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. 79202997
MARK: SEALEY
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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: Jack Sealey Limited
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
INTERNATIONAL REGISTRATION NO. 1334206
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.
SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION – THIS PARTIAL REFUSAL APPLIES TO CLASS 20 ONLY
Trademark Act Section 2(d) bars registration of an applied-for mark that so resembles a registered mark that it is likely a potential consumer would be confused, mistaken, or deceived as to the source of the goods and/or services of the applicant and registrant. See 15 U.S.C. §1052(d). A determination of likelihood of confusion under Section 2(d) is made on a case-by-case basis and the factors set forth in In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973) aid in this determination. Citigroup Inc. v. Capital City Bank Grp., Inc., 637 F.3d 1344, 1349, 98 USPQ2d 1253, 1256 (Fed. Cir. 2011) (citing On-Line Careline, Inc. v. Am. Online, Inc., 229 F.3d 1080, 1085, 56 USPQ2d 1471, 1474 (Fed. Cir. 2000)). Not all the du Pont factors, however, are necessarily relevant or of equal weight, and any one of the factors may control in a given case, depending upon the evidence of record. Citigroup Inc. v. Capital City Bank Grp., Inc., 637 F.3d at 1355, 98 USPQ2d at 1260; In re Majestic Distilling Co., 315 F.3d 1311, 1315, 65 USPQ2d 1201, 1204 (Fed. Cir. 2003); see In re E. I. du Pont de Nemours & Co., 476 F.2d at 1361-62, 177 USPQ at 567.
In this case, the following factors are the most relevant: similarity of the marks, similarity and nature of the goods, and similarity of the trade channels of the goods. See In re Viterra Inc., 671 F.3d 1358, 1361-62, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012); In re Dakin’s Miniatures Inc., 59 USPQ2d 1593, 1595-96 (TTAB 1999); TMEP §§1207.01 et seq.
COMPARISON OF MARKS
In the present case, applicant’s mark is SEALEY and registrant’s mark is SEALY.
At http://en.wikipedia.org/wiki/Sealey it is noted that “Sealey is a variation of the English and Anglo-Irish Sealy surname.” Thus, these marks are almost identical in appearance, sound, and meaning, “and have the potential to be used . . . in exactly the same manner.” In re i.am.symbolic, llc, 116 USPQ2d 1406, 1411 (TTAB 2015). Additionally, because they are almost identical, these marks are likely to engender the same connotation and overall commercial impression when considered in connection with applicant’s and registrant’s respective goods and/or services. Id.
Therefore, the marks are confusingly similar.
COMPARISON OF GOODS
Here, applicant’s goods are “Furniture, mirrors, picture frames; cupboards; medicine cabinets; clips, not of metal, for cables and pipes; benches furniture; library shelves; desks; office furniture; filing cabinets; seats; chairs seats; hinges, not of metal; display stands; shelves for filing-cabinets furniture; containers, not of metal, for liquid fuel; chests of drawers; counters tables; containers, not of metal storage, transport; tables; trays, not of metal; knife handles, not of metal; towel dispensers, fixed, not of metal; towel dispensers, not of metal, fixed; ladders of wood or plastics; packaging containers of plastic; reels, not of metal, non-mechanical, for flexible hoses; winding spools, not of metal, non-mechanical, for flexible hoses; work benches; racks furniture; scythe handles, not of metal; closures, not of metal, for containers; gun racks; crates; number plates, not of metal; registration plates, not of metal; furniture of metal; rattan; washstands furniture; latches, not of metal; lecterns; tool handles, not of metal; hampers baskets; steps ladders, not of metal; furniture partitions of wood; furniture casters, not of metal; identity plates, not of metal; screens furniture; clothes hooks, not of metal; furniture shelves; locks, not of metal, for vehicles; shelves for storage; lockers; trestles furniture; keyboards for hanging keys; wickerwork; troughs, not of metal, for mixing mortar; bins, not of metal; chests, not of metal; broom handles, not of metal; vice benches, not of metal; barrels, not of metal; plugs, not of metal; bungs, not of metal; stoppers, not of metal; sealing caps, not of metal; screws, not of metal; rivets, not of metal; dowels, not of metal; pegs pins, not of metal; pins pegs, not of metal; bolts, not of metal; bins of wood or plastic; boxes of wood or plastic; drain traps valves of plastic; plugs dowels, not of metal; wall plugs, not of metal; footstools; stools; water-pipe valves of plastic; locks, other than electric, not of metal; baskets, not of metal; signboards of wood or plastics; trolleys furniture; chests for toys; plastic key cards, not encoded and not magnetic; saw horses; knobs, not of metal; door bolts, not of metal; saw benches furniture; step stools, not of metal; rings, not of metal, for keys; bins (not of metal); cabinets being storage units for use on work sites; cable ties; fuel cans (non-metallic); hose clips (non-metallic-); kick steps; lockers; non-metallic ladders; oil drainage containers non-metallic; plastic inserts (trays) for tool boxes; stands (non-metallic) for barrels; tool storage containers (non-metallic); work benches; fire safe cabinets (non-metallic-); lockable boxes non-metallic for cash and valuables; fitted tool boxes, not of metal, sold empty; none of the aforesaid being beds, mattresses, pillows, headboards, bases for beds or mattress foundations or parts and fittings thereof” and registrant’s goods are “Furniture, namely, chairs.”
Absent restrictions in an application and/or registration, the identified goods and/or services are “presumed to travel in the same channels of trade to the same class of purchasers.” In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012) (quoting Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1268, 62 USPQ2d 1001, 1005 (Fed. Cir. 2002)). Additionally, unrestricted and broad identifications are presumed to encompass all goods and/or services of the type described. See, e.g., Sw. Mgmt., Inc. v. Ocinomled, Ltd., 115 USPQ2d 1007, 1025 (TTAB 2015); In re N.A.D., Inc., 57 USPQ2d 1872, 1874 (TTAB 2000).
In this case, the identification set forth in the application and registration has no restrictions as to nature, type, channels of trade, or classes of purchasers. Therefore, it is presumed that these goods and/or services travel in all normal channels of trade, and are available to the same class of purchasers. Further, the application uses broad wording to describe the goods, for instance, “Furniture” and this wording is presumed to encompass all goods of the type described, including those in registrant’s more narrow identification. Notwithstanding this, the applicant and registrant’s goods are closely related, if not identical in part, with regard to applicant’s goods “chairs seats.”
Applicant should note the following additional ground for refusal.
SECTION 2(e)(4) REFUSAL – PRIMARILY MERELY A SURNAME
“The test for determining whether a mark is primarily merely a surname is the primary significance of the mark as a whole to the purchasing public.” In re Integrated Embedded, 120 USPQ2d 1504, 1505 (TTAB 2016) (quoting In re Hutchinson Tech. Inc., 852 F.2d 552, 554, 7 USPQ2d 1490, 1492 (Fed. Cir. 1988)); see In re Kahan & Weisz Jewelry Mfg. Corp., 508 F.2d 831, 832, 184 USPQ 421, 422 (C.C.P.A. 1975); TMEP §1211.01.
The following five inquiries are often used to determine the public’s perception of a term’s primary significance:
(1) Whether the surname is rare;
(2) Whether anyone connected with applicant uses the term as a surname;
(3) Whether the term has any recognized meaning other than as a surname;
(4) Whether the term has the structure and pronunciation of a surname; and
(5) Whether the term is sufficiently stylized to remove its primary significance from that of a surname.
In re Eximius Coffee, LLC, 120 USPQ2d 1276, 1278 & n.2, 1282-83 (TTAB 2016) (citing In re Benthin Mgmt. GmbH, 37 USPQ2d 1332, 1333-34 (TTAB 1995) for the Benthin inquiries/factors); TMEP §1211.01; see also In re Etablissements Darty et Fils, 759 F.2d 15, 16-18, 225 USPQ 652, 653 (Fed. Cir. 1985).
