Offc Action Outgoing

SEALEY

Jack Sealey Limited

U.S. TRADEMARK APPLICATION NO. 79202997 - SEALEY - 151270-00100

To: Jack Sealey Limited (mhomyk@blankrome.com)
Subject: U.S. TRADEMARK APPLICATION NO. 79202997 - SEALEY - 151270-00100
Sent: 2/23/2018 4:09:47 PM
Sent As: ECOM101@USPTO.GOV
Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

 

U.S. APPLICATION SERIAL NO.  79202997

 

MARK: SEALEY

 

 

        

*79202997*

CORRESPONDENT ADDRESS:

       Matthew A. Homyk

       Blank Rome LLP

       One Logan Square

       Philadelphia PA 19103

       

 

CLICK HERE TO RESPOND TO THIS LETTER:

http://www.gov.uspto.report/trademarks/teas/response_forms.jsp

 

VIEW YOUR APPLICATION FILE

 

APPLICANT: Jack Sealey Limited

 

 

 

CORRESPONDENT’S REFERENCE/DOCKET NO:  

       151270-00100

CORRESPONDENT E-MAIL ADDRESS: 

       mhomyk@blankrome.com

 

 

 

OFFICE ACTION

 

STRICT DEADLINE TO RESPOND TO THIS LETTER

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.  A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.

 

 

ISSUE/MAILING DATE: 2/23/2018

 

 

INTERNATIONAL REGISTRATION NO. 1334206

 

This Office action is supplemental to the previous Office action issued on 06/05/2017 in connection with this application.  The assigned trademark examining attorney inadvertently omitted a requirement relevant to the mark in the subject application.  See TMEP §§706, 711.02.  Specifically, the requirement to clarify the identification of goods in Class 11 was inadvertently omitted.

 

The trademark examining attorney apologizes for any inconvenience caused by the delay in raising this issue. 

Notwithstanding the new issue concerning Class 11, the trademark examining attorney has reviewed applicant’s communication filed on 12/04/2017. 

Based on applicant’s response, the trademark examining attorney notes that the following requirement(s) have been satisfied: definite amended identification provided in Classes 2, 3, 4, 5, 8, 10, 22 and 25.  See TMEP §§713.02, 714.04. 

The following refusal(s) have also been obviated:  sufficient amendment of goods to overcome Trademark Act Section 2(d) for a likelihood of confusion with a registered mark and sufficient Section 2(f) claim in response to Section 2(e)(4) refusal.  See TMEP §§713.02, 714.04.   

Lastly, in addition the new requirement to requirement to clarify the identification of goods in Class 11, trademark examining attorney maintains the requirement to clarify the identification of goods in Classes 1, 6, 7, 9, 11, 12, 20 and 21.

Applicant must respond to all issues raised in this Office action, within six (6) months of the date of issuance of this Office action.  37 C.F.R. §2.62(a); see TMEP §711.02.  If applicant does not respond within this time limit, the application will be abandoned.  37 C.F.R. §2.65(a).

 

IDENTIFICATION OF GOODS REQUIREMENT - THIS PARTIAL REQUIREMENT APPLIES ONLY TO THE CLASS 1, 6, 7, 9, 11, 12, 20 and 21 GOODS SPECIFIED THEREIN

 

Particular wording in the amended identification of goods is indefinite and must be clarified because the precise nature of the goods is unclear.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute 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; 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; 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; metallurgy cement for industrial use; 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 clarification of waste water; color-brightening chemicals for industrial purposes; combusting preparations, namely, chemical additives to motor fuel; chemical compositions for repairing inner tubes of tires; chemical compositions for repairing tires; chemical metal-working compositions for threading; condensation-preventing chemicals; coolants for vehicle engines; chemical corrosive preparations 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; 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, 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; fire extinguishing compositions; fireproofing preparations; flashlight preparations, namely, 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; iodized 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; 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, rubber cement for repairing pneumatic tires; 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 for diagnostic purposes, other than for medical use; hydraulic oil; welding gases; adhesives used in industry

 

