloadable computer software applications for calculating the dosage of animal food in aquariums, aqua-terrariums, terrariums and garden ponds, software for analysing water samples, testing and quality control devices for terrariums, aquariums and garden ponds, incubators for crustacean larvae, data processing apparatus, not related to audio and video products, dosing systems for precise measurement release of carbon dioxide from pressure gas cylinders into water in aquariums as well as measuring and control devices intended therefore, light-emitting diodes (LED), measuring and control devices for determining and adjusting pH levels, temperature, and oxygen contents of the water in aquariums and garden ponds, controllers, namely, control valves for regulating the flow of gases and liquids, controllers, namely, oxygen regulators, voltage regulators, illumination regulators, electric heat regulators, climate control regulators and flow regulators for agricultural use, printed circuits, hygrometers, commutators, electric apparatus for commutation, lighting apparatus, heating apparatus, steam generating apparatus, cooking appliances, refrigerating apparatus, drying installations, ventilation installations and apparatus, water supply apparatus and installations for sanitary purposes, irrigation sprinkler systems, germicidal burners, swimming pool chlorinating apparatus, disinfectant apparatus, special lamps, spotlights, lamps and lighting devices for keeping domestic animals as well as the corresponding fixtures, infrared and ultra-violet radiators, light diffusers for terrariums, aquariums and aviaries, light-emitting diode underwater lights for aquariums, aqua-terrariums and garden ponds, apparatus for aquariums and terrariums, namely, for lighting, heating, cooling, ventilating and filtration, water conditioning installations for use in terrariums, aquariums and garden ponds, filters for aquariums, terrariums and garden ponds, air filters, heat exchangers, cold steam generating installations, regulating and safety accessories for water apparatus, ornamental and decorative water fountains, water softening apparatus and installations, water filtering apparatus, water sterilizers, whirlpool-jet apparatus, paper and cardboard, printed matter, namely, books, flyers, catalogues, advertising posters and printed advertising boards of cardboard and of paper, all in the field of aquaristics, terraristics and on keeping, breeding and feeding animals, bookbinding material, photographs, stationery, adhesives for stationery or household purposes, printed instructional and teaching material in the field of aquaristics, terraristics and on keeping, breeding and feeding animals, plastic materials for packaging, printers' type, printing blocks, filtering materials of paper, bags, envelopes and packaging bags of plastic, books and pamphlets on keeping and feeding animals, catalogues in the field of pet care products, stationery folders and paper notebooks, stickers and labels, note pads, posters, plastics in extruded form for use in manufacture, sealing materials, packing materials and insulation materials, non-metallic flexible tubes, hose pipes made of rubber or silicone for use in aquariums, terrariums and garden ponds, non-metallic sealing rings for hose fittings, hose bandages, non-metallic elbow joints for flexible pipes, hose linings, casings of rubber for flexible pipes, non-metallic couplings for flexible pipes, plastic water filter cartridges, non-metallic building materials, non-metallic rigid pipes for building, asphalt, pitch and bitumen, non-metallic transportable buildings, structures comprising aquariums and terrariums, decorative stones for aquariums and terrariums, decorating materials for aquariums, terrariums and ponds made of mineral materials, stone, rock, clay