UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

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: 4/20/2018

THIS IS A FINAL ACTION.

INTERNATIONAL REGISTRATION NO. 1366103

INTRODUCTION

This Office action is in response to applicant’s communication filed on April 6, 2018.

In a previous Office action dated October 7, 2018, the trademark examining attorney refused registration of the applied-for mark based on the following:  Trademark Act Section 2(d) for a likelihood of confusion with the marks in U.S. Registration Nos. 4372158, 4372156, 2417725, and 1228094.

In addition, applicant was required to satisfy the following requirements: amendment of mark description; amendment of identification of goods and services; and English translation of foreign wording.

Based on applicant’s response, the trademark examining attorney notes that the following requirements have been satisfied: amendment of mark description; and English translation of foreign wording.

In addition, the following refusal has been withdrawn: Trademark Act Section 2(d) for a likelihood of confusion with the mark in U.S. Registration No. 1228094.  See TMEP §§713.02, 714.04. 

Further, the trademark examining attorney maintains and now makes FINAL the refusal and requirement in the summary of issues below.  See 37 C.F.R. §2.63(b); TMEP §714.04.

SUMMARY OF ISSUES MADE FINAL that applicant must address:

• Final Refusal – Section 2(d) Likelihood of Confusion – Class 016 Only and
• Final Requirement – Amendment of Identification of Goods and Services

SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION

THIS PARTIAL REFUSAL APPLIES TO CLASS 016 ONLY

Registration of the applied-for mark is refused because of a likelihood of confusion with the marks in U.S. Registration Nos. 4372158, 4372156 and 2417725.  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the previously attached registrations.

Applicant’s mark is “MICRON” for “Adhesives for stationery or household purposes, namely, glue for stationery or household use; adhesive tapes for stationery or household purposes; Appliques in the form of decalcomanias; Aquarelles; Bags of paper or plastics, for packaging; Canvas for paintings; Cardboard articles, namely, cardboard boxes, cardboard containers, cardboard packaging, cardboard carries for food and beverages; Figurines, statuettes, of papier mâché; Labels, not of textile, namely, adhesive labels, blank or partially printed paper labels, labels of paper or cardboard, plastic labels; Modelling clay; Modeling materials, namely, polymer modeling clay, modeling paste, modeling dough, modeling wax not for dental purposes, modeling compounds for use by children; Packaging material made of starches, namely, packaging and containers comprised of starch-based materials in the nature of a paper substitute for food, beverages and consumer products; Printed patterns for making clothes; Bookends; Photograph stands; Modeling compounds, namely, plastics for modelling; Painting sets for artists; Stencil plates; Stickers; Table napkins of paper”

Registrant’s marks are

“PIGMA MICRON” U.S. Reg. No. 4372158 for “Writing instruments”

“PIGMA MICRON” U.S. Reg. No. 4372156 for “Writing instruments”

“MICRON” U.S. Reg. No. 2417725 for “Writing instruments”

Trademark Act Section 2(d) bars registration of an applied-for mark that so resembles a registered mark that it is likely a consumer would be confused, mistaken, or deceived as to the source of the goods of the applicant and registrant.  See 15 U.S.C. §1052(d).  Determining likelihood of confusion is made on a case-by-case basis by applying 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).  In re i.am.symbolic, llc, 866 F.3d 1315, 1322, 123 USPQ2d 1744, 1747 (Fed. Cir. 2017).  However, “[n]ot all of the [du Pont] factors are relevant to every case, and only factors of significance to the particular mark need be considered.”  Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1366, 101 USPQ2d 1713, 1719 (Fed. Cir. 2012) (quoting In re Mighty Leaf Tea, 601. F.3d 1342, 1346, 94 USPQ2d 1257, 1259 (Fed. Cir 2010)).  The USPTO may focus its analysis “on dispositive factors, such as similarity of the marks and relatedness of the goods [and/or services].”  In re i.am.symbolic, llc, 866 F.3d at 1322, 123 USPQ2d at 1747 (quoting Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1164-65, 64 USPQ2d 1375, 1380 (Fed. Cir. 2002)); see TMEP §1207.01. 