Class 006:       Metal building materials, namely, cladding boards, ceiling boards and floor boards; transportable buildings of metal; nonelectric cables and wires of common metal; ironmongery, small items of metal hardware, namely, springs, washers, nuts; pipes and tubes of metal; metal safes; steel alloys; steel wire; steel sheets; steel tubes; steel pipes; nozzles of metal, namely, metal non-automatic fueling nozzles, metal wash down spray nozzles for commercial and industrial use; aluminum; aluminum 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, 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, 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; signaling 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, 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 nonmechanical, of metal; locks of metal for vehicles; 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 iron and 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, nonluminous; 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, 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 oil wells; 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, 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, nonelectric; 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, door knobs, works of art; metal hand-operated air hose reels; cotter pins of metal; look lock cylinders of metal for gas; fire safe cabinets of metal; fuel cans of metal; hose clips of metal; key cabinets not furniture of metal; 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 compacting powder materials, crushing rock, crushing or compacting metals; agricultural implements other than hand-operated, namely, cultivators, harvestors, disk harrows, seeders; machines for automotive, building, vehicle recovery, cleaning, woodwork and home improvement and maintenance purposes; machine tools for compacting powder materials, crushing rock, crushing or compacting metals; air compressors; Air-operated power tools, namely, jacks for lifting loads; air filters for mechanical purposes; mechanical air hose reels; air powered tools, namely, impact wrenches, ratchet wrenches, drills, grinders, orbital sanders; 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, drills, routers, circular saws; electric pumps; electric vacuum cleaners; electric welding machines; electrically powered hand tools, namely, drills, routers, circular saws; electronic starters for engines; cleaning machines for 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; wind-powered, electricity, Steam-operated power generators; grinding discs being parts of machines; hand held cordless power tools, namely, drills, screwdrivers, routers, circular saws, sanders; hand-held tools, other than hand-operated, namely, drills, routers, screwdrivers, circular saws, sanders; high pressure washers; hoists; hydraulic machines for use in the repair of vehicle bodies; hydraulic power tools, namely, lifting jacks; hydraulically operated benches for the repair of vehicle bodies; power jacks; 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 luggage on to airplanes, freight into vehicles; lubricators, namely, power-operated lubricant dispensers for machines; machine stands; machines for changing tires; machines for the maintenance and repair of vehicles; manual chain block hoists; mechanical presses for industrial use; mechanical tools, namely, mechanical spreaders, mechanical lifters and joists sold as a unit; mechanically operated hand tools, namely, drills, screwdrivers, routers, circular saws, orbital sanders; mechanically operated tools, namely, 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, drills, screwdrivers, rivet hammers, saws; pneumatic jacks; pneumatic power tools, namely, drills, screwdrivers, rivet hammers; portable air tools, namely, drills, screwdrivers, rivet hammers, saws; portable electric meat, coffee grinders; power operated jacks; power operated tools for use in vehicle maintenance; power tools, namely, drills, routers, circular saws, screwdrivers; pulleys being parts of machines; rammers being machines; riveter as air powered tools; rotary tools, namely, brushes for machines; sand blasting machines; electric sanders; power saw blades; electric screw extractors; 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, torque converters; pneumatically operated tire 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 009:       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; fire-extinguishing apparatus; reflecting discs for wear, for the prevention of traffic accidents; protection devices for personal use against accidents, namely, inflatable floatation 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, anti-glare filters for televisions and computer monitors; electric transformers for electricity; calipers as rules for measuring nuts, lock nuts, and the separation distance between the two measuring points therewithin; fire alarms; automatic indicators of low pressure in vehicle tires; automatic indicators of low pressure in vehicle tires; automatic indicators of low pressure in vehicle tires; alarm bells, electric; scales; barometers; weighing machines; fire beaters, namely, 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 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 signaling 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; smoke and radon detectors; distance measuring apparatus; range finders; measuring apparatus, namely, clamp meters for measuring electricity; water level indicators; workmen's protective face-shields; electronic {specify, e.g., distance} measuring devices, electric; cables, electric; ducts 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; steam, 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; instruments containing eyepieces; surveyors' levels; optical goods, namely, {specify, e.g., cables for electrical and optical signal transmission systems; pressure gauges; protective masks; carpenters' rules; precision measuring apparatus, namely depth and distance gauges, digital ammeters and voltmeters, current and charge meters; measuring instruments, namely depth and distance gauges, digital ammeters and voltmeters, current and charge meters; 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, cameras; ohmmeters; optical apparatus and instruments, namely, optical mirrors; computers; oscillographs; micrometers; micrometer gauges; signaling 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 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, laptops, PC tablets; luminous beacons; 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; fiber 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, computer buffers; cable reels nonmechanical incorporating electrical sockets; {specify, e.g., slide, pocket} calipers 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 for identifying refrigerant type and purity in automobile air conditioning systems, for identifying engine faults; protective eyeglass shields; spark plug feeler gauges; fire blankets; fire extinguishers; angle, depth, fuel, gasoline, pressure gauges; gloves for protection against accidents; 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, 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; electronic, magnetic, non-electronic stud detectors; surge protectors; vehicle fuses; welding helmets; wheel alignment measuring apparatus; stethoscopes for use by motor mechanics; protective work clothing, footwear and headgear; protective work gloves

 

 