These inquiries are not exclusive, and any of these circumstances – singly or in combination – and any other relevant circumstances may be considered when making this determination. In re Eximius Coffee, LLC, 120 USPQ2d at 1277-78; TMEP §1211.01. For example, when the applied-for mark is not stylized, it is unnecessary to consider the fifth inquiry. In re Yeley, 85 USPQ2d 1150, 1151 (TTAB 2007); TMEP §1211.01.
Please see the attached evidence from http://www.411.com/name/Sealey establishing the surname significance of Sealey. This evidence shows the applied-for mark appearing over 5000 times as a surname in a nationwide phone directory of names.
(1) Prior Registrations: Applicant may claim ownership of one or more active prior registrations on the Principal Register of the same mark for goods and/or services that are sufficiently similar to those named in the pending application. 37 C.F.R. §2.41(a)(1); TMEP §§1212, 1212.04. Applicant may do so by submitting the following statement, if accurate: “The mark has become distinctive of the goods and/or services as evidenced by the ownership of active U.S. Registration No(s). {specify} on the Principal Register for the same mark for sufficiently similar goods and/or services.” TMEP §1212.04(e).
(2) Five Years’ Use: Applicant may submit the following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20: “The mark has become distinctive of the goods and/or services through the applicant’s substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.” 37 C.F.R. §2.41(a)(2); TMEP §1212.05(d); see 37 C.F.R. §2.193(e)(1).
(3) Other Evidence: Applicant may submit other evidence of acquired distinctiveness, with the following statement, if accurate: “The evidence shows that the mark has become distinctive of the goods and/or services.” 37 C.F.R. §2.41(a)(3); TMEP §1212.06. Such additional evidence may include affidavits or declarations of long-term use in commerce; specific dollar sales under the mark; advertising expenditures; samples of typical advertising; and letters, affidavits, or declarations in which consumers and/or dealers assert recognition of the mark as an indicator of source. See 37 C.F.R. §2.41(a)(3); In re Ideal Indus., Inc., 508 F.2d 1336, 1339-40, 184 USPQ 487, 489-90 (C.C.P.A. 1975); In re Capital Formation Counselors, Inc., 219 USPQ 916, 919 (TTAB 1983); TMEP §§1212.06 et seq.
IDENTIFICATION OF GOODS REQUIREMENTS
In an application filed under Trademark Act Section 66(a), an applicant may not change the classification of goods and/or services from that assigned by the International Bureau of the World Intellectual Property Organization in the corresponding international registration. 37 C.F.R. §2.85(d); TMEP §§1401.03(d), 1904.02(b). Therefore, although the goods and/or services may be classified in several international classes, any modification to this wording must identify goods and/or services in International Classes 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 20, 21, 22 and 25 only, the class(es) specified in the application for these goods and/or services. See TMEP §1904.02(c), (c)(ii).
Therefore, applicant must remove the brackets from the identification and incorporate any parenthetical or bracketed information into the description of the goods.
Please note, the identification of goods includes a duplicate entries of the following wording:
“tempering and soldering preparations” in Class 1;
“vice benches of metal” and “hand pumps” “screwdrivers” in Class 6;
“bits (hand tools)” in Class 8;
“spirit levels” in Class 9; and
“lockers” “funnels” “nozzles for watering hoses” and “buckets” in Class 20
and clarification is required. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.01(a). Applicant may either (1) modify one of these two identical descriptions of goods and/or services such that it will no longer be duplicative, or (2) delete one entry. See TMEP §§1402.01, 1402.01(a). If modifying one of the duplicate identifications, applicant may amend it to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Also, generally, any deleted goods and/or services may not later be reinserted. TMEP §1402.07(e).
Identifications of goods and/or services should generally be comprised of generic everyday wording for the goods and/or services, and exclude proprietary or potentially-proprietary wording. See TMEP §§1402.01, 1402.09. A registered mark indicates origin in one particular party and so may not be used to identify goods or services that originate in a party other than that registrant. TMEP §1402.09; see Camloc Fastener Corp. v. Grant, 119 USPQ at 264 n.1.
Applicant may replace such wording with the following, if appropriate: “step stools.”
Given the foregoing, applicant may adopt the following wording in bold print, if accurate:
CLASS 001: Chemicals used in industry, science and photography, as well as in
agriculture, horticulture and forestry, except fungicides, herbicides, insecticides and parasiticides; fire
extinguishing compositions; tempering and soldering preparations; acetates as chemicals; acetate of cellulose, unprocessed; acetone; acetylene; acetylene
tetrachloride; {specify, e.g., inorganic, mixed} acids; acidulated water for recharging accumulators; acidulated water for recharging batteries; adhesives
for industrial purposes; adhesives for paperhanging; adhesives for wallpaper; adhesives for wall tiles; anti-boil preparations for engine coolants; agricultural chemicals, except fungicides,
herbicides, insecticides and parasiticides; anti-incrustants; antifreeze; anti-frothing solutions for accumulators; anti-frothing solutions for batteries; anti-knock substances for internal
combustion engines; antistatic preparations, other than for household purposes; argon; automobile body fillers; auxiliary fluids for use with abrasives; barium compounds; bases chemical
preparations in the nature of polymer base compositions used in the manufacture of commercial, industrial and domestic goods; bicarbonate of soda for
chemical purposes; blueprint cloth; blueprint paper; brake fluid; brazing fluxes; brazing chemical preparations; brickwork preservatives, except paints and
oils; calcined soda; car body fillers; carbon for filters; catalysts for use in the manufacture of industrial chemicals; caustics for industrial purposes;
caustic soda for industrial purposes; cellulose; cellulose derivatives as chemicals; cellulose esters for industrial purposes; contact cement for mending broken articles; rubber cement for pneumatic tires or tyres;
metallurgy cement for industrial use metallurgy; cement preservatives, except paints
and oils; cement-waterproofing chemicals, except paints; ceramic materials in particulate form, for use as filtering media; chemical additives for oils; chemical additives to motor fuel; chemical
preparations for decarbonising engines; chemical preparations for facilitating the alloying of metals; chemical preparations for scientific purposes, other than for medical or veterinary use;
chemical preparations to prevent mildew; chemical reagents, other than for medical or veterinary purposes; chimney cleaners, chemical; clarification preparations in
the nature of chemicals for use in {specify, e.g., clarification of waste water}; color or colour- brightening chemicals for
industrial purposes; combusting preparations, namely, chemical additives to motor fuel; chemical compositions for
repairing inner tubes of tires or tyres; chemical compositions for repairing tires or tyres; chemical metal-working compositions for threading; condensation-preventing chemicals; coolants for vehicle engines; chemical corrosive preparations {specify use, e.g., for use as corrosion inhibitors on automobile exhaust systems;
used in biodiesel, biodiesel blends, and biorefined fuels}; creosote for chemical purposes; damp-proofing chemicals, except paints, for masonry; degumming
preparations for industrial purposes; degreasing preparations for use in manufacturing processes; dehydrating preparations for industrial purposes;
detergent additives to petrol gasoline; detergents for use in manufacturing processes; diagnostic preparations, other than for medical or veterinary purposes; diastase for industrial purposes;
