| To: | NIKON CORPORATION (Weigell-Docket@fzlz.com) |
| Subject: | U.S. Trademark Application Serial No. 79266068 - NIKON - NIKN 2000781 |
| Sent: | October 23, 2020 03:40:48 PM |
| Sent As: | ecom101@uspto.gov |
| Attachments: |
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. 79266068
Mark: NIKON
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Correspondence Address: Fross Zelnick Lehrman & Zissu, P.C. |
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Applicant: NIKON CORPORATION
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Reference/Docket No. NIKN 2000781
Correspondence Email Address: |
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EXAMINER’S AMENDMENT
Issue date: October 23, 2020
International Registration No. 1484373
USPTO database searched; no conflicting marks found. The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
Application has been amended as shown below. As agreed to by Charles T. J. Weigell on 10/23/2020, the examining attorney has amended the application as shown below. Please notify the examining attorney immediately of any objections. TMEP §707. Otherwise, no response is required. Id. In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted. 37 C.F.R. §2.71(a).
Identification of Goods and Services in International Classes 9, 10 and 41
The identifications of goods and services in International Classes 5, 6, 16, 18, 35, 37 and 44 are acceptable as amended.
The identification of goods and services is amended to read as follows:
International Class 9: Photographic equipment and parts and accessories therefor, namely, lens caps, camera body caps, cameras, camera lenses, still and motion picture cameras, camera viewfinders, digital cameras, lenses for digital cameras, extended eyepoint viewfinders, flash units for cameras, photographic filters, photographic exposure meters, and digital photo frames for displaying digital pictures, video clips, and music; cameras and parts and accessories therefor, namely, lens caps, camera body caps, camera mount adaptors, eyepiece caps for cameras, eyecups for cameras, LCD monitor covers in the nature of protective display screen covers adapted for use with cameras; digital cameras and parts and accessories therefor, namely, lens caps, camera body caps, mount adaptors for digital cameras, eyepiece caps for digital cameras, eyecups for digital cameras, LCD monitor covers in the nature of protective display screen covers adapted for use with digital cameras; camera lenses; batteries for cameras and digital cameras; battery chargers for cameras and digital cameras; remote controls for cameras and digital cameras; cases for cameras and digital cameras; straps for cameras and digital cameras; optical machines and apparatus, namely, optical filters, optical lenses made of silica glass, periscopes, binoculars, telescopes, body-tubes for telescopes, tripods for telescopes, reflectors for telescopes, prisms for telescopes, lenses for telescopes, microscopes, magnifying glasses, metallurgical microscopes, body-tubes for microscopes, reflectors for microscopes, prisms for microscopes, lenses for microscopes, biological microscopes, polarizing microscopes, stereoscopes; binoculars; telescopes; range finders for cameras; downloadable computer software comprised of electronic instructional manuals for digital cameras; downloadable computer software for editing and managing of photographs and movies; downloadable computer software for transferring photographs and movies from a camera or memory card to a backup folder; downloadable computer software for uploading photographs and movies to an image storage and sharing service; downloadable computer software for adding GPS data to photograph and movie files; downloadable computer software for posting the locations of photographs and movie files on a world map using GPS data; recorded computer software comprised of electronic instructional manuals for digital cameras; recorded computer software for transferring photographs and movies from a camera or memory card to a backup folder; recorded computer software for uploading photographs and movies to an image storage and sharing service; recorded computer software for adding GPS data to photograph and movie files; recorded computer software for posting the locations of photographs and movie files on a world map using GPS data; recorded and downloadable software program for use in digital photography, to provide an image-editing, printing, browsing, exporting, sending by e-mail and slideshow environment for digital images including those from CD-ROMs, optical discs, magnetic discs and magnetic optical discs; recorded and downloadable software program for use in digital photography to provide an image editing and printing environment for digital images recorded on magnetic and optical media, namely, CD-ROMs, optical disks, magnetic disks and magnetic optical disks; recorded and downloadable software for editing and managing of photographs and movies; recorded and downloadable computer software for editing, adjusting, storing and printing digital images, including developing for RAW image data; downloadable electronic publications in the nature of books, magazines, newsletters, manuals, and instruction manuals in the fields of photography and computer software; electronic publications, namely, downloadable instruction manual for digital cameras, camera lenses, camera flashes, wireless transmitters for cameras, GPS tracking devices for cameras, eyepieces for cameras, batteries and battery chargers for cameras, and electrical adapters for cameras; electronic publications, namely, instruction manuals provided by CD ROM, all of the aforementioned electronic publications provided in the fields of photography and computer software; non-contact measuring machines and instruments, namely gasometers, thermometers not for medical purposes, water meters, tape measures, planimeters, measuring rulers, pressure gauges, water level indicators, acoustic meters, tachometers, accelerometers, refractometers, luminous flux meters, photometers, altimeters, hygrometers, illuminometers, vibration meters, noisemeters, speedometer, calorimeters, viscosimeters, concentration meters, gravimeters, densimeters, dynamometers, flowmeters, angle