Class 011:       Apparatus for water supply and sanitary purposes, namely, {specify, e.g., ozone sanitizers for water}; automatic watering installations, namely, {specify, e.g., watering machines for agricultural purposes}; heat accumulators; acetylene burners; acetylene generators; ventilation hoods; air deodorising apparatus, namely, electric air deodorizers; air cooling apparatus; filters for air conditioning; air reheaters, namely, heat generators; air dryers, namely, electric hot air dryers; air conditioning installations; air filtering installations; gas lighters, namely, friction lighters for igniting gas; lighters, namely, utility lighters for lighting grills, fireplaces and candles; light bulbs; electric light bulbs; arc lamps; electric lamps; refrigerating cabinets; lights for vehicles; anti-dazzle devices for automobiles lamp fittings, namely, , fitted anti-glare devices for automobile headlamps; headlights for automobiles; lamps; lanterns for lighting; lamp mantles; lamp casings; incandescent burners for lamps; burners for lamps; bicycle lights; kilns; hydrants; radiator caps; pocket torches, electric, for lighting; pocket searchlights; anti-splash tap nozzles; burners, namely, {specify, e.g., laboratory burners, gas burners for {indicate use, e.g., industrial, commercial, domestic} use}; fans for air-conditioning apparatus; heating apparatus, namely, {specify, e.g., floor heating apparatus}; plumbing fittings, namely, cocks; spigots for pipes; faucets for pipes; pipe line cocks being spigots; heating installations, namely, heat regenerators; light bulbs for directional signals for vehicles; carbon for arc lamps, namely, filaments for electric lamps; heating installations; flushing toilet tanks; air conditioners for vehicles; heaters for vehicles; electric heating apparatus, namely, {specify, e.g., space heating apparatus}; humidifiers for central heating radiators; heating elements; immersion heaters; water distribution installations, namely, {specify, e.g., water fountains}; drying apparatus, namely, {specify, e.g., touchless hand drying apparatus, drying apparatus for chemical processing}; air conditioning apparatus; fuel economisers, namely, heat exchangers not being parts of machine; fuel economizers, namely, heat exchangers not being parts of machines; pipes parts being of sanitary facilities; water-pipes for sanitary installations, being pipes as part of sanitary facilities; water conduits installations, namely, water fountains; cooking apparatus and installations, namely, cooking oven; bicycle lights; defrosters for vehicles, namely, defrosting apparatus for vehicle; disinfectant apparatus for banknotes; light diffusers; sockets for electric lights; water purification installations; water filtering apparatus; cooling installations for water; water sterilizers; heat exchangers, not parts of machines; lighting apparatus and installations; ceiling lights; radiators, electric; {specify, e.g., cooking, gas, electric} stoves; forage drying apparatus; evaporators for air conditioners; heating apparatus in the nature of {specify, e.g., cooking, gas, electric} stoves; filaments for electric lamps; portable forge furnaces; fire bars, namely, fireplaces; refrigerating apparatus and machines; gas burners; gas lamps; ice boxes; ice chests; lamp globes; globes for lamps; hot plates; grills for cooking food, namely, multi-purpose, electric countertop food preparation apparatus for cooking, baking, broiling, roasting, toasting, searing, browning, barbecuing and grilling food; oil lamps; LED safety lamps; lamp reflectors; fairy lights for festive decoration; hand-washing basins  being parts of sanitary installations; hand-washing bowls as parts of sanitary installations; luminous tubes for lighting; magnesium filaments for lighting; miners' lamps, namely, safety lamps for underground use; plumbing fittings, namely, level controlling valves in tanks; electric lights for Christmas trees; electric radiators for heating buildings; oil burners for {indicate use, e.g., industrial, commercial, domestic} use; vehicle headlights; heating plates, namely, hot plates; electric torches for lighting; flashlights torches; searchlights; cooling installations and machines for cooling water and beverages; water heaters; vehicle reflectors; refrigerating appliances and installations; cooling appliances and installations; dampers heating, namely, {specify, e.g., chimney dampers, control devices used in air ducts to regulate the flow of air; washers for water taps; sanitary apparatus and installations, namely, {specify, e.g., steam rooms, urinals being sanitary fixtures}; drying apparatus and installations, namely, {specify, e.g., touchless hand drying apparatus, forage drying apparatus}; sterilizers; lighting apparatus for vehicles; ventilation air-conditioning installations and apparatus; ventilation air-conditioning installations for vehicles; anti-glare devices for vehicles lamp fittings, namely, fitted anti-glare devices for automobile headlamps; anti-dazzle devices for vehicles lamp fittings, namely, fitted anti-glare devices for automobile headlamps; heating apparatus for defrosting windows of vehicles; lamps light bulbs for directional signals of automobiles; lights for automobiles; automobile lights; street lamps; standard lamps; barbecues; heat pumps; solar thermal collectors for heating; refrigerators; heating filaments for electric lamps; electric fans for personal use; disposable sterilization pouches, not for medical use; fabric steamers; light-emitting diodes (LED) lighting apparatus, namely, LED lighting fixtures; apparatus for air cooling purposes; air conditioning apparatus; electric air dryers; dehumidifiers; electric lamps; electric torches for lighting; floodlights; fluorescent lighting fixtures; fume extractor in the nature of range hood; hand torches, namely, flashlights; {specify, e.g., water, vehicle} heaters; lighting apparatus, namely, lighting installations; radiators; electric room fans; welding fume extraction installations, namely, air filtering machines; light reflectors