Comparison of the Marks

Marks are compared in their entireties for similarities in appearance, sound, connotation, and commercial impression.  Stone Lion Capital Partners, LP v. Lion Capital LLP, 746 F.3d 1317, 1321, 110 USPQ2d 1157, 1160 (Fed. Cir. 2014) (quoting Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee En 1772, 396 F.3d 1369, 1371, 73 USPQ2d 1689, 1691 (Fed. Cir. 2005)); TMEP §1207.01(b)-(b)(v).  “Similarity in any one of these elements may be sufficient to find the marks confusingly similar.”  In re Davia, 110 USPQ2d 1810, 1812 (TTAB 2014) (citing In re 1st USA Realty Prof’ls, Inc., 84 USPQ2d 1581, 1586 (TTAB 2007)); In re White Swan Ltd., 8 USPQ2d 1534, 1535 (TTAB 1988)); TMEP §1207.01(b).

Here, the applied-for mark, “MICRON”, and the registered marks, “PIGMA MICRON” U.S. Reg. No. 4372158, “PIGMA MICRON” U.S. Reg. No. 4372156, and “MICRON” U.S. Reg. No. 2417725 are similar in appearance as the marks contain the identical term “MICRON”. Further, Applicant has submitted in the April 6, 2018 Response that the Cyrillic characters transliterate to “MIKRON” and this means “MICRON” in English, thereby resulting in a similar meaning between the marks as well. Marks may be confusingly similar in appearance where similar terms or phrases or similar parts of terms or phrases appear in the compared marks and create a similar overall commercial impression.  See Crocker Nat’l Bank v. Canadian Imperial Bank of Commerce, 228 USPQ 689, 690-91 (TTAB 1986), aff’d sub nom. Canadian Imperial Bank of Commerce v. Wells Fargo Bank, Nat’l Ass’n, 811 F.2d 1490, 1495, 1 USPQ2d 1813, 1817 (Fed. Cir. 1987) (finding COMMCASH and COMMUNICASH confusingly similar); In re Corning Glass Works, 229 USPQ 65, 66 (TTAB 1985) (finding CONFIRM and CONFIRMCELLS confusingly similar); In re Pellerin Milnor Corp., 221 USPQ 558, 560 (TTAB 1983) (finding MILTRON and MILLTRONICS confusingly similar); TMEP §1207.01(b)(ii)-(iii).

Further, the applied-for mark contains the entirety of the registered mark, MICRON” U.S. Reg. No. 2417725, and Cyrillic characters that translate to “MICRON”, therefore resulting in an impression of an association with the registered marks, namely that “MICRON” paper products are related to or a version of “PIGMA MICRON” and “MICRON” writing implements. Incorporating the entirety of one mark within another does not obviate the similarity between the compared marks, as in the present case, nor does it overcome a likelihood of confusion under Section 2(d).  See Wella Corp. v. Cal. Concept Corp., 558 F.2d 1019, 1022, 194 USPQ 419, 422 (C.C.P.A. 1977) (finding CALIFORNIA CONCEPT and surfer design and CONCEPT confusingly similar); Coca-Cola Bottling Co. v. Jos. E. Seagram & Sons, Inc., 526 F.2d 556, 557, 188 USPQ 105, 106 (C.C.P.A. 1975) (finding BENGAL LANCER and design and BENGAL confusingly similar); In re Integrated Embedded, 120 USPQ2d 1504, 1513 (TTAB 2016) (finding BARR GROUP and BARR confusingly similar); In re Mr. Recipe, LLC, 118 USPQ2d 1084, 1090 (TTAB 2016) (finding JAWS DEVOUR YOUR HUNGER and JAWS confusingly similar); TMEP §1207.01(b)(iii).  In the present case, the marks are identical in part.

