UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 79252284
MARK: HONOR
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CORRESPONDENT ADDRESS: NTD PATENT & TRADEMARK AGENCY LTD. |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: HUAWEI TECHNOLOGIES CO., LTD.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
INTERNATIONAL REGISTRATION NO. 1450704
STRICT DEADLINE TO RESPOND TO THIS NOTIFICATION: TO AVOID PARTIAL ABANDONMENT OF THE REQUEST FOR EXTENSION OF PROTECTION OF THE INTERNATIONAL REGISTRATION, THE USPTO MUST RECEIVE A COMPLETE RESPONSE TO THIS PROVISIONAL PARTIAL 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 partial refusal is the “Create/Mail Date” of the “IB-1rst Refusal Note.”
This is a PROVISIONAL PARTIAL REFUSAL of the request for extension of protection of the mark in the above-referenced U.S. application that applies to only the following goods and services in the application:
Class 9
Mouse (computer peripheral); smart computers wearable on the fingers; plugs, sockets and other contacts (electric connections); smart computers wearable on the wrists; adapters for headphones; electronic chips; Global Positioning System [GPS] navigation apparatus; holders for mobile phones for vehicles; transmitters (telecommunication); electronic locating apparatus and instruments; switches for telecommunication; routers; smartphones in the form of watches; transmitting apparatus for communication; repeaters for radios and televisions; radio beaconing apparatus and devices; transmitting and receiving apparatus for remote transmission; vehicle audio devices; digital audio processors; web camcorders; receivers for cable televisions; automatic indicators of low pressure in tires (tyres); electric battery detectors; air and oxygen monitors; gas analysis apparatus; remote control apparatus and remote measuring apparatus; semi-conductor wafers; chips with multi-processors; Universal Serial Bus (USB) chargers; charging devices for vehicles; charging devices for rechargeable apparatus; covers for telephones; television apparatus for vehicles; television receivers (televisions); microphones for communication apparatus; headsets; electronic chips for integrated circuits; change-over plugs; electronic identification apparatus for fingerprints; human face recognition devices; safety restraints, other than for vehicle seats and sports equipment; respiratory masks, other than for artificial respiration; testing apparatus not for medical purposes; chargers for mobile phones; chargers for tablet computers; speakers with short range radio technology; holders for mobile phones; mobile power source (rechargeable batteries); holograms; selfie sticks (hand-held monopods)
Class 35
Outsourced administrative management for companies
Class 38
Providing online forums; news agency services; newswire services; electronic mail
See 15 U.S.C. §1141h(c). See below in this notification (hereafter “Office action”) for details regarding the provisional partial refusal.
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH OF OFFICE’S DATABASE OF MARKS
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
IDENTIFICATION OF GOODS & SERVICES
Therefore, applicant must remove the parentheses from the identification and incorporate any parenthetical or bracketed information into the description of the goods.
Applicant may substitute the following wording, showing the suggested amendments in bold type, if accurate:
Class 9
Mouse being computer peripheral; smart computers wearable on the fingers in the nature of {specify type of device, e.g. activity tracker, smartwatch, etc.}; mouse pads; data processing apparatus in the form of buttons with the functions of remote controlling of mobile phones; Electrical plugs, sockets and other contacts being electric connections; smart computers wearable on the wrists in the nature of {specify type of device, e.g. activity tracker, smartwatch, etc.}; protective cases for tablet computers; protective covers for tablet computers; adapter cables for headphones; secure digital memory cards; electronic chips for the manufacture of integrated circuits; keyboards with short range radio technology; Global Positioning System [GPS] navigation apparatus for {specify use, e.g. land vehicles}; holders specially adapted for mobile phones for use in vehicles; telephone sets with screens and keyboards; transmitters (telecommunication); electronic locating apparatus and instruments for locating and tracking {specify, e.g., lost articles, people, pets, etc.} using {specify the type of technology, e.g., radio frequency, global positioning systems, cellular communication networks, etc.}; electronic navigational instruments; cases for mobile phones; covers for mobile phones; automatic switching apparatus for telecommunication; {specify type, e.g. change-over} switches for telecommunication; single channel radio communication apparatus for fixed broadcasting stations; Wide Area Network (WAN) routers; navigation radios; aviation radio communication apparatus and devices; radios for air traffic control; {specify type, e.g. network} routers; smartphones in the form of watches, namely, smartwatches; {specify type, e.g. sound} transmitting apparatus for communication; external modems; network routers; radio transmitting apparatus; transmitters and receivers for radios; wireless telephones; transmitting and receiving apparatus for radio broadcast; aerials for radios; repeaters for radio and television stations; transceivers for radios; radio beacon apparatus and devices; radio signal tuners; wireless transmitters and receivers; wireless routers; {specify type, e.g. radio} transmitting and receiving apparatus for remote transmission; portable multi-media players; Ultra High-Definition (UHD) televisions; plasma televisions; digital video recorders; camcorders; vehicle audio devices, namely, {specify type of device, e.g. stereos, speakers, amplifiers, etc.