dividing protractors, spherometers, inclinometers, interferometers, graduation checkers for calibration purposes, surface roughness testing machines and instruments, metal compression testing machines, metal hardness testing machines, metal strength testing machines, concrete testing machines, cement testing machines, textile testing machines, plastic testing machines, lumber testing machines, alidades, meteorological instruments, range finders for cameras, clinometers, magnetic compasses for surveying, surveying compass needles, gyrocompasses, magnetic gyrocompasses, level measuring machines for surveying, precision theodolites, surveying chains, tripods for surveying machines, transits for surveying, levelling rods for surveying, sextants, meridian transit telescopes, astronomical spectrographs, zenith telescopes, thermosensitive temperature indicator strips, acidimeters for batteries, manometers, sulfitometers, hydrometers, satellite finder meters, ergometers not for medical purposes, salinometers, wind socks for indicating wind direction, gasoline gauges, petrol gauges, laboratory equipment in the nature ofcalipers, barometers, aerometers, refractometers, chronographs for use as specialized time recording apparatuses, theodolites, measuring spoons, weighbridges, marine compasses, micrometer screws for optical instruments, actinometers, comparators, thermostats, steelyard balances, plumb lines, saccharometers, acid hydrometers, thermohygrometers, climate control digital thermostats, spirit levels, surveying instruments in the nature of levelling staffs, thread counters, sounding leads, sounding lines, laser range finders, telemeters, surveying instruments, surveyors' levels, photometers, bathroom scales, scales with body mass analysers, scales with body mass analyzers, taximeters, wearable activity trackers, square rulers for measuring, letter scales, digital weather station instruments, machines for dispensing pre-determined dosages of medication, dynamometers, dressmakers' measures in the nature of tape measures, nanoparticle size analysers, nanoparticle size analyzers, lactodensimeters, lactometers, baby scales, densitometers, slide calipers, thermostats for vehicles, kilometer recorders for vehicles, mileage recorders for vehicles, automatic indicators of low pressure in vehicle tires, automatic indicators of low pressure in vehicle tyres, verniers, pyrometers, octants, pressure indicator plugs for valves, appliances for measuring the thickness of leather, apparatus for measuring the thickness of skins, surveying instruments in the nature of levelling rods, anemometers, surveying instruments in the nature of plane tables, hemline markers, polarimeters, directional compasses, pedometers, micrometer gauges, micrometers, screw-tapping gauges, dosimeters, finger sizers, ring sizers; recorded and downloadable computer software sold as a component of digital cameras, namely, computer software for editing and managing of photographs and movies, computer software for transferring photographs and movies from a camera or memory card to a backup folder, computer software for uploading photographs and movies to an image storage and sharing service; recorded and downloadable computer software that provides web-based access to applications and services through a web operating system or portal interface; pre-recorded magnetic data carriers featuring medical imaging software; recorded and downloadable imaging software and medical software for the management of patients' medical records; recorded and downloadable computer software and firmware for medical imaging and 3D medical imaging; recorded and downloadable computer software and firmware for the provision of medical services and platforms to access retinal images and patients' medical records; recorded and downloadable computer software and firmware for use in optometry and ophthalmology for database management; recorded and downloadable computer software and firmware for imaging and 3D imaging; recorded and downloadable computer software and firmware for image processing and image analysis; recorded and downloadable computer software and firmware for viewing and storing images; recorded and downloadable computer software and firmware for retinal imaging; computer hardware and recorded and downloadable software for medical imaging apparatus and for image processing, image analysis and for viewing and storing images, and recorded and downloadable computer software and firmware for imaging for use in optometry and ophthalmology for database management; recorded and downloadable computer software and firmware for imaging for use in optometry and ophthalmology for database management; recorded and downloadable retinal imaging software and firmware; recorded and downloadable medical software, namely, medical operating system software for medical imaging apparatus, medical software for storing, recording, displaying, accessing and report generation of patient's medical records and retinal image scans, and medical software for controlling and managing patient medical information; recorded and downloadable medical software for 3D imaging; glass ophthalmic lenses; retinal imaging systems, namely, recorded and downloadable software for imaging the retina; liquid crystal display [LCD] projectors; cameras with liquid crystal display [LCD] projectors; digital cameras with liquid crystal display [LCD] projectors; microscopes; electron microscopes; biological microscopes; X-ray electron microscopes; rifle scopes; telescopic sights; monocles; spectacles; eyeglasses; optical glasses and eyeglasses; eyewear; ophthalmic lenses; optical lenses; lenses for spectacles; lenses for eyeglasses; lenses for eyewear; eyeglass frames; solid state memory cards; memory cards; cell culture observation systems, namely, incubators for bacteria cultures, bioreactor for cell culturing, cell culture dishes and tissue culture flasks; magnifying glasses; crossbow scopes; digital photo frames; telescopes for firearms; sighting telescopes for firearms; semiconductor testing apparatus; apparatus for testing liquids and solids, namely, liquid crystal testing apparatus; cases especially made for photographic apparatus and instruments; filters for