Additionally, the design elements in the applied-for mark do not obviate the similarity between the marks as consumers will ask for the parties’ goods by name, “MICRON” paper and “MICRON” and “PIGMA MICRON” writing implements. When evaluating a composite mark containing both words and designs, the word portion is more likely to indicate the origin of the goods because it is that portion of the mark that consumers use when referring to or requesting the goods.  Bond v. Taylor, 119 USPQ2d 1049, 1055 (TTAB 2016) (citing In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908, 1911 (Fed. Cir. 2012)); TMEP §1207.01(c)(ii).  Thus, although marks must be compared in their entireties, the word portion is often considered the dominant feature and is accorded greater weight in determining whether marks are confusingly similar, even where the word portion has been disclaimed.  In re Viterra Inc., 671 F.3d at 1366-67, 101 USPQ2d at 1911 (citing Giant Food, Inc. v. Nation’s Foodservice, Inc., 710 F.2d 1565, 1570-71, 218 USPQ2d 390, 395 (Fed. Cir. 1983)). 

Comparison of the Goods

The goods are compared to determine whether they are similar, commercially related, or travel in the same trade channels.  See Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369-71, 101 USPQ2d 1713, 1722-23 (Fed. Cir. 2012); Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1165, 64 USPQ2d 1375, 1381 (Fed. Cir. 2002); TMEP §§1207.01, 1207.01(a)(vi).

The compared goods need not be identical or even competitive to find a likelihood of confusion.  See On-line Careline Inc. v. Am. Online Inc., 229 F.3d 1080, 1086, 56 USPQ2d 1471, 1475 (Fed. Cir. 2000); Recot, Inc. v. Becton, 214 F.3d 1322, 1329, 54 USPQ2d 1894, 1898 (Fed. Cir. 2000); TMEP §1207.01(a)(i).  They need only be “related in some manner and/or if the circumstances surrounding their marketing are such that they could give rise to the mistaken belief that [the goods] emanate from the same source.”  Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369, 101 USPQ2d 1713, 1722 (Fed. Cir. 2012) (quoting 7-Eleven Inc. v. Wechsler, 83 USPQ2d 1715, 1724 (TTAB 2007)); TMEP §1207.01(a)(i).

Here, the applied-for goods, “Adhesives for stationery or household purposes, namely, glue for stationery or household use; adhesive tapes for stationery or household purposes; Appliques in the form of decalcomanias; Aquarelles; Bags of paper or plastics, for packaging; Canvas for paintings; Cardboard articles, namely, cardboard boxes, cardboard containers, cardboard packaging, cardboard carries for food and beverages; Figurines, statuettes, of papier mâché; Labels, not of textile, namely, adhesive labels, blank or partially printed paper labels, labels of paper or cardboard, plastic labels; Modelling clay; Modeling materials, namely, polymer modeling clay, modeling paste, modeling dough, modeling wax not for dental purposes, modeling compounds for use by children; Packaging material made of starches, namely, packaging and containers comprised of starch-based materials in the nature of a paper substitute for food, beverages and consumer products; Printed patterns for making clothes; Bookends; Photograph stands; Modeling compounds, namely, plastics for modelling; Painting sets for artists; Stencil plates; Stickers; Table napkins of paper” and the registered goods, “Writing instruments” are related as these goods are commonly offered together with writing implements in arts and crafts, art supplies and paper stores.

The attached Internet evidence in the October 7, 2017 Office Action consists of websites from The Goulet Pen Co.™; Cult Pens™; and JetPens® show the offering of rulers, various types of paper and pen cases along with writing instruments in the form of pens and pencils together.

