United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
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U.S. Application Serial No. 79263687
Mark: MIDAS
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Correspondence Address: |
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Applicant: KEUCO GmbH & Co. KG
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Reference/Docket No. N/A
Correspondence Email Address: |
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International Registration No. 1478783
STRICT DEADLINE TO RESPOND TO THIS NOTIFICATION: TO AVOID ABANDONMENT OF THE REQUEST FOR EXTENSION OF PROTECTION OF THE INTERNATIONAL REGISTRATION, THE USPTO MUST RECEIVE A COMPLETE RESPONSE TO THIS PROVISIONAL FULL REFUSAL NOTIFICATION WITHIN 6 MONTHS OF THE “DATE ON WHICH THE NOTIFICATION WAS SENT TO WIPO (MAILING DATE)” LOCATED ON THE WIPO COVER LETTER ACCOMPANYING THIS NOTIFICATION.
In addition to the Mailing Date appearing on the WIPO cover letter, a holder (hereafter “applicant”) may confirm this Mailing Date using the USPTO’s Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. To do so, enter the U.S. application serial number for this application and then select “Documents.” The Mailing Date used to calculate the response deadline for this provisional full refusal is the “Create/Mail Date” of the “IB-1rst Refusal Note.”
This is a PROVISIONAL FULL REFUSAL of the request for extension of protection of the mark in the above-referenced U.S. application. See 15 U.S.C. §1141h(c). See below in this notification (hereafter “Office action”) for details regarding the provisional full refusal.
SEARCH RESULTS
PRIOR PENDING APPLICATION/CLASS 6 ONLY
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
IDENTIFICATION OF GOODS
The identification of goods is indefinite and must be clarified. See TMEP §1402.01. Applicant must specify the common commercial or generic name for the goods. If there is no common commercial or generic name, applicant must describe the product and intended consumer as well as its main purpose and intended uses.
Applicant may adopt the following identification, if accurate:
International Class 6: Common metals and their alloys, unwrought or semi-wrought; non-electric cables and wires of common metal; ironmongery, namely, small items of metal hardware; pipes and tubes of metal; bathroom hooks of metal; doorplates of metal; bathtub and shower grab bars of metal, holder in the nature of a portable, flexible arm composed primarily of metal with a pressure lock system having the ability to attach to most flat surfaces and used to hold various household-related appliances during use, shower and bathtub grab rails of metal; none of the aforesaid goods in connection with vehicles or vehicle parts
International Class 11: Apparatus for lighting, namely, {please specify class 11 goods}; {please specify, e.g, spot, reading ceiling, etc.} lights, sanitary furnishings, namely, bath tubs, bath tubs for sitz baths, shower trays, hand wash basins being parts of sanitary installations, utility sinks, toilet bowls, bidets, urinals, spa baths, namely, {please specify class 11 goods}, sauna bath installations; water-conducting fittings, namely, {please specify class 11 goods}; sanitary fittings, namely, {please specify class 11 goods}; toilet seats, urinal screens; bath tub handles, namely, {please specify class 11 goods}; apparatus for supplying water, namely, {please specify class 11 goods}; shower rails, namely, {please specify class 11 goods}, shower heads, Plumbing fittings, namely, shower control valves for bathrooms and public baths; flushing tanks, namely, {please specify, e.g., toilet tanks}; fittings for washbasins, sinks, bath tubs and showers, namely, {please specify class 11 goods}, plumbing fittings, namely, manually or automatically controlled valves and mixing valves for sanitary water supply, and parts and fittings for all the aforesaid goods, included in this class; sanitary fittings namely, {please specify class 11 goods}; none of the aforesaid goods in connection with vehicles or vehicle parts
International Class 20: Furniture, namely, mirrors and picture frames, bathroom furniture, and portable bath seats, foot rests, folding seats, back rests, foot stools, mirrored cabinets and mirrors for the bath, shower and toilet; bathroom hooks of plastic, namely, non-metal towel hooks; Storage and organization systems comprising shelves, drawers, cupboards, baskets and clothes rods, sold as a unit, shelves for storage; curtain rods; door stops of plastic; Shelving and component parts thereof, namely, shelves and brackets sold as a unit for bathroom and toilet utensils; Non-metal fixtures comprising hooks, support arms, and shelving for hanging general household goods, shower and bathtub grab rails, not of metal
International Class 21: Household and kitchen containers, not of precious metal or coated therewith, namely, containers for cloths of paper and cosmetics, soap and lotion dispensers; toilet brush holders; rings and rails for hand towels and bath towels, soap holders, comb cases, bathroom glass holder not of precious metal and holders for toilet paper; laundry basket and baskets for household purposes, not of metal for holding soaps; soap holders; towel rings; bathroom fittings, namely, dispensing units for household purposes for dispensing wrapping materials for sanitary waste such as diapers, nappies, feminine hygiene products and incontinence products; holders for bath and toilet utensils, namely, toilet paper, plungers and toilet brushes
Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted goods and/or services may not later be reinserted. See TMEP §1402.07(e).
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.
SIGNIFICANCE OF WORDING
RESPONSE GUIDELINES
Response guidelines. For this application to proceed, 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.
/lindaorndorff/
Examining Attorney
Law Office 111
(571)272-5496
Linda.Orndorff@uspto.gov
WHO IS PERMITTED TO RESPOND TO THIS PROVISIONAL FULL REFUSAL: Any response to this provisional refusal must be personally signed by an individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant (e.g., a corporate officer or general partner). 37 C.F.R. §§2.62(b), 2.193(e)(2)(ii); TMEP §712.01. If applicant hires a qualified U.S. attorney to respond on his or her behalf, then the attorney must sign the response. 37 C.F.R. §§2.193(e)(2)(i), 11.18(a); TMEP §§611.03(b), 712.01. Qualified U.S. attorneys include those in good standing with a bar of the highest court of any U.S. state, the District of Columbia, Puerto Rico, and other U.S. commonwealths or U.S. territories. See 37 C.F.R. §§2.17(a), 2.62(b), 11.1, 11.14(a); TMEP §§602, 712.01. Additionally, for all responses, the proper signatory must personally sign the document or personally enter his or her electronic signature on the electronic filing. See 37 C.F.R. §2.193(a); TMEP §§611.01(b), 611.02. The name of the signatory must also be printed or typed immediately below or adjacent to the signature, or identified elsewhere in the filing. 37 C.F.R. §2.193(d); TMEP §611.01(b).
In general, foreign attorneys are not permitted to represent applicants before the USPTO (e.g., file written communications, authorize an amendment to an application, or submit legal arguments in response to a requirement or refusal). See 37 C.F.R. §11.14(c), (e); TMEP §§602.03-.03(b), 608.01.
DESIGNATION OF DOMESTIC REPRESENTATIVE: The USPTO encourages applicants who do not reside in the United States to designate a domestic representative upon whom any notice or process may be served. TMEP §610; see 15 U.S.C. §§1051(e), 1141h(d); 37 C.F.R. §2.24(a)(1)-(2). Such designations may be filed online at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.
How to respond. Click to file a response to this nonfinal Office action
RESPONSE GUIDANCE