 

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-) shaped for vehicles; fitted caravan covers; fitted motorcycle covers; covers for spare tires; 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, vehicle tow bars; trailers; vehicle covers fitted; fitted vehicle covers shaped; vehicle foot tire and air pumps; anti-theft wheel clamps 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:       Clips, not of metal, for cables and pipes; hinges, not of metal; display stands; containers, not of metal, for liquid fuel; non-modular containers, not of metal, for use in transportation and storage for commercial or industrial use; tool and tool accessory trays, not 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; 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; latches, not of metal; tool handles, not of metal; steps ladders, not of metal; identity plates, not of metal; clothes hooks, not of metal; locks, not of metal, for vehicles; shelves for storage; lockers; keyboards for hanging keys; wickerwork; troughs, not of metal, for mixing mortar; bins, not of metal; broom handles, not of metal; vice benches, 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; 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; plastic key cards, not encoded and not magnetic; saw horses; knobs, not of metal; door bolts, not of metal; step stools, not of metal; split rings, not of metal, for keys; non-metallic bins; metal cabinets being storage units for use on work sites; cable ties not of metal; non-metallic fuel cans; non-metallic hose clips for {indicate use}; kick steps; lockers; non-metallic ladders; non-metallic oil drainage containers; plastic inserts (trays) in the nature of trays for tool boxes; non-metallic stands for barrels; non-metallic tool storage containers; work benches; non-metallic fire safe cabinets; 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 and containers, namely, kitchen tongs; combs and sponges for household purposes; brushes, except paintbrushes, namely, clothes, hair, nail and tooth brushes (except paintbrushes); brush-making materials; articles for cleaning purposes, namely, cleaning cotton; steel wool; glassware, porcelain and earthenware, namely, beverage glassware, jars for jams and jellies of earthenware, porcelain and glass; nozzles for watering hose; watering devices, namely watering pots and funnels; sprinkling devices, namely, watering pots, sprinkling trucks; 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, 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, glass mugs, trays for domestic purposes, glass carafes; polishing leather; cleaning instruments, hand-operated, namely, cleaning mitts of fabric; dusting apparatus, non-electric, namely dusting brushes and cloths; 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, 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; chamois leather for cleaning; buckskin for cleaning; skins of chamois for cleaning; non-electric wax-polishing appliances for shoes, namely, 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; gardening gloves; mop wringers; waste paper baskets; electric devices for attracting and killing insects; fly traps; car washing mitts, cleaning, dusting and polishing cloths; cleaning brushes for household use; brooms; household gloves for cleaning; waste bins for household use; wire brushes, not being machine parts

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).

 

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 – PARTIAL ABANDONMENT ADVISORY

 

For this application to proceed further for the full list of applicant’s goods and/or services, 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 date on which the USPTO sends this Office action to the International Bureau, then the unacceptable goods in Classes 1, 6, 7, 9, 11, 12, 20 and 21 will be deleted from the application and the application will then proceed forward with the currently acceptable goods in Classes 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 20, 21, 22 and 25. See 37 C.F.R. §2.65(a)-(a)(1); TMEP §§711, 718.02(a).  In such case, an applicant may timely file a petition to revive the abandoned goods in Classes 1, 6, 7, 9, 11, 12, 20 and 21, which, if granted, would allow for the reinsertion of these goods into the application.  See 37 C.F.R. §2.66; TMEP §§718.02(a), 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(a)(1), (b)(1).

 

If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney.  All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.  Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights.  See TMEP §§705.02, 709.06.

 

 

 

/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.

 

 

U.S. TRADEMARK APPLICATION NO. 79202997 - SEALEY - 151270-00100

To: Jack Sealey Limited (mhomyk@blankrome.com)
Subject: U.S. TRADEMARK APPLICATION NO. 79202997 - SEALEY - 151270-00100
Sent: 2/23/2018 4:09:48 PM
Sent As: ECOM101@USPTO.GOV
Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 2/23/2018 FOR U.S. APPLICATION SERIAL NO. 79202997

 

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 2/23/2018 (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.

 

 


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