and minerals, aquarium gravel, aquarium sand, gravel, sand, mineral soil granulates for aquariums and terrariums, stone being porphyry, decorative figures and stones for aquariums, terra-aquariums and ponds made of synthetics, wood, wax or gypsum, plastic, waterfalls for terrariums and vivariums, furniture, mirrors, picture frames, furniture for indoor terraria or aquaria or terra-aquaria, utensils and containers for household and kitchen, combs and sponges, cleaning brushes, articles for cleaning purposes, steel wool, glass, unworked or semi-worked, except building glass, in-door aquaria and terraria, food containers for animals, mangers and feeding bowls for animals, combs, currycombs, sponges and brushes for animal care, aquariums, terrariums and aviaries, trays in the nature of litter boxes for pets, bird cages, rings for birds, sifters for use in aquariums, terrariums or garden ponds, feeding device for self-feeding animals, cleaning rags, leather for cleaning purposes, cleaning sponges and gloves, decorative figures and stones for aquariums, terra-aquariums and ponds made of glass or terra cotta, waterfalls for terrariums and vivariums, disposable liner pads for animal litter boxes, textiles and textile articles in the nature of bed covers and filtering materials of textile, namely, for use in aquariums, terrariums and garden ponds, sowing seeds, live animals, seeds, natural plants and flowers, foodstuffs and fodder for animals, malt, fodder for domestic animals, small animals, fish, birds and reptiles, among others as litter, powder, flakes, granulate, beads or tablets, as sticks or in liquid form, animal feed supplements for veterinary purposes, bedding and litter for animals, nesting material, artificial bait, lime for animal forage, dried plants for decoration, biological water treatment preparations for sweet and saltwater aquariums and garden ponds, namely, water fleas and natural plants for water treatment, live plants used as aquarium and terrarium landscapes, algarovilla for animal consumption, algae for human or animal consumption, aloe vera plants, aromatic sand for pets, foodstuffs for a balanced protein-fat ratio for human or animal consumption, raw barks, distillery waste for animal consumption, nettles, fresh peanuts, peanut meal for animals, peanut cake for animals, live fishing bait, fish meal for animal consumption, grains for animal consumption, meal for animals, foodstuffs for animals, including non-medical food supplements and tonics as well as beverages for animals, straw for forage, beverages for pets, unprocessed cereal seeds, yeast for animal consumption, hay, locust bean, edible chews for animals, seed germ for botanical purposes, bran, bran mash for animal consumption, rough cork, cork bark, strengthening animal forage, crayfish, not live, for animal consumption, agricultural, horticultural and forestry products as well as grains for use as decorative materials for aquariums, aqua-terrariums, terrariums and vivariums, namely, unprocessed grains, dried corn husks for decoration, dried flowers for decoration, dried herbs for decoration, branches and trunks of trees, and live coral, preparations for egg laying poultry, linseed for animal consumption, linseed meal for animal consumption, corn, cornmeal for animal consumption, animal fattening preparations, stall food for animals, menagerie animals, by-products of the processing of cereals, for animal consumption, salt and fodder for breeding crustacean larvae, cuttlefish bones for birds, silkworms, silkworm eggs, cuttle bones, cuttle bones for birds, food supplements for animals, products for animal litter, bred stock, foodstuffs and fodder for terrarium and vivarium animals, salt for cattle, wheat, wheatgerm for animal consumption, roots for food, chicory roots