}; receivers of video signals; digital audio processors being signal processors for audio speakers; set-top boxes; image intensifiers; web camcorders being webcams; headphones for use with computers; rearview cameras for vehicles; receivers for receiving cable televisions; simulators for the steering and control of vehicles; computerized engine analyzers for vehicles; automatic indicators of low pressure in tires and tyres; electric battery detectors in the nature of battery testers; atmospheric air quality and oxygen monitors; {specify type, e.g. residual} gas analysis apparatus; flue gas analysis apparatus; remote control apparatus and remote measuring apparatus, namely, remote controls and sensors for use with {specify function, e.g. printers}; structured semi-conductor wafers; circuit boards; power connectors; power adapters; electronic circuit boards; {specify type, e.g. computer} chips with multi-processors; microchips; mobile sockets; Liquid Crystal Display (LCD) panels; eyeglasses for sports; spectacles used in theatres; Universal Serial Bus (USB) charging hubs; electric battery charging devices; charging devices for vehicles, namely, battery chargers for use with {specify type of battery or equipment, e.g., vehicle batteries, mobile phones, etc.}; charging devices being battery chargers for rechargeable apparatus, namely, {specify name of apparatus, e.g. mobile phones}; wireless chargers; electric battery chargers for mobile phones; rechargeable batteries; protective covers for mobile telephones; computer network hubs; computer network switches; computer network bridges; demodulators; internal modems; short range radios; Voice Over Internet Protocol (VOIP) phones; cassette players for vehicles; televisions for land vehicles; video recorders for vehicles; electronic book readers; television receivers, namely, televisions; earphones for mobile phones; wireless earphones for smartphones; microphones for communication apparatus, namely, {specify type of communication apparatus, e.g. smartphones}; video monitors; headsets, namely, {specify type, e.g. telephone headsets, wireless headsets for smartphones, etc.}; earphones; headphones; hands-free devices for mobile phones; flight simulators; plug connectors; touch screens; electronic integrated circuits; integrated circuit modules; computer chips; electronic chips for the manufacture of integrated circuits; change-over plugs, namely, {explain nature of goods, e.g. electrical plugs}; plug adaptors; electric batteries for mobile phones; electronic identification apparatus for fingerprints, namely, {explain nature of apparatus, e.g. biometric fingerprint door locks}; human face recognition {indicate purpose, e.g. security} devices; scales with body mass analyzers; baby scales; bathroom scales; subwoofers; audio mixers; needles for surveying compasses; pressure indicators; thermo-hygrometers; safety restraints, other than for vehicle seats and sports equipment and not for medical use; respiratory masks, other than for artificial respiration and not for medical purposes; electronic access control systems for interlocking doors; smartphones wearable on the fingers; scales; noxious gas testing instruments; smartphones wearable on the wrists; temperature indicators; testing apparatus not for medical purposes for testing {specify what is being tested, e.g. vehicle brakes}; protective cases for mobile phones; protective covers for mobile phones; headphones with short range radio technology; battery chargers for mobile phones; battery chargers for tablet computers; sound alarms; audio speakers with short range radio technology; holders specially adapted for use with mobile phones; external antenna; aerials; electric batteries; air analysis apparatus; electrical adapters; solar panels for the production of electricity; mobile power source, namely, rechargeable batteries; cellular phones; mobile phones; electronic tags for goods; joysticks for use with computers, other than for video games; smartglasses; smartwatches; protective films adapted for computer screens; holograms being electronic machines used to apply holographic overlay and to set up and control holograms and verification thereof; wearable activity trackers; covers for smartphones; cases for smartphones; protective films adapted for smartphones; selfie sticks being hand-held monopods
Class 35
Provision of an on-line marketplace for buyers and sellers of goods and services; outsource service provider in the field of administrative business management for companies
Class 38
Providing online forums for {indicate field or subject of forum}; streaming of data; transmission of digital files; transmission of greeting cards online; voice mail services; rental of access time to global computer networks; news agency services for electronic transmission; newswire services, namely, the transmission of news items to news reporting organizations; teleconferencing services; transmission of electronic mail; communications by cellular phones; rental of telephones; computer aided transmission of messages and images
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.