disincrustants for industrial purposes; dispersions of plastics for industrial purposes; distilled water;
leather dressing chemicals, except oils, for skins; carbon dioxide,
namely, dry ice carbon dioxide; ethyl alcohol; emulsifiers for industrial purposes; enamel-staining chemicals;
engine-decarbonising chemicals; enzymes for industrial purposes; enzyme preparations for industrial purposes; epoxy resins, unprocessed; ether, namely, {specify,
e.g., methyl ether; sulfuric ether; ethyl ether; glycol ether; cellulose ethers for industrial purposes}; fat-bleaching chemicals; ferments for chemical purposes; fillers for automobile
bodies; fillers for car bodies; chemical preparations in the nature of filtering materials in {indicate nature of
filtering process or industry}; mineral substances in the nature of filtering materials in {indicate nature of
filtering process or industry}; unprocessed plastics in the nature of filtering materials in {indicate nature of
filtering process or industry}; vegetable substances in the nature of filtering materials in {indicate nature of
filtering process or industry}; fire extinguishing compositions; fireproofing preparations; flashlight preparations, namely, {specify, e.g., photographic
fixers}; fluids for hydraulic circuits; chemical fuel-saving preparations; galvanizing preparations; chemical gas purifying preparations; glass-frosting chemicals; glaziers' putty; glue for industrial purposes; gluten glue, other than for stationery or household purposes, namely, for industrial purposes; glycol; glycol ether; graphite for industrial purposes; grease-removing chemical
preparations for use in manufacturing processes; gum arabic for industrial purposes; gums adhesives, other than for stationery or household purposes, namely, for
industrial purposes; gum solvents; helium; horticultural chemicals, except fungicides, herbicides, insecticides and parasiticides; industrial chemicals; iodised salts; ion exchangers
chemicals; iron salts; krypton; leather-dressing chemicals; leather glues for industrial use; leather-impregnating chemicals; leather-waterproofing
chemicals; leather-renovating chemicals; liquids for hydraulic circuits; liquids for removing sulfates from accumulators; liquids for removing sulfates from batteries; lithium; litmus paper; masonry
preservatives, except paints and oils; mastic for leather; mastic for tires or tyres; mercury; mercury salts; metal annealing preparations; metal hardening
preparations; mineral acids; mould-release preparations; oil-bleaching chemicals; oil cement putty; oil dispersants; oil-purifying chemicals; oil-separating chemicals; opacifiers for glass; oxygen;
perborate of soda; petroleum dispersants; plasticizers; plastics, unprocessed; polish removing substances for industrial purposes; power steering fluid;
chemical preparations for preventing the tarnishing of lenses; chemical preparations for the separation of
greases; chemical preparations for the purification of gas; propellant gases for aerosols; preservatives for tiles, except paints and oils; protective gases
for welding; purification chemical preparations for industrial purposes; radiator flushing chemicals; reagent
paper, other than for medical or veterinary purposes; refrigerants; rock salt for deicing; rubber preservatives; salt for preserving, other than for
foodstuffs; raw salt, namely, salts from rare earth metals; salts chemical preparations; salts for galvanic batteries; salts for galvanic cells; salts for
industrial purposes; salts of precious metals for industrial purposes; scale removing preparations, other than for household purposes; separating and unsticking ungluing preparations for industrial purposes; silicates; silicon; silicones; size for finishing and priming; metallic soap for industrial
purposes; sodium salts chemical compounds; soldering chemicals; soldering fluxes; solidified gases for industrial purposes; solvents for varnishes; spirits of vinegar in the nature of dilute acetic acid; stain-preventing chemicals for use on fabrics; surface-active chemical agents; synthetic materials for absorbing oil; test paper, chemical;
textile-impregnating chemicals; textile-waterproofing chemicals; tire repairing compositions, namely, {specify, e.g., rubber cement for repairing pneumatic
tyres}; transmission fluid; ungluing preparations for industrial purposes; unsticking and separating preparations for industrial purposes; viscose chemicals for use in manufacturing; vulcanisation accelerators; wallpaper removing preparations; water-purifying chemicals; welding chemicals;
zirconia; chemicals used in industry; chemical preparations products for diagnostic purposes, other than for medical use; hydraulic oil; welding
gases; adhesives used in industry; tempering and soldering preparations
CLASS 002: Paints, varnishes, lacquers; preservatives against rust and against
deterioration of wood; colorants; mordants for use in the {indicate specific industry or area of use}; anti-corrosive preparations in the nature of coatings, oils, papers and paints; wood mordant dyes; wood stains; bronzing lacquers; paints as coatings for roofing felt paints; paints as coatings for tarred felt paints; ceramic paints;
undercoating for vehicle chassis; undersealing for vehicle chassis; wood preservatives; thinners for paints; thinners for lacquers; thickeners for paints; creosote for wood preservation; dyestuffs; distempers; enamel varnishes; enamels for painting; enamel paints; siccatives for use as drying agents for paints; coatings paints clear and pigmented coatings in the nature
of paint; fixatives in the nature of varnishes; glazes in the nature of paints, lacquers; gum
resins, namely, gamboge for painting; anti-rust greases; oils for the preservation of wood; preservative oils for wood; anti-rust oils; fireproof paints;
binding agents preparations for paints; agglutinants for paints; metals in powder form for painters, decorators, printers and artists; mastic
raw natural resin; anti-tarnishing preparations for coating metals; protective preparations for coating metals; anti-rust preparations for preservation in the nature of a coating; primers; whitewash; dyewood; preparations for coloring or colouring wood; dye-wood; carbonyl wood preservative; lacquers; anti-fouling paints;
turpentine thinner for paints
CLASS 003: Cleaning and polishing preparations; automotive care products, namely, cleaning and polishing preparations; automotive waxes; degreasing preparations, other than used in manufacturing processes
CLASS 004: Industrial oils and greases; lubricants,
namely, {specify, e.g., all-purpose lubricants, automotive lubricants}; dust absorbing, wetting and binding compositions; fuels including motor spirit and illuminants; candles and wicks for
lighting; beeswax for use in further manufacture; methylated spirit for fuel; alcohol fuel; fuel with an alcoholic base; firelighters in the nature of kindling woods; firewood; charcoal for fuel; candles; tapers; coal briquettes; peat briquettes as fuel; wood briquettes; combustible briquettes; vaporized fuel mixtures;
coal; blocks of peat as fuel; industrial grease; tallow; dust removing preparations; illuminating grease; gas
for lighting; lighting fuel; lubricating oil; petrol; diesel oil; gas oil; fuel gas; oil-gas, namely, liquefied petroleum; gasoline; lubricating graphite;
moistening oil in the nature of lubricating oils; kerosene; lubricating grease; paraffin; petroleum, raw or refined; nightlight candles; dust laying and absorbing compositions for use on unpaved roads; non-chemical additives for fuels, namely, carburants; motor fuel; benzene fuel; benzol fuel; combustible oil; additives, non-chemical, to motor-fuel; oils and greases for use as preservatives for leather [oils and
greases]; industrial oil; solidified gases being fuel; solidified gas being fuel; cutting fluids; oils for
paints, namely, {specify, e.g., mineral, vegetable, soybean} oil for use in the manufacture of paint; motor oil; perfumed candles; ethanol fuels; tinder; fuel oil.