 

International Class 39:  [NO CHANGE] 

 

International Class 41:  [NO CHANGE] 

 

International Class 44:  [NO CHANGE] 

 

For assistance with identifying 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 OFFICE ACTION/PARTIAL ABANDONMENT

 

Applicant must respond within six months of the date of issuance of this final Office action or the following goods and services to which the final requirement applies will be deleted from the application by Examiner’s Amendment: “glass pane cleaners with stainless steel blade” in International Class 8, “dosing systems comprised of computer hardware and software and automatic valves for precise measurement release of carbon dioxide from pressure gas cylinders into water in aquariums as well as measuring and control devices intended therefore, namely, gas meters, electrical controllers and pumps” in International Class 9, “plastic materials for packaging (not included in other classes), namely, plastic bags for packaging” in International Class 16, “hose bandages” and “hose linings” in International Class 17, “filtering materials of textile, namely, for use in aquariums, terrariums and garden ponds” in International Class 24, “sanded paper bring litter for pets” in International Class 31 and “wholesale and retail services featuring chemicals used in industry, science and photography as well as in agriculture, horticulture and forestry, manures, salts of alkaline metals, bactericidal preparations other than for medical and veterinary use, bentonite, substrates in the nature of expanded clay for hydroponic plant growing, guano, humus top dressing, mixtures of chemicals and microorganisms for increasing the nutritional value of animal fodder other than for veterinary use, plant growth regulators, agricultural substrates for soil-free growing, peat pots for horticulture, adhesives used in industry, glue other than for stationery or household purposes, chemical products for use in aquariums, terrariums and garden ponds, activated carbon, preparations for use in the treatment and clearing of water, fertilizers, chemical preparations in the nature of filtering materials, mineral substances in the nature of filtering materials, vegetable substances in the nature of filtering materials, unprocessed plastics in the nature of filtering materials and ceramic materials in particulate form, for use as filtering media for water treatment, namely, for aquariums, aqua-terrariums and garden ponds, water softening and hardening preparations, chemical substances for analyses in laboratories, chemical reagents, sensitised paper, photographic sensitizers, photometric paper, reagent paper, namely, test strips and papers for quick determination of water parameters, chloride, bleaching preparations, alkaline-earth metals, salts of alkaline metals, iron salts, carbon for filters, flocculants, carbonates, purification preparations, chemical preservatives for foodstuffs and fodder for animal, preservatives for pharmaceutical purposes, lanthanum, magnesite, magnesium chloride, sodium bicarbonate, hypochlorite of soda, chemical compounds in the nature of sodium salts, neodymium, nitrates, percarbonates, persulfates, sulfates, chemical additives to fungicides, chemical additives to insecticides, reagents for testing water, universal reagents for automated test systems for scientific laboratory use, chemical, biochemical and biological products and preparations for water treatment, soil additives, humus, bacterial preparations other than for medical and veterinary use, liquid carbon dioxide for fertilising aquarium plants, rock flour elutriated in water for removing pollutants from water, namely, in ornamental ponds and aquariums, potassium salts, other than for medical purposes, salts from rare earth metals, rare earths, hydrogen peroxide, zeolites and zeolite material, namely, for aquariums, ponds, terra-aquariums or terrariums, cosmetics, cleaning agents for household purposes, cleaning preparations, soaps, shampoos and cosmetics for animals, soaps, shampoos and cosmetics for body and beauty care for animals, cleaning and buffing compounds for aquariums, terrariums or for use with domestic animals, cleaning preparations for aquariums, terrariums und for use with domestic animals, soaps, shampoos and cosmetics for animals, aloe vera preparations for pharmaceutical purposes, pharmaceutical and veterinary preparations, sanitary preparations for medical purposes, dietetic food and substances adapted for medical or veterinary use, dietary supplements for humans and animals, plasters, materials for dressings, disinfectants, preparations for destroying vermin, fungicides, herbicides, biocides, insecticides, bactericides, antiparasitic preparations, pesticides, veterinary preparations for small animals as well as preparations for small animal healthcare, preparations for health protection, feed supplements for veterinary use, medicated additives for animal foods, vitamin preparations, preparations for controlling weeds and pests, insecticides, veterinary preparations for small animal health care, reagents for use in diagnostic tests for veterinary purposes, test strips for veterinary purposes, algicides, slug exterminating preparations, cultures of microorganisms for medical and veterinary use, feed supplements for veterinary use, lotions for medical and veterinary use, vermifuges, potassium salts for medical purposes, therapeutic preparations for the bath, protein supplements for animals, linseed and linseed meal for pharmaceutical purposes, lecithin for medical purposes, medicated supplements for foodstuffs for animals, mineral food supplements, albuminous foodstuffs for medical purposes, preparations of trace elements for human and animal use, propolis for pharmaceutical purposes, non-medical dietetic substances for animal use, dietetic foods with a balanced protein-fat ratio, machine tools, motors except for land vehicles, machine coupling and transmission components except for land vehicles, agricultural implements other than hand-operated, aquarium pumps, garden pond pumps, incubators for eggs, vending machines, air pumps for aquariums, aqua-terrariums