Further, the evidence attached herein from Blick®; Jerry’s Artarama®; U.S. Art Supply®; Artsupply.com™; DaVinci Artist Supply™; ArtMaterials™; Texas Art Supply™; Iron Oxide Art Supplies™; Arteza®; Utrecht®; JAM Paper & Envelope® and Paper Source® showing the offering of art supplies, paper and cardboard packaging boxes and containers, and stationery in the nature of “Adhesives for stationery or household purposes, namely, glue for stationery or household use; adhesive tapes for stationery or household purposes; Appliques in the form of decalcomanias; Aquarelles; Bags of paper or plastics, for packaging; Canvas for paintings; Cardboard articles, namely, cardboard boxes, cardboard containers, cardboard packaging, cardboard carries for food and beverages; Figurines, statuettes, of papier mâché; Labels, not of textile, namely, adhesive labels, blank or partially printed paper labels, labels of paper or cardboard, plastic labels; Modelling clay; Modeling materials, namely, polymer modeling clay, modeling paste, modeling dough, modeling wax not for dental purposes, modeling compounds for use by children; Packaging material made of starches, namely, packaging and containers comprised of starch-based materials in the nature of a paper substitute for food, beverages and consumer products; Printed patterns for making clothes; Bookends; Photograph stands; Modeling compounds, namely, plastics for modelling; Painting sets for artists; Stencil plates; Stickers; Table napkins of paper” along with various types of “writing instruments” together, establishes that the same entity provides the relevant goods and markets the goods under the same mark and the relevant goods are sold or provided through the same trade channels and used by the same classes of consumers in the same fields of use.  Thus, applicant’s and registrant’s goods are considered related for likelihood of confusion purposes.  See, e.g., In re Davey Prods. Pty Ltd., 92 USPQ2d 1198, 1202-04 (TTAB 2009); In re Toshiba Med. Sys. Corp., 91 USPQ2d 1266, 1268-69, 1271-72 (TTAB 2009).

Applicant argues that the amended identification of goods discussed above are unrelated to the registered goods as “These types of goods attract “niche” shoppers interested primarily in these very specific goods and not in “WRITING INSTRUMENTS” of the cited registrations”. See, April 6, 2018 Response p3. However, as the above evidence shows, the applied-for goods are commonly offered together with writing instruments in the setting of art supply, arts and craft and paper stores. Further, Applicant has offered no evidence that the applied-for goods are niche goods or are not available or offered together with the registered goods.

Additionally, Applicant references In re Bentley Motors Ltd. Serial No. 85325994 (T.T.A.B. Dec. 3, 2013) (non-precedential) regarding a reversal of a Section 2(d) refusal after Applicant has narrowed and limited the channels of trade in the identification of goods. See, April 6, 2018 Response p3-5. However, there are no limitations in the identification of goods in either the application or registration here and as discussed above, the goods at issue are commonly sold together and have common arts and crafts uses.

Further, the applied-for mark contains the entirety of U.S. Reg. No. 2417725 and generally, the greater degree of similarity between the applied-for mark and the registered mark, the lesser the degree of similarity between the goods of the parties is required to support a finding of likelihood of confusion.  In re C.H. Hanson Co., 116 USPQ2d 1351, 1353 (TTAB 2015) (citing In re Opus One Inc., 60 USPQ2d 1812, 1815 (TTAB 2001)); In re Thor Tech, Inc., 90 USPQ2d 1634, 1636 (TTAB 2009). 

Although applicant’s mark has been refused registration, applicant may respond to the refusal by submitting evidence and arguments in support of registration.

IDENTIFICATION OF GOODS & SERVICES

The identification of goods and services is indefinite and must be clarified because the wording in Class 008, “Hand tools, namely, spatulas, spoons” must be clarified as spoons are generally not considered hand tools and it appears that there should be a semi-colon separating the goods. Further, the goods “plastic labels” must be deleted from Class 016 as these goods are properly in Class 020 and goods cannot be moved into different classes in a Section 66(a) application. Additionally, the wording “modeling dough” in Class 016 is indefinite as “Toy modeling dough” is properly in Class 028. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

Further, the wording “cardboard carries for food and beverages” in the identification of goods and services in Class 016 appears to be misspelled and is thus indefinite; the spelling must be corrected or the wording further clarified.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01(a).  Applicant may substitute the following wording for the incorrect spelling, if accurate:  “cardboard carriers for food and beverages.”

Applicant may adopt the following identification, if accurate:

Class 006: Bolt snaps of metal; threaded fasteners of metal; metal holders for signboards

Class 007: Electric hand drills; Electric drills; Soldering blow pipes, gas-operated; Welding torches, electric; Gas-operated blow torches; Sewing machines; Glue guns, electric; Power tools, namely, tagging gun; Power tools, namely, rivet guns