CLASS 005: Materials for dressings, namely, plasters for medical purposes; disinfectants; preparations for destroying vermin; fungicides, herbicides; adhesive plasters for medical purposes; sticking plasters for medical purposes; antiseptic cotton; aseptic cotton; bandages for dressings; preparations for the treatment of burns; cotton for medical purposes; medical dressings; gauze for dressings; absorbent cotton for medical purposes; rat poison; first-aid boxes, filled; filled first aid kits; adhesive tapes for medical purposes; adhesive bands for medical purposes; eyepatches for medical purposes; cooling sprays for medical purposes; medicated eye-washes; cotton swabs for medical purposes; cotton sticks for medical purposes
CLASS 006: Metal building materials, namely, {specify,
e.g., ceiling boards and floor boards}; transportable buildings of metal; non-electric cables and wires of common metal; ironmongery, small items of metal hardware, namely, {specify, e.g., springs, washers, nuts}; pipes and tubes of metal; metal safes; steel alloys; steel wire; steel sheets; steel
tubes; steel pipes; nozzles of metal, namely, {specify, e.g., metal non-automatic fueling nozzles, metal wash down spray nozzles for commercial and industrial
use}; aluminium; aluminium wire; anchor plates of metal; tie plates, not being parts of machines; latch
bars of metal; poles of metal; traps for wild animals; braces of metal for handling loads; harness of metal for handling loads; braces of metal for load handling; harness of metal for load handling;
cashboxes of metal; silver solder; silver-plated tin alloys; safes, namely, metal strong boxes; door stops of metal; gate stops of metal; washers of metal;
screw rings of metal; strap-hinges of metal; barbed wire; box fasteners of metal, namely, {indicate specific items, e.g.,
bolts, nails, rivets, screws}; bolts of metal; bottles, namely, metal containers for compressed gas or liquid air; brazing alloys; cable joints of
metal, non-electric; cable linkages of metal, non-electric; padlocks; shims; containers of metal for storing acids; safety cashboxes; chains of metal; safety chains of metal; couplings of metal for
chains; ducts and pipes of metal for central heating installations; pegs of metal; cotter pins of metal; metal keys for
locks; nails; tacks nails; metal brads; wall plugs of metal; tin cans, sold empty; containers of metal
for the storage and transportation of goods; guard rails of metal;
anvils; elbows of metal for pipes; cramps of metal, namely, crampons; crampons of metal, namely, cramps; pot
hooks of metal; metal hardware, namely, hooks; wire of common metal; copper, unwrought or semi-wrought; copper rings; tubbing of metal; containers of metal
for compressed gas or liquid air; door scrapers in the nature of metal foot scrapers for attaching to doors; metal foot scrapers; iron, unwrought or semi-wrought; screws of metal; brackets of metal for building; rails of metal; iron wire; fittings of metal for building, namely, {specify, e.g., stair nosing of metal}; hardware, namely, white metal pins; eye bolts; metal screw rings; locks of metal, other than electric; crampons climbing irons; grease nipples; gratings of metal; grilles of metal; spring locks of metal, other than electric; name badges of metal for vehicles; filings of metal; latches of metal; buildings,
transportable, of metal; tool handles of metal; ferrules of metal for handles; pipe muffs of metal; handling pallets of metal; transport pallets of metal; steps ladders of metal; porches of metal
for building; wire cloth; wire gauze; vice claws of metal; baskets of common metal; signalling panels,
non-luminous and non-mechanical, of metal; clothes hooks of metal; metal lock bolts; posts of metal; metal hardware, namely, springs; pulleys of metal, other than for machines; rivets of metal; gates of metal; door bolts of metal; rings of common metal for keys; platforms, prefabricated, of metal;
hardware of metal, small, namely, {indicate specific items, e.g., bolts, nails, rivets, screws}; signs, non-luminous and non-mechanical, of metal, for
roads; junctions of metal for pipes; wire stretchers metal tension links; packaging containers of metal; storage
tanks of metal; reservoirs of metal; window sills of metal; signs, non-luminous and non-mechanical, of metal; locks of metal for vehicles; {specify, e.g., gate, window, door} stops of metal; soldering wire of metal; valves of metal, other than parts of machines; metal
flat bolts; anvils portable; tension links of metal; titanium, latticework of metal; trellis of metal; tungsten {specify, e.g., iron, ores}; pipework of metal; vanadium; ferrules of metal for canes and walking sticks; zirconium; balls of steel;
fittings of metal for compressed air ducts; wire of common metal alloys, except fuse wire; anchors; reinforcing materials of metal for pipes; troughs of metal for mixing mortar; bird baths structures
of metal; broom handles of metal; beacons of metal, non-luminous; vice benches of metal; bands of metal for tying-up purposes; wrapping or binding bands of metal; thread of metal for tying-up
purposes; barrels of metal; casks of metal; building materials of metal, namely, {indicate specific items, e.g., metal countertops for further
installation}; bicycle parking installations of metal; boxes of common metal; plugs of metal; bungs of metal; sealing caps of metal; buckles of common metal hardware; bottle closures of
metal; bottle fasteners of metal; knobs of metal; rods of metal for brazing; rods of metal for brazing and welding; rods of metal for welding; straps of metal for handling loads; belts of metal for
handling loads; straps of metal for load handling; slings of metal for handling loads; paint spraying booths of metal; booths of metal for spraying paint; collars of metal for fastening pipes; clips
of metal for cables and pipes; binding screws of metal for cables; greenhouse frames of metal; door openers, non-electric; hinges of metal; drain traps valves of metal; partitions of metal for
building; casings of metal for oilwells; containers of metal for liquid fuel; ropes of metal; knife handles of metal; angle irons of metal; metal hardware,
namely, hooks for slate; copper wire, not insulated; reels of metal, non-mechanical, for flexible hoses; towel dispensers, fixed, of metal; water-pipe valves of metal; scaffolding of metal; ladders
of metal; binding bands of metal; nuts of metal; branching pipes of metal; fences of metal; winding spools of metal, non-mechanical, for flexible hoses;
signboards of metal; props of metal for buildings; sheets and plates of metal for buildings; scythe handles of
metal; locks of metal for bags; stretchers for metal bands, namely, tension links of metal; furnace fireguards of
metal; closures of metal for containers; crash barriers of metal for roads; tool chests of metal; bins of metal; identity plates of metal; registration
plates of metal; number plates of metal; advertisement columns of metal; hoppers of metal, non-mechanical; letters and numerals of common metal, except type; tool boxes of metal, empty; tool chests
of metal, empty; boots, namely, metal wheel clamps; wire rope; insect screens of metal; common metals in powder
form; refractory construction materials of metal; prefabricated houses kits of metal; trays of metal, namely, {specify, e.g., metal packaging trays, tool and tool
accessory trays made of metal sold empty and parts and fittings therefor, metal cable trays used in building construction}; screw tops of metal for bottles; metal window openers, non-electric; metal window closers, non-electric; step stools of metal; common metals and their alloys, unwrought or semi-wrought; goods of common metal not included in other classes, namely, {specify goods by common commercial
names(s), e.g., door knobs, works of art}; metal hand-operated air hose reels; vice benches of metal; cotter pins of metal; look cylinders of metal for gas; fire safe cabinets of metal; fuel cans of metal; hose clips of metal; key cabinets not
furniture of metal; kick steps; ladder hooks of metal; lockable boxes metal for cash and valuables; metal crash barriers; metal ladders; mobile
steps ladders of metal; nails; oil drainage containers of metal; metal padlocks; platforms of metal; pulleys of metal,
other than for machines; racks other than furniture in the nature of metal structures for bicycle
storage; ramps of metal; metal scaffolding; metal-security cabinets other than furniture; general purpose
storage units of metal; empty tool storage containers of metal; vehicle axle stands of metal, support stands; waste bins large of metal for industrial use;
welding wire of metal; metal working platforms structures; fitted tool storage boxes of metal, sold empty
CLASS 007: Machine tools for {indicate purpose or
function, e.g., compacting powder materials, crushing rock, etc.}; agricultural implements other than hand-operated, namely, {indicate specific implements,
such as cultivators, harvestors, disk harrows, seeders, etc.}; machines for automotive, building, vehicle recovery, cleaning, woodwork and home improvement and maintenance purposes; machine