For this application to proceed further, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
FAILING TO RESPOND WILL RESULT IN PARTIAL ABANDONMENT OF APPLICATION: If applicant does not respond to this Office action within the six-month period for response, the goods and services in International Classes 9, 35 and 38 identified above, in the beginning of this Office action, will be deleted from the application.
In such case, the application will then proceed only with the following goods and services only:
Class 9
Mouse pads; data processing apparatus in the form of buttons with the functions of remote controlling of mobile phones; protective cases for tablet computers; protective covers for tablet computers; secure digital memory cards; keyboards with short range radio technology; telephone sets with screens and keyboards; electronic navigational instruments; cases for mobile phones; covers for mobile phones; automatic switching apparatus for telecommunication; single channel radio communication apparatus for fixed broadcasting stations; Wide Area Network (WAN) routers; navigation radios; aviation radio communication apparatus and devices; radios for air traffic control; external modems; network routers; radio transmitting apparatus; transmitters and receivers for radios; wireless telephones; transmitting and receiving apparatus for radio broadcast; aerials for radios; transceivers for radios; radio signal tuners; wireless transmitters and receivers; wireless routers; portable multi-media players; Ultra High-Definition (UHD) televisions; plasma televisions; digital video recorders; camcorders; receivers of video signals; set-top boxes; image intensifiers; headphones for use with computers; rearview cameras for vehicles; simulators for the steering and control of vehicles; computerized engine analyzers for vehicles; flue gas analysis apparatus; circuit boards; power connectors; power adapters; electronic circuit boards; microchips; mobile sockets; Liquid Crystal Display (LCD) panels; eyeglasses for sports; spectacles used in theatres; electric battery charging devices; wireless chargers; electric battery chargers for mobile phones; rechargeable batteries; computer network hubs; computer network switches; computer network bridges; demodulators; internal modems; short range radios; Voice Over Internet Protocol (VOIP) phones; cassette players for vehicles; video recorders for vehicles; electronic book readers; earphones for mobile phones; wireless earphones for smartphones; video monitors; earphones; headphones; hands-free devices for mobile phones; flight simulators; plug connectors; touch screens; electronic integrated circuits; integrated circuit modules; computer chips; plug adaptors; electric batteries for mobile phones; scales with body mass analyzers; baby scales; bathroom scales; subwoofers; audio mixers; needles for surveying compasses; pressure indicators; thermo-hygrometers; electronic access control systems for interlocking doors; smartphones wearable on the fingers; scales; noxious gas testing instruments; smartphones wearable on the wrists; temperature indicators; protective cases for mobile phones; protective covers for mobile phones; headphones with short range radio technology; sound alarms; external antenna; aerials; electric batteries; air analysis apparatus; electrical adapters; solar panels for the production of electricity; cellular phones; mobile phones; electronic tags for goods; joysticks for use with computers, other than for video games; smartglasses; smartwatches; protective films adapted for computer screens; wearable activity trackers; covers for smartphones; cases for smartphones; protective films adapted for smartphones
Class 35
Provision of an on-line marketplace for buyers and sellers of goods and services
Class 38
Streaming of data; transmission of digital files; transmission of greeting cards online; voice mail services; rental of access time to global computer networks; teleconferencing services; communications by cellular phones; rental of telephones; computer aided transmission of messages and images
See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
WHO IS PERMITTED TO RESPOND TO THIS PROVISIONAL PARTIAL 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.
/Alyssa Paladino Steel/
Trademark Examining Attorney
Law Office 124
U.S. Patent & Trademark Office
(571) 272-8808
alyssa.steel@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.