Class 008: Abrading tools; Hand tools, namely, awls; Bits being parts of hand tools, namely, drill bits for hand drills; Blades for hand tools, namely, blades for manually-operated tools, shaving blades, blades for electric razors, blades for hand saws; Bow saws; Cutters, namely, wire cutters, glass cutters, cake cutters, box cutters, cutters for wine bottle foil hand-operated, cutter bars, pizza cutters non-electric, miter cutters being hand tools; Hand-operated cutting tools; Draw wires being hand tools, Hand tools, namely, drills; Embossers, namely, hand-operated press machines for paper making, book binding, embossing and relief and intaglio printing; Emery files; Engraving needles; Hand tools, namely, files; Goffering Irons; Hand tools, namely, graving tools; Hand tools, namely hammers; Handsaws; Hand tools, namely, hoop cutters; Knives; Hand tools, namely, taps; Hand tools, namely, polishing irons; Hand tools, namely riveting hammers; Hand tools, namely, saws; Hand tools, namely, screwdrivers; Sharpening steels; Hand tools, namely, shovels; Hand tools, namely, spatulas; spoons; Hand tools, namely, stamping-out-tools; Hand tools, namely, stamps; Sharpening stones; Table cutlery, namely, knives, forks and spoons; Gardening trowels; Tweezers; Vices

Class 009: Magnets; decorative magnets; holders for mobile phones

Class 011: Burners, namely, gas burners, burners for lamps, Bunsen burners for laboratory use, alcohol fuel burners for starting barbeque grills; Electric indoor grills; Lampshade holders; Lighters, namely, utility lighters for lighting grills, fireplaces and candles, friction lighters for igniting Bunsen burners, friction lighters for igniting gas; Evaporators, namely, evaporative air coolers, cooling evaporators, evaporators for air conditioners; Torches, namely, electric torches for lighting, propane torch for clearing vegetation, butane torches for cooking; Miniature light bulbs; Compact fluorescent light bulbs (CFLs)

Class 016: Adhesives for stationery or household purposes, namely, glue for stationery or household use; adhesive tapes for stationery or household purposes; Appliques in the form of decalcomanias; Aquarelles; Bags of paper or plastics, for packaging; Canvas for paintings; Cardboard articles, namely, cardboard boxes, cardboard containers, cardboard packaging, cardboard carriers for food and beverages; Figurines, statuettes, of papier mâché; Labels, not of textile, namely, adhesive labels, blank or partially printed paper labels, labels of paper or cardboard, plastic labels; Modelling clay; Modeling materials, namely, polymer modeling clay, modeling paste, modeling dough being modeling clay not for toys,  modeling wax not for dental purposes, modeling compounds for use by children; Packaging material made of starches, namely, packaging and containers comprised of starch-based materials in the nature of a paper substitute for food, beverages and consumer products; Printed patterns for making clothes; Bookends; Photograph stands; Modeling compounds, namely, plastics for modelling; Painting sets for artists; Stencil plates; Stickers; Table napkins of paper

Class 040: Chromium plating; Cloth cutting; Cloth edging; Colour separation services; Silkscreen printing; Firing pottery; Framing of works of art; Laser scribing of glass, wood, aluminum, textiles, plastic material, leather, ivory, metals, ceramics; Providing material treatment information; Paper treating; Photographic printing; Photogravure; Printing services; Silver-plating; Wool treating

Applicant’s goods and 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 services or add goods and 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 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 services will further limit scope, and once goods and 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 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 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.

FINAL OFFICE ACTION RESPONSE GUIDELINES – PARTIAL ABANDONMENT ADVISORY

Applicant must respond within six months of the date of issuance of this final Office action or the following goods to which the final refusal and requirement apply will be deleted from the application by Examiner’s Amendment: Hand tools, namely, spatulas, spoons; Adhesives for stationery or household purposes, namely, glue for stationery or household use; adhesive tapes for stationery or household purposes; Appliques in the form of decalcomanias; Aquarelles; Bags of paper or plastics, for packaging; Canvas for paintings; Cardboard articles, namely, cardboard boxes, cardboard containers, cardboard packaging, cardboard carries for food and beverages; Figurines, statuettes, of papier mâché; Labels, not of textile, namely, adhesive labels, blank or partially printed paper labels, labels of paper or cardboard, plastic labels; Modelling clay; Modeling materials, namely, polymer modeling clay, modeling paste, modeling dough, modeling wax not for dental purposes, modeling compounds for use by children; Packaging material made of starches, namely, packaging and containers comprised of starch-based materials in the nature of a paper substitute for food, beverages and consumer products; Printed patterns for making clothes; Bookends; Photograph stands; Modeling compounds, namely, plastics for modelling; Painting sets for artists; Stencil plates; Stickers; Table napkins of paper. 37 C.F.R. §2.65(a); see 15 U.S.C. §1062(b).