tools for {indicate purpose or function, e.g., compacting powder materials, crushing rock, etc.}; air compressors; Air-operated power tools, namely, jacks for lifting loads; air filters for mechanical purposes; mechanical air hose reels; air powered tools, namely, {specify impact wrenches, ratchet wrenches, drills, grinders, orbital sanders, etc.};
compressed air pumps; apparatus for clamping workpieces parts of machines, namely, clamps for use in the precision
clamping of work pieces; apparatus for cleaning and degreasing, namely, spray chambers for cleaning and degreasing surfaces and workpieces;
electric arc welding apparatus; machines for inserting automobile chassis fasteners and for straightening
automobile body parts; band saw blades for machines; power band saws; power-operated saws; bench grinders;
grinders; Industrial machine bench press, other than exercise apparatus; body straighteners, namely vehicle body and
frame alignment machines; brushes being parts of motors, generators and dynamos; power-operated tools,
namely, electric cable cutters; machine parts namely, couplings for pneumatic hoisting apparatus; cranes;
crushers machines for industrial purposes; metal working machines, namely cutters; dies for machine tools; discs
for cutting for use with power tools; drill bits for rotary power tools; drill chucks for power drills; drilling machines; power-operated tools, namely, drills; drum handling machines; electric jacks; electric power tools,
namely, {specify item, e.g., drills, routers, circular saws}; electric pumps; electric vacuum cleaners; electric welding machines; electrically powered hand tools, namely, {specify item, e.g., drills, routers, circular saws}; electronic starters for engines; cleaning machines for {specify, e.g., gas turbine and combustion} engines; electric fluid pumps; combustion
engine fuel nozzles; fuel pumps for land vehicles; gas-operated blow torches; gas welding apparatus; gas
welding machines; {specify, e.g., wind-powered electricity, Steam-operated power} generators; grinding discs being parts of machines; hand held cordless
power tools, namely, {specify item, e.g., drills, routers, circular saws}; hand-held tools, other than hand-operated, namely, {specify item, e.g., drills, routers, circular saws}; high pressure washers; hoists; hydraulic machines for use in the repair of vehicle bodies; hydraulic power tools,
namely, {specify item, e.g., drills, routers, circular saws}; hydraulically operated benches for the repair of vehicle bodies; power jacks machines; lathes; lifting jacks other than hand-operated; lifting work
platforms; power lifting ramps; power-operated lifts for moving, parking and
storing land vehicles; power ramps for loading {specify, e.g.,
luggage on to airplanes}; lubricators, namely, power-operated lubricant dispensers for machines; machine stands;
machines for changing tyres; machines for the maintenance and repair of vehicles; manual chain block hoists; mechanical presses for industrial use; mechanical tools, namely, {specify, e.g., mechanical spreaders}; mechanically operated hand tools, namely, {specify item, e.g., drills, routers, circular
saws}; mechanically operated tools, namely, {specify, e.g., mechanical discharging hoppers}; milling machines; mortising machines; nailing machines;
paint spraying guns; plasma cutting machines; plasma welding machines; plastics welding machines; platform truck lifts; pneumatic air tools, namely, {indicate
specific tools, such as drills, screwdrivers, rivet hammers, saws, etc.}; pneumatic jacks; pneumatic power tools, namely, {indicate specific tools, such as
drills, screwdrivers, rivet hammers, saws, etc.}; portable air tools, namely, {indicate specific tools, such as drills, screwdrivers, rivet hammers, saws,
etc.}; portable electric {specify, e.g., meat, coffee} grinders; power operated jacks; power operated tools for use in vehicle maintenance; power
tools, namely, {specify item, e.g., drills, routers, circular saws}; pulleys being parts of machines; rammers being machines; riveter as air powered tools; rotary tools, namely, {specify,
e.g., brushes for machines}; sand blasting machines; electric sanders; power saw blades; electric screw extractors; {specify, e.g., dust, oil, centrifugal} separators; shot blasting machines; gas-operated soldering apparatus; submersible pumps; electric tile cutters; tool bits for machines; tool bits for use in
power operated hand tools; machine tools for oiling motor vehicles; machine-tools for use in the maintenance of electrical installations; electronically and
power-operated tools, namely, torque spanners; power-operated torque wrenches incorporating apparatus for sensing; power-operated torque wrenches incorporating electronic apparatus, namely, {specify, e.g., torque converters}; pneumatically operated tyre inflating machines for garage installations; vehicle trolley lifting
jacks other than hand-operated; welding apparatus operated by oxyacetylene; winches; wire welding machines; welding apparatus, gas-operated; woodworking machines; work clamping machine tools; powered polishers; engraving machines; hot air guns, electric; electric staplers being parts of machines; conduit pipe benders machines; power-operated spray guns; spot welding apparatus electric; electric soldering
apparatus
CLASS 008: Hand-operated hand tools and
implements, namely, {indicate specific tools and implements, e.g., screwdrivers, shovels, wrenches, hammers}; abrading tools being hand instruments; sharpening stones; needle files; leather strops; awls; cutter bars being hand tools; reamers; reamer sockets; extension pieces for braces for screw taps; palette knives; spatulas being hand tools; bits
being parts of hand tools; squares being hand tools; annular screw plates; bow saws; hand-operated nail extractors; lifting jacks, hand-operated; hand drills being hand tools; mortise chisels; holing axes; mortise axes;
nail drawers being hand tools; pick hammers; bush hammers; sharpening steels; knife steels; riveting hammers being hand tools; paring irons being hand tools; scissors; tweezers; pickaxes; caulking irons; penknives; stone hammers; jig-saws; drawing
knives; nail punches; hunting knives; frames for handsaws; saws being hand tools; shears; shear blades; perforating tools being hand tools; tap wrenches; spanners being hand tools; wrenches being hand tools; ratchets
being hand tools; dies being hand tools; screw stocks being hand
tools; screw-thread cutters being hand tools; borers; whetstone holders; axes; planes; hand tools, hand-operated,
namely, {indicate specific tools, e.g., screwdrivers, shovels, wrenches, hammers}; tube cutters being hand tools; cutters; cleavers; razor strops;
stamping-out tools being hand tools; stamps being hand tools; milling cutters being hand tools; trowels for gardening; trowels; expanders being hand tools; hand-operated sharpening instruments; Manually-operated blade sharpening instruments; hand tools, namely, drills; secateurs; hand tools, namely, carpenters' augers; embossers being
hand tools; razor cases; hollowing bits being parts of hand tools; rakes being hand tools; shovels being hand tools; spades being hand tools; border shears; scythes; hand tools,
namely, scythe rings; hand tools, namely, scythe stones; whetstones; irons non-electric being hand tools;
glazing irons; replacement parts for hand-operated planes, namely, blades; moulding irons; molding irons;
crimping irons; branding irons; gimlets being hand tools; gouges being hand tools; engraving needles; paring
knives; grafting tools being hand tools; rabbeting planes; hatchets; choppers knives; hoop cutters being hand
tools; adzes being hand tools; insecticide vaporizers being hand tools; insecticide atomizers being hand tools; insecticide sprayers being hand tools; garden tools, hand-operated, namely, {indicate particular items, e.g., trowels, weeding forks, spades, hoes}; pruning knives; clamps for carpenters or coopers; razor blades; blades being hand tools; saw blades being parts of hand tools; levers being hand tools; machetes;
mallets being hand tools; hammers being hand tools; sledgehammers;
masons' hammers; chisels; metal band stretchers being hand tools; braiders being hand tools; mortars for pounding
being hand tools; numbering punches being hand tools; picks being
hand tools; rammers being hand tools; hand-operated {specify, e.g., caulking, grease, staple, ear-pircing} guns;
centre punches being hand tools; rasps being hand tools; razors, electric or non-electric; pin punches; fire
irons; riveters being hand tools; weeding forks being hand tools; hoes being hand tools; saw holders; hackles being hand tools; sickles; edge tools being hand tools;
taps being hand tools; augers being hand tools; screwdrivers; priming irons being hand tools; bits for hand drills; tube cutting instruments being hand tools; agricultural
implements, hand-operated, namely, {indicate particular items, e.g., broadforks}; grindstones being hand tools;