and garden ponds, valves for pressure reducers, aerating pumps for aquariums, terrariums and garden ponds, pressure reducers, pressure reducing valves, non-return, safety and magnetic valves for use in dosing systems for precise measurement release of carbon dioxide from pressure gas cylinders into water in aquariums, air filters, machines in the nature of pumps and water sprayers, pump diaphragms, regulators as parts of machines, sludge pumps, machines in the nature of vacuum pumps, heat exchangers, hydraulic turbines, circulating pumps for aquariums, aqua-terrariums and garden ponds as well as accessories and spare parts for all goods mentioned above, hand tools and hand-operated implements in the nature of fish scoops, glass pane cleansers with stainless steel blade, cutlery, scissors, tongs, spatulas, penknives, tweezers, small pruning knives, secateurs, garden tools, hand-operated, instruments and tools for skinning animals, apparatus for destroying plant parasites, sickles, hand tools in the nature of scraping tools, hand tools in the nature of shovels, hair clippers for animals, pliers, apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, not related to audio or video products, data processing equipment, computers, not related to audio or video products, computer software, not related to audio or video products, namely, computer software for calculating the dosage of fertilizer, substrate, and light to grow plants in aquariums and garden ponds; computer software, not related to audio or video products, namely, computer software for use with water testing equipment to test for water quality and contamination; computer software , not related to audio or video products, namely, computer software for calculating the dosage of animal food in aquariums, aqua-terrariums, terrariums and garden ponds; aerometers, testing apparatus not for medical purposes, namely, water treating instrumentation for monitoring and detecting contamination; testing apparatus, not for medical purposes, for monitoring oxygen and carbon dioxide levels, minerals, pH level and temperature of water and air; testing apparatus, not for medical purposes, for monitoring and detecting the temperature, pressure, quantity and concentration of gas and liquids; testing apparatus, not for medical purposes, for use in leak, flow and functional testing; testing apparatus, not for medical purposes, for testing gas, liquids and solids; computer software applications, downloadable, not related to audio or video products, namely, downloadable computer software applications for calculating the dosage of fertilizer, substrate and light to grow plants in aquariums and garden ponds; computer software applications, downloadable, not related to audio or video products, namely, downloadable computer software applications for use with water testing equipment to test for water quality and contamination; computer software applications, downloadable, not related to audio or video products, namely, downloadable computer software applications for calculating the dosage of animal food in aquariums, aqua-terrariums, terrariums and garden ponds; software for analysing water samples, testing and quality control devices for terrariums, aquariums and garden ponds, incubators for crustacean larvae, data processing apparatus, not related to audio and video products, dosing systems for precise measurement release of carbon dioxide from pressure gas cylinders into water in aquariums as well as measuring and control devices intended therefore, light-emitting diodes (led), measuring and control devices for determining and adjusting pH levels, temperature, and oxygen contents of the water in aquariums and garden ponds, controllers, namely, control valves for regulating the flow of gases and liquids; controllers, namely, oxygen regulators, voltage regulators, illumination regulators, electric heat regulators, climate control regulators and flow regulators for agricultural use, printed circuits, hygrometers, commutators, electric apparatus for commutation, lighting apparatus, heating apparatus, steam generating apparatus, cooking appliances, refrigerating apparatus, drying installations, ventilation installations and apparatus, water supply apparatus and installations for sanitary purposes, irrigation sprinkler systems, germicidal burners, swimming pool chlorinating apparatus, disinfectant apparatus, special lamps, spotlights, lamps and lighting devices for keeping domestic animals as well as the corresponding fixtures, infrared and ultra-violet radiators, light diffusers for terrariums, aquariums and aviaries, light-emitting diode underwater lights for aquariums, aqua-terrariums and garden ponds, apparatus for aquariums and terrariums, namely, for lighting, heating, cooling, ventilating and filtration, water conditioning installations for use in terrariums, aquariums and garden ponds, filters for aquariums, terrariums and garden ponds, air filters, heat exchangers, cold steam generating installations, regulating and safety accessories for water apparatus, ornamental and decorative water fountains, water softening apparatus and installations, water filtering apparatus, water sterilizers, whirlpool-jet apparatus, paper and cardboard, printed matter, namely, books, flyers, catalogues, advertising posters and printed advertising boards of cardboard and of paper, all in the field of aquaristics, terraristics and on keeping, breeding and feeding animals, bookbinding material, photographs, stationery, adhesives for stationery or household purposes, printed instructional and teaching material in the field of aquaristics, terraristics and on keeping, breeding and feeding animals, plastic materials for packaging, printers' type, printing blocks, filtering materials of paper, bags, envelopes and packaging bags of plastic, books and pamphlets on keeping and feeding animals, catalogues in the field of pet care products, stationery folders and paper notebooks, stickers and labels, note pads, posters, plastics in extruded form for use in manufacture, sealing materials, packing materials and insulation materials, non-metallic flexible tubes, hose