The application will then proceed for the following goods and services: Bolt snaps of metal; threaded fasteners of metal; metal holders for signboards;  Electric hand drills; Electric drills; Soldering blow pipes, gas-operated; Welding torches, electric; Gas-operated blow torches; Sewing machines; Glue guns, electric; Power tools, namely, tagging gun; Power tools, namely, rivet guns;  Abrading tools; Hand tools, namely, awls; Bits being parts of hand tools, namely, drill bits for hand drills; Blades for hand tools, namely, blades for manually-operated tools, shaving blades, blades for electric razors, blades for hand saws; Bow saws; Cutters, namely, wire cutters, glass cutters, cake cutters, box cutters, cutters for wine bottle foil hand-operated, cutter bars, pizza cutters non-electric, miter cutters being hand tools; Hand-operated cutting tools; Draw wires being hand tools, Hand tools, namely, drills; Embossers, namely, hand-operated press machines for paper making, book binding, embossing and relief and intaglio printing; Emery files; Engraving needles; Hand tools, namely, files; Goffering Irons; Hand tools, namely, graving tools; Hand tools, namely hammers; Handsaws; Hand tools, namely, hoop cutters; Knives; Hand tools, namely, taps; Hand tools, namely, polishing irons; Hand tools, namely riveting hammers; Hand tools, namely, saws; Hand tools, namely, screwdrivers; Sharpening steels; Hand tools, namely, shovels; Hand tools, namely, stamping-out-tools; Hand tools, namely, stamps; Sharpening stones; Table cutlery, namely, knives, forks and spoons; Gardening trowels; Tweezers; Vices; Magnets; decorative magnets; holders for mobile phones; Burners, namely, gas burners, burners for lamps, Bunsen burners for laboratory use, alcohol fuel burners for starting barbeque grills; Electric indoor grills; Lampshade holders; Lighters, namely, utility lighters for lighting grills, fireplaces and candles, friction lighters for igniting Bunsen burners, friction lighters for igniting gas; Evaporators, namely, evaporative air coolers, cooling evaporators, evaporators for air conditioners; Torches, namely, electric torches for lighting, propane torch for clearing vegetation, butane torches for cooking; Miniature light bulbs; Compact fluorescent light bulbs (CFLs); Chromium plating; Cloth cutting; Cloth edging; Colour separation services; Silkscreen printing; Firing pottery; Framing of works of art; Laser scribing of glass, wood, aluminum, textiles, plastic material, leather, ivory, metals, ceramics; Providing material treatment information; Paper treating; Photographic printing; Photogravure; Printing services; Silver-plating; Wool treating. Applicant may respond by providing one or both of the following:

(1)       a response filed using the Trademark Electronic Application System (TEAS) that fully satisfies all outstanding requirements and/or resolves all outstanding refusals; and/or

(2)       an appeal to the Trademark Trial and Appeal Board filed using the Electronic System for Trademark Trials and Appeals (ESTTA) with the required filing fee of $200 per class.

37 C.F.R. §2.63(b)(1)-(2); TMEP §714.04; see 37 C.F.R. §2.6(a)(18); TBMP ch. 1200.

In certain rare circumstances, an applicant may respond by filing a petition to the Director pursuant to 37 C.F.R. §2.63(b)(2) to review procedural issues.  TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters).  There is a fee required for filing a petition.  37 C.F.R. §2.6(a)(15).

If the Applicant has any questions or requires assistance in responding to this Final Office Action, please telephone the assigned Examining Attorney.

/Jennifer O'Brien/

Examining Attorney

Law Office 120

(571)272-4579

Jennifer.O'Brien@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.

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 4/20/2018 FOR U.S. APPLICATION SERIAL NO. 79216954

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 4/20/2018 (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.