sharpening wheels being hand tools; Hand-operated syringes for spraying insecticides; diggers being hand tools; knives; pliers; pincers; nippers; tongs; rams being hand tools; drill holders being hand tools; hand tools, namely, manually-operated emery grinding wheels; files being hand tools; punch pliers being hand tools; punches being hand tools; cutting tools being hand tools; guns, hand-operated, for the extrusion of mastics; ditchers being hand tools; scrapers being hand tools; scraping tools being hand tools; vices; hand tools, namely, hand-operated pumps; tool belts being hand tool holders; crow bars; mitre or miter boxes being hand tools; fish tapes being hand tools; draw wires being hand tools; wire strippers being hand tools; bench vices being hand
implements; non-electric caulking guns; metal wire stretchers being hand tools; scalpels, namely, hobby knives;
air pumps, hand-operated; ceramic knives; hand-operated abrasive tools, namely, {indicate particular items, e.g.,
manually-operated grinding wheels}; adaptors for tool bits for hand operated tools; band saw blades for hand operated tools; bits (hand tools); hand
tools, namely, cable cutters; conduit pipe benders hand-operated; hand-operated pipe cutting tools; crowbars; hand-operated cutting tools, namely,
{specify, e.g., box, safety, tile} cutters; hand tools, namely, dies; hand-operated cutting tools, namely, discs for cutting; hand-operated abrading tools, namely, discs made of abrasive materials; hand tools for use with drainage rods; parts of hand-operated tools in the nature of drill chucks; electricians' pliers; pliers; hand-operated hand tools used in
engineering, namely, {indicate particular tools}; folding knives; utility knives; grease guns; hand tools for use with motor vehicles, namely, {indicate particular tools}; hand-operated jacks; hex keys; jigsaw blades; hand-operated jigsaws; hand-operated log splitters; hand pumps; blades for hand saws; screwdrivers; hand tools, namely, tile cutters; tools for use in the maintenance of electrical installations, namely, {indicate particular tools}; tools
for use in the repair of motor vehicles, namely, {indicate particular tools}; hand-operated vehicle trolley
jacks; vices; wrenches; hand tools, namely, engravers in the name of engraving pens; sockets parts for hand operated tools; hand tools, namely, scrapers; hand-operated riveters; saws; handsaws; hammers; hand-operated chisels; hand-operated tools in the nature of staplers, other than for office use; hand-operated pumps for use in emptying drums; hand-operated
pumps for use in filling drums
CLASS 009: Scientific, nautical, surveying, photographic, cinematographic, optical,
weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments, namely, {specify the common commercial or generic name
of the goods or applicant must describe the product, its main purpose, and its intended uses, e.g., spectrometers, scientific apparatus for determining the water content in petroleum
products}; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of
sound or images; blank magnetic data carriers, recording discs; compact discs, DVDs and other pre-recorded
digital recording media featuring {indicate subject matter}; fire-extinguishing apparatus; reflecting discs for wear, for the prevention of traffic
accidents; protection devices for personal use against accidents, namely, {specify device(s) by common commercial name(s), e.g., inflatable flotation
devices}; clothing for protection against accidents, irradiation and fire; batteries, electric, for vehicles; accumulators, electric, for vehicles; battery boxes; accumulator boxes;
acidimeters for batteries; hydrometers; plates for batteries; whistle alarms; acoustic sound alarms; sound alarms; acoustic conduits; aerometers; magnets; electromagnetic coils; alarms;
alcoholmeters; igniting apparatus, electric, for igniting at a distance; electric apparatus for remote ignition; batteries for lighting; asbestos gloves for protection against accidents; asbestos
clothing for protection against fire; ammeters; calibrating rings; fire extinguishers; fire extinguishing apparatus; anodes; anode batteries; high tension batteries; aerials; antennas; anti-glare
glasses; anti-dazzle shades; anti-glare visors, namely, {specify, e.g., anti-glare filters for televisions and computer monitors; electric transformers; calipers for measuring {specify items to be measured, e.g., trees, etc.}; fire alarms; automatic
indicators of low pressure in vehicle tires tyres; automatic indicators of low pressure in vehicle tires; automatic indicators of low pressure in vehicle tyres; alarm bells, electric; scales;
barometers; weighing machines; fire beaters, namely, {specify, e.g., fire-extinguishing blankets}; chargers for electric batteries; electric terminals; pressure indicator plugs for valves; spirit levels; sheaths for electric cables; circular slide rules; calculating machines; slide calipers;
jigs as measuring instruments; capillary tubes; protective helmets; respiratory masks, other than for artificial respiration; solderers' helmets; heat regulating apparatus; luminous signals in the nature of flashing safety lights; blinkers in the nature of signalling
lights; signal bells; thread counters; pedometers; Geiger counters; meters; metronomes; electricity conduits; electricity connectors; electricity junction boxes; contacts, electric; regulating apparatus, electric; monitoring apparatus, electric;
converters, electric; retorts for use in high temperature chemical reactions; retorts' stands for scientific or
laboratory use; electricity limiters; sockets, plugs and other contacts electric connections; {specify, e.g.,
smoke, radon} detectors; distance measuring apparatus; range finders; {specify, e.g., height} measures; measuring apparatus, namely, {specify, e.g., rain gauges; water level indicators; workmen's protective face-shields; measuring
devices, namely, {specify, e.g., clamp meters for measuring electricity}; cables, electric; ducts specially adapted for
holding and spacing electricity conduits; connections for electric lines; couplings, electric; connections, electric; relays, electric;
transmitters of electronic signals; transmitting sets for telecommunication; mechanical signs; thermostats; {specify,
e.g., seam, pressure}gauges; gasoline gauges; petrol gauges; spark-guards for protection against fire; refractometers; light meters, namely, exposure meters for photographic devices; wires, electric; magnetic wires; plumb bobs; plumb lines; filters for
respiratory masks; battery chargers; fuses; radios; galvanic batteries; gloves for protection against accidents; gas testing instruments; gasometers measuring instruments; rulers measuring
instruments; grids for batteries; clothing for protection against fire; garments for protection against fire; audio- and video-receivers; identification threads for electric wires; identification
sheaths for electric wires; slope indicators; gradient indicators; inclinometers; quantity indicators; vacuum gauges; data processing apparatus; mirrors for inspecting work; inverters electricity;
optical lanterns; optical lamps; signal lanterns; lasers, not for medical purposes; logs measuring instruments; magnifying glasses optics; signs, luminous; spectacles optics; instruments
containing eyepieces; surveyors' levels; optical goods; pressure gauges; protective masks; carpenters' rules; precision measuring apparatus, namely, {specify the
common commercial or generic name of the goods or applicant must describe the product, its main purpose, and its intended uses, e.g., cytometers}; measuring apparatus, namely, {specify the common commercial or generic name of the goods or applicant must describe the product, its main purpose, and its intended uses, e.g., digitizers,
Durometers}; meteorological instruments; rules as measuring instruments; scientific and technical apparatus,
namely, optical mirrors; navigational instruments for vehicles and boat; batteries, electric; accumulators, electric; levels instruments for
determining the horizontal; levelling instruments; observation instruments, namely, {specify the common commercial or generic name of the goods or applicant must
describe the product, its main purpose, and its intended uses, e.g., cameras}; ohmmeters; optical apparatus and instruments, namely, {specify the common
commercial or generic name of the goods or applicant must describe the product, its main purpose, and its intended uses, e.g., optical mirrors}; computers; computer programs, recorded
on magnetic media featuring {indicate field or subject matter}; oscillographs; micrometers; micrometer gauges; signalling panels, luminous or mechanical;
weighing apparatus and instruments; steering apparatus, automatic, for vehicles; eyeglasses; pipettes; ear plugs for divers; bells warning devices; weights; pressure measuring apparatus; pressure
indicators; vehicle radios; protractors as measuring instruments; telephone apparatus; refractors; respirators for filtering air; rheostats; wire
connectors electricity; locks, electric; vehicle breakdown warning triangles; sirens; sound transmitting apparatus; screw-tapping gauges; remote control apparatus for {indicate specific devices, e.g. radios, televisions, stereos}; binoculars; telescopes; temperature indicators; time recording apparatus; thermostats for vehicles; revolution