pipes made of rubber or silicone for use in aquariums, terrariums and garden ponds, non-metallic sealing rings for hose fittings, hose bandages, non-metallic elbow joints for flexible pipes, hose linings, casings of rubber for flexible pipes, non-metallic couplings for flexible pipes, plastic water filter cartridges, non-metallic building materials, non-metallic rigid pipes for building, asphalt, pitch and bitumen, non-metallic transportable buildings, structures comprising aquariums and terrariums, decorative stones for aquariums and terrariums, decorating materials for aquariums, terrariums and ponds made of mineral materials, stone, rock, clay and minerals, aquarium gravel, aquarium sand, gravel, sand, mineral soil granulates for aquariums and terrariums, stone being porphyry, decorative figures and stones for aquariums, terra-aquariums and ponds made of synthetics, wood, wax or gypsum, plastic, waterfalls for terrariums and vivariums, furniture, mirrors, picture frames, furniture for indoor terraria or aquaria or terra-aquaria, utensils and containers for household and kitchen, combs and sponges, cleaning brushes, articles for cleaning purposes, steel wool, glass, unworked or semi-worked, except building glass, in-door aquaria and terraria, food containers for animals, mangers and feeding bowls for animals, combs, currycombs, sponges and brushes for animal care, aquariums, terrariums and aviaries, trays in the nature of litter boxes for pets, bird cages, rings for birds, sifters for use in aquariums, terrariums or garden ponds, feeding device for self-feeding animals, cleaning rags, leather for cleaning purposes, cleaning sponges and gloves, decorative figures and stones for aquariums, terra-aquariums and ponds made of glass or terra cotta, waterfalls for terrariums and vivariums, disposable liner pads for animal litter boxes, textiles and textile articles in the nature of bed covers and filtering materials of textile, namely, for use in aquariums, terrariums and garden ponds, sowing seeds, live animals, seeds, natural plants and flowers, foodstuffs and fodder for animals, malt, fodder for domestic animals, small animals, fish, birds and reptiles, among others as litter, powder, flakes, granulate, beads or tablets, as sticks or in liquid form, animal feed supplements for veterinary purposes, bedding and litter for animals, nesting material, artificial bait, lime for animal forage, dried plants for decoration, biological water treatment preparations for sweet and saltwater aquariums and garden ponds, namely, water fleas and natural plants for water treatment, live plants used as aquarium and terrarium landscapes, algarovilla for animal consumption, algae for human or animal consumption, aloe vera plants, aromatic sand for pets, foodstuffs for a balanced protein-fat ratio for human or animal consumption, raw barks, distillery waste for animal consumption, nettles, fresh peanuts, peanut meal for animals, peanut cake for animals, live fishing bait, fish meal for animal consumption, grains for animal consumption, meal for animals, foodstuffs for animals, including non-medical food supplements and tonics as well as beverages for animals, straw for forage, beverages for pets, unprocessed cereal seeds, yeast for animal consumption, hay, locust bean, edible chews for animals, seed germ for botanical purposes, bran, bran mash for animal consumption, rough cork, cork bark, strengthening animal forage, crayfish, not live, for animal consumption, agricultural, horticultural and forestry products as well as grains for use as decorative materials for aquariums, aqua-terrariums, terrariums and vivariums, namely, unprocessed grains, dried corn husks for decoration, dried flowers for decoration, dried herbs for decoration, branches and trunks of trees, and live coral, preparations for egg laying poultry, linseed for animal consumption, linseed meal for animal consumption, corn, cornmeal for animal consumption, animal fattening preparations, stall food for animals, menagerie animals, by-products of the processing of cereals, for animal consumption, salt and fodder for breeding crustacean larvae, cuttlefish bones for birds, silkworms, silkworm eggs, cuttle bones, cuttle bones for birds, food supplements for animals, products for animal litter, bred stock, foodstuffs and fodder for terrarium and vivarium animals, salt for cattle, wheat, wheatgerm for animal consumption, roots for food, chicory roots” in International Class 35.  37 C.F.R. §2.65(a); see 15 U.S.C. §1062(b).

 

The application will then proceed forward with the remaining goods and services only.

 

Applicant may respond by providing one or both of the following:

 

(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).

 

 

If applicant has any questions about this final Office action, please contact the undersigned examining attorney.

 

/Linda Lavache/

Trademark Examining Attorney

Law Office 106

p. 571.272.7187

f. 571.272.9106

linda.lavache@uspto.gov (informal inquiries only)

 

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.

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 5/19/2017 FOR U.S. APPLICATION SERIAL NO. 79193975

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.uspto.gov,enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  TIMELY RESPONSE IS REQUIRED:  Please carefully review the Office action to determine (1) how to respond, and (2) the applicable response time period.  Your response deadline will be calculated from 5/19/2017 (or sooner if specified in the Office action).  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.  For information regarding response time periods, see http://www.gov.uspto.report/trademarks/process/status/responsetime.jsp.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions.  Instead, the USPTO recommends that you respond online using the TEAS response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.

 

(3)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application.  For more information regarding abandonment, see http://www.gov.uspto.report/trademarks/basics/abandon.jsp.

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.