counters; telecommunication transmitters; marking gauges for joinery purposes; verniers calipers; viscosimeters; theft prevention installations, electric; voltage regulators for vehicles; voltmeters; fuse
wire; wires of metal alloys fuse wire; anticathodes; dog whistles; anti-theft warning apparatus specially adapted to personal electronic devices, namely, {indicate
specific personal electronic device, e.g., laptops, PC tablets, etc.}; luminous beacons, luminous; electric buzzers; directional compasses;
cathodes; solar batteries; copper wire, insulated; tripods for cameras; knee-pads for workers; readers data processing equipment; safety restraints, other than for vehicle seats and sports equipment;
scanners data processing equipment; smoke detectors; junction sleeves for electric cables; diagnostic apparatus, not for medical purposes; electronic tags for goods; fire blankets; shoes for
protection against accidents, irradiation and fire; starter cables for motors; sunglasses; time clocks time recording devices; goggles for sports; protective helmets for sports; electronic
publications, downloadable; computer programs downloadable software; navigation apparatus for vehicles on-board computers; coaxial cables; fibre or fiber (Am.) optic cables; covers for electric
outlets; headphones; radio pagers; satellite navigational apparatus; voltage surge protectors; walkie-talkies; light-emitting electronic pointers; hourglasses; hands free kits for phones; Global
Positioning System GPS apparatus; light-emitting diodes LED; traffic cones; temperature indicator labels, not for medical purposes; electrical adapters; solar panels for the production of
electricity; digital signs; ammeters; articles of clothing for protection against accident; automotive electric batteries; automotive performance testing apparatus; battery charging equipment;
battery starters; battery testing apparatus; beacons; bore testing instruments; electric buffers, namely, {specify,
e.g., computer buffers}; cable reels non-mechanical incorporating electrical sockets; callipers measuring instruments; diagnostic apparatus for use in vehicle repair; diesel injector testers;
digital multimeters; ear plugs for divers; electric phone extension leads; electric inverters; electronic transformers; engine diagnostic apparatus
{specify, e.g., for identifying refrigerant type and purity in automobile air conditioning systems}; protective
eyeglass shields; spark plug feeler gauges; fire blankets; fire extinguishers; {angle, depth, fuel, gasoline,
pressure} gauges; gloves for protection against accidents; {specify, e.g., diving, sports, safety} goggles; knee pads for protection against injury
not adapted for use in playing sports; lenses for use by welders; levels; light pens; magnifying glasses; electric mains testers, namely, {specify, e.g., circuit
testers}; manually operated electric cable reels being electric connections; masks for protecting the face other than sporting apparatus; measuring tapes; micrometers; moisture meters;
optical headlamp adjustment apparatus; protective eye shields for welders; protective hats for the prevention of accident or injury; refractometers; respiratory masks other than for artificial
respiration; safety face protection shields for use in industry; solar panels for electricity generation; spring calipers, namely, electronic sliding calipers; {specify, e.g., electronic, magnetic, non-electronic} stud detectors; surge protectors; vehicle
fuses; welding helmets; wheel alignment measuring apparatus; stethoscopes for use by motor mechanics; spirit levels; protective work clothing, footwear and headgear; protective work
gloves
CLASS 010: Surgical, medical, dental and veterinary apparatus and instruments, namely, {specify items, e.g., scalpels, blades, staplers}; scalpels; syringes for injections; thermal packs for first aid purposes; supporting bandages, namely, slings; ear protection devices, namely, ear plugs for {specify use, e.g., sleeping, swimming, etc.}; temperature indicator labels for medical purposes; compression garments; first aid medical apparatus for sale in kit form comprising [specify components of kit]; ear defenders, namely, hearing protectors without the ability to reproduce or transmit sound
CLASS 012: Bicycle stands; bicycle racks for vehicles; car mechanics' creepers for use in inspecting the underneath of cars; fitted seat covers for vehicles; fitted covers shaped for vehicles; fitted caravan covers; fitted motorcycle covers; covers for
spare tyres; cycle carriers for use on vehicles; pallet transfer trucks; platform trucks; protecting covers fitted for vehicles; sack trucks; torque
converters for land vehicles; towing apparatus for vehicles, namely, {specify, e.g., vehicle tow bars}; trailers; vehicle covers fitted; fitted vehicle covers shaped; vehicle foot {specify, e.g., tire, air} pumps; anti-theft-wheel clamps (anti-theft-) for vehicle in the nature of steering wheel locks; anti-theft wheel clamps for vehicle wheels
in the nature of wheel locks; wheel covers; anti-theft locks for use on automobile steering wheels; apparatus for towing vehicles, namely, tow balls, tow
hooks, tow bars
CLASS 020: Furniture, mirrors, picture frames; cupboards; medicine cabinets; clips, not of metal, for cables and pipes; benches
as furniture; library shelves; desks; office furniture; filing cabinets; seats; chairs as seats; hinges, not of
metal; display stands; shelves for filing-cabinets furniture; containers, not of metal, for liquid fuel; chests of drawers; Furniture, namely, sales and
display counter tables; non-modular containers, not of metal, for use in transportation and storage
for commercial or industrial use; tables; tool and tool accessory trays not made of metal sold empty and parts and fittings therefor; knife handles, not of metal; towel dispensers, fixed, not of metal; towel dispensers, not of metal, fixed; ladders of
wood or plastics; packaging containers of plastic; reels, not of metal, non-mechanical, for flexible hoses; winding spools, not of metal, non-mechanical, for flexible hoses; work benches;
furniture, namely, storage racks; scythe handles, not of metal; closures, not of metal, for containers; {specify, e.g.,
wall-mounted, free-standing portable} gun racks; crates; bicycle racing number plates, not of metal; registration plates, not of metal; furniture of
metal; rattan; washstands as furniture; latches, not of metal; lecterns; tool handles, not of metal; hampers in the
nature of baskets for transporting goods for commercial purposes; step ladders, not of metal; furniture
partitions of wood; furniture casters, not of metal; identity plates, not of metal; screens as furniture; clothes hooks, not of metal; furniture shelves;
locks, not of metal, for vehicles; shelves for storage; lockers; trestle tables as furniture; keyboards for hanging keys; wickerwork; troughs, not of metal,
for mixing mortar; bins, not of metal; chests, not of metal; broom handles, not of metal; vice benches being furniture, not of metal; barrels, not of
metal; plugs, not of metal, namely, non-metallic closures for containers; bungs, not of metal, namely, locking plastic
cap that covers bung openings in plastic and metal containers for tamper evidence; bottle stoppers, not of metal; sealing caps, not of metal;
screws, not of metal; rivets, not of metal; dowels, not of metal; pegs pins, not of metal, namely, cotter pins; pins pegs, not of metal namely, cotter pins; bolts, not of metal; bins of wood or plastic; boxes of wood or plastic; drain traps valves of plastic being
other than machine parts; plugs, namely, dowels, not of metal; wall plugs, not of metal; footstools; stools; water-pipe valves of plastic; locks,
other than electric, not of metal; baskets, not of metal, for transporting goods for commercial purposes; signboards of wood or plastics; serving trolleys as furniture; chests for toys; plastic key cards, not encoded and not magnetic; saw horses; knobs, not of
metal; door bolts, not of metal; saw benches being furniture; step stools, not of metal; split rings, not of
metal, for keys; bins not of metal; metal cabinets being storage units for use on work sites; cable ties
not of metal; non-metallic fuel cans (non-metallic); non-metallic-hose clips for {indicate use} (non-metallic-); kick steps; lockers; non-metallic ladders; oil drainage
containers non-metallic; plastic inserts in the nature of trays for tool boxes; non-metallic stands
(non-metallic) for barrels; non-metallic tool storage containers (non-metallic); work benches; non-metallic-fire safe cabinets (non-metallic-); lockable boxes non-metallic for cash and valuables; fitted tool boxes, not of metal, sold empty; none of the aforesaid being
beds, mattresses, pillows, headboards, bases for beds or mattress foundations or parts and fittings thereof
CLASS 021: Household or kitchen utensils, namely, {specify utensils by common commercial
name(s), e.g., kitchen tongs} and containers; combs and sponges for household purposes; {specify, e.g., clothes,
hair, nail and tooth} brushes, except paintbrushes; brush-making materials; articles for cleaning purposes, namely, {specify articles by common commercial
name(s), e.g., cleaning cotton}; steelwool; glassware, porcelain and earthenware, namely, {specify, e.g., beverage glassware, jars for jams and jellies of
{specify type, e.g., earthenware, glass, porcelain}}; nozzles for watering hose; watering devices, namely, {specify devices by common commercial name(s),
e.g., watering pots and funnels}; sprinkling devices, namely, {specify devices by common commercial name(s), e.g., watering pots, sprinkling
trucks}; {specify, e.g., clothes, hair, nail and tooth} brushes; sprinklers for watering grass, flowers and
plants; watering cans; brooms; non-electric carpet sweepers; glass flasks containers; buckets; pails; glass bowls; bottles, sold empty; insulating flasks; vacuum bottles; bottle openers, electric and non-electric; brush goods, namely, {specify, e.g., cleaning brushes
for household use, brushes for pets}; fly swatters; rags cloth for cleaning; cloths for cleaning; rags for cleaning; apparatus for wax-polishing, non-electric, namely, floor polish applicators mounted on mop handles; glasses receptacles, namely. {specify, e.g., glass mugs, trays for domestic purposes,
glass carafes}; polishing leather; cleaning instruments, hand-operated, namely,{specify, e.g., cleaning mitts of fabric, apparatus for cleaning teeth and
gums using high pressure water for home use}; dusting apparatus, non-electric, namely, {specify, e.g., dusting brushes and pans}; funnels; buckets
made of woven fabrics; mops; scrubbing brushes; insect traps; scouring pads; pads for cleaning; strainers for household purposes; nozzles for watering cans;
roses for watering cans; polishing apparatus and machines, for household purposes, non-electric, namely, {specify, e.g., non-electric carpet sweepers};
garbage cans; refuse bins; trash cans; coolers, namely, ice pails; rat traps; containers for household or kitchen use; mouse traps; aerosol dispensers, not
for medical purposes; abrasive pads for kitchen purposes; non-electric portable cold boxes; non-electric portable coolers (Am.); chamois leather for cleaning; buckskin for
cleaning; skins of chamois for cleaning; wax-polishing appliances, non-electric, for shoes, namely. {specify, e.g., shoe polish applicators not containing shoe
polish, shoe polishing mitts}; cotton waste for cleaning; jugs; feather-dusters; dusting cloths rags; flasks; gloves for household purposes; polishing gloves; cloth for washing floors; fused
silica semi-worked product, other than for building, namely, ingots, tubes, rods, discs, plates and rings all for general industrial and further manufacturing
use; gardening gloves; mop wringers; waste paper baskets; electric devices for attracting and killing insects; fly traps; car washing mitts, {specify, e.g.,
eyeglass cleaning, cleaning, dusting and polishing} cloths; cleaning brushes for household use; brooms; buckets; household gloves for cleaning; funnels; waste bins for household use; nozzles for watering hoses; wire brushes, not being machine parts
CLASS 022: Ropes and string; commercial nets; tents, awnings of textile or synthetic materials and tarpaulins; sacks, namely, {specify, e.g., Bivouac sacks, sacks for the transportation or storage of materials in bulk}; ropes, not of metal; rope ladders; awnings of textile; vehicle covers, not fitted; wrapping or binding bands, not of metal; braces, not of metal, for handling loads; harness, not of metal, for handling loads; straps, not of metal, for handling loads; belts, not of metal, for handling loads; slings, not of metal, for handling loads; cables, not of metal; packing rope; awnings of synthetic materials; bindings bands, not of metal; heavy duty bags for recycling and disposal of building materials; covers not shaped for vehicles, namely, tarpaulins; vehicle covers not fitted; devices in form of elasticated rope for securing goods on vehicles; car towing ropes
CLASS 025: Clothing, namely, {indicate specific item
e.g. shirts, pants, skirts, etc.}, footwear, headgear, namely, {specify type, e.g., hats, caps, etc.}; non-slipping soles devices for footwear; motorists' clothing, namely, {indicate specific item e.g., shirts, pants, skirts, etc.}; overalls; caps
being headwear; boots; tips for footwear; lace boots; belts as clothing; sweaters; pullovers; jumpers pullovers;
shirts; shirt fronts; short-sleeve shirts; hats; headgear for wear by {specify wearer, e.g., babies, adults, children, women, men, etc. NOTE: Animal clothing is
classified in Class 18.}; fittings of metal for footwear; ear muffs as clothing; gaiters; trousers; pants (Am.); cyclists' clothing, namely, {indicate specific item e.g., jerseys}; outer clothing, namely, {indicate specific item e.g., jackets}; gloves
as clothing; scarves; scarfs; galoshes; galoshes; coats; waterproof clothing, namely, {indicate specific item e.g.
jackets and pants}; aprons as clothing; wooden shoes; uniforms; paper clothing in the nature of hats for use as clothing items; bibs, not of paper; shoes; clothing of imitations of leather, namely, {indicate specific item e.g.
shirts, pants, skirts, etc.}; clothing of leather, namely, {indicate specific item e.g. shirts, pants, skirts, etc.}; visors being headwear; articles of weather-resistant clothing, namely, {indicate specific item e.g. rain wear, windbreakers, shirts,
pants} and headgear headwear, namely, {specify type, e.g., hats, caps, etc.} for use in adverse weather conditions; waterproof
clothing, namely, {indicate specific item e.g. jackets and pants}; waterproof {specify type, e.g., wet, rain, snow,
ski} suits; waterproof coveralls; coveralls; waterproof jackets
General Guidelines for Amending Identifications
In general, commas should be used in an identification (1) to separate a series of related items identified within a particular category of goods or services, (2) before and after “namely,” and (3) between each item in a list of goods or services following “namely” (e.g., personal care products, namely, body lotion, non-medicated hand soap, shampoo). TMEP §1402.01(a). Semicolons generally should be used to separate a series of distinct categories of goods or services within an international class (e.g., personal care products, namely body lotion; deodorizers for pets; glass cleaners). Id.
Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted goods and/or services may not later be reinserted. See 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).
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
RESPONSE GUIDELINES
For this application to proceed further, applicant must explicitly address each refusal and/or requirement raised in this Office action. If the action includes a refusal, applicant may provide arguments and/or evidence as to why the refusal should be withdrawn and the mark should register. Applicant may also have other options specified in this Office action for responding to a refusal and should consider those options carefully. To respond to requirements and certain refusal response options, applicant should set forth in writing the required changes or statements. For more information and general tips on responding to USPTO Office actions, response options, and how to file a response online, see “Responding to Office Actions” on the USPTO’s website.
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 and the trademark will fail to register. See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a), 2.68(a); TMEP §§718.01, 718.02. Additionally, the USPTO will not refund the application filing fee, which is a required processing fee. See 37 C.F.R. §§2.6(a)(1)(i)-(iv), 2.209(a); TMEP §405.04.
When an application has abandoned for failure to respond to an Office action, an applicant may timely file a 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. The petition must be filed within two months of the date of issuance of the notice of abandonment and may be filed online via the Trademark Electronic Application System (TEAS) with a $100 fee. See 37 C.F.R. §§2.6(a)(15)(ii), 2.66(b)(1).
Because of the legal technicalities and strict deadlines involved in the USPTO application process, applicant may wish to hire a qualified U.S. attorney specializing in trademark matters to represent applicant in this process and provide legal advice. Although the undersigned trademark examining attorney is permitted to help an applicant understand the contents of an Office action as well as the application process in general, no USPTO attorney or staff is permitted to give an applicant legal advice or statements about an applicant’s legal rights. TMEP §§705.02, 709.06. For attorney referral information, applicant may consult the American Bar Association’s Consumers’ Guide to Legal Help or an online directory of legal professionals, such as FindLaw®. The USPTO, however, may not assist an applicant in the selection of a private attorney. 37 C.F.R. §2.11.
Please note that 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 U.S. commonwealths or U.S. territories; and
(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 U.S. commonwealths or U.S. territories. 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.
/Barbara Rutland/
Examining Attorney
Law Office 101
USPTO
Phone: 571-272-9311
Fax: 571-273-9101
barbara.rutland@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.