ultraviolet rays for cameras and digital cameras; filters for ultraviolet rays, for photography; filters for cameras and digital cameras; photographic filters; lens filters for cameras; lens filters for digital cameras; cameras; flash-bulbs for cameras and digital cameras; flash-bulbs; flashlights for cameras and digital cameras for use in photography; flashlights for use in photography; shutter releases for cameras and digital cameras; shutter releases; shutter releases for cameras; shutter releases for digital cameras; shutters for cameras and digital cameras; shutters; shutters for cameras; shutters for digital cameras; photographic slides; spools for cameras and digital cameras; photography spools for cameras; spools for cameras; spools for digital cameras; stands for photographic apparatus; photographic transparencies; viewfinders for cameras and digital cameras; viewfinders, photographic; viewfinders for cameras; viewfinders for digital cameras; tripods for cameras and digital cameras; tripods for cameras; tripods for digital cameras; epidiascopes; mobile phones; cellular phones; portable telephones; smartphones; handheld terminal devices in the nature of handheld computers; handheld communication interface devices and accessories therefor, namely, electronic display interfaces; scanners; CCD (charge-coupled device) cameras; SD memory cards; secure digital (SD) memory cards; blank flash memory cards; flash card readers; recorded and downloadable video games software; audio speakers; loudspeakers; metronomes; bags specially adapted for cameras and photographic equipment; photographic machines and apparatus, namely, cameras, camera lenses, still and motion picture cameras, camera viewfinders, digital cameras, lenses for digital cameras, extended eyepoint viewfinders, flash units for cameras, photographic filters, photographic exposure meters, and digital photo frames for displaying digital pictures, video clips, and music; cinematographic machines and apparatus; measuring or testing machines and instruments, namely, surveying machines and instruments, coordinate measuring machines, photometers, illuminometers, concentration meters, comparators, metal compression testing machines, analysis instruments for photogrammetric purposes, transits for surveying, spectroscopes, interferometer, laser measuring systems, length measuring gauges, measuring spoons and cups, tire-pressure measurers, circuit testers, metal hardness testing machines, plastic testing machines, and apparatus for testing gas, liquids, and solids; measuring or testing machines and instruments, namely, spectroscope used for a terahertz wave, X-ray, computerized tomography, ultrasound and magnetic resonance inspection devices for non-medical, non-destructive testing; power distribution or control machines and apparatus, namely, electrical power distribution blocks, power distributing boxes, electricity distribution consoles, automatic electrical distribution boxes, electrical power distribution units; rotary converters; phase modifiers, namely, phase shifters for communication apparatus and optical phase shifters; batteries and fuel cells, photovoltaic cells, solar cells, dry cells, and lithium-ion batteries; electric meters, pulse generators for testing electric current, continuity test apparatus for electrical circuits; personal digital assistants in the shape of a watch; electronic machines, apparatus and their parts, not including Geiger counters, cyclotrons not for medical purposes, industrial x-ray machines and apparatus not for medical use, namely, electronic circuit cards, computers and their peripherals, electrostatic copying machines, electronic desk calculators, hand-held electronic dictionaries, word processors, electron tubes, electronic circuits, electronic computers, electronic machines for reading credit cards and recording financial operations, telephone answering machines, automatic answering machines, DVD machines; computers; computer display monitors; computer display screens; display units for computers, namely, flexible flat panel displays for computers, computer mounts; hard disk drives; printers, namely, thermal printers, document printers, digital photo printers, computer printers for printing documents; optical mouse, namely, computer mouse; electrostatic copying machines; electronic desk calculators; electronic dictionaries; word processors; electron tubes; semi-conductor elements, namely, semi-conductor memories; structured semi-conductor wafers; semiconductor power elements; semiconductor chips; electronic circuits, not including those recorded with computer programs; recorded and downloadable computer programs for editing images, sound, and video; recorded and downloadable computer programs, namely, computer software for use in database management, for use as a spreadsheet, for word processing, for use in medical billing, and for use in financial accounting; geiger counters; cyclotrons, not for medical purposes; industrial X-ray machines and apparatus, not for medical use; industrial betatrons, not for medical use; magnetic prospecting machines, namely, magnetic locators, magnetic object detectors, seismic exploration machines and apparatus; magnetic object detectors; seismic exploration machines and apparatus; hydrophone machines and apparatus, namely, hydrophones; echo sounders; ultrasonic flaw detectors; ultrasonic sensors; remote control apparatus for closing doors; electron microscopes; laboratory apparatus and instruments, namely, constant temperature incubators, constant humidity incubators, glassware for scientific experiments in laboratories, porcelain ware for scientific experiments in laboratories, furnaces for laboratory experiments, incubators for bacteria culture, test tubes, laboratory centrifuges, chromatography apparatus for laboratory use, stills for laboratory experiments, furniture especially made for laboratories, laboratory trays, laboratory pipettes, furnaces for laboratory use, ovens for laboratory use, laboratory robots, crash test dummies, DNA chips, biochips for research or scientific purposes, cupels, apparatus for fermentation, Petri dishes, microtomes, capillary tubes in the nature of test tubes and laboratory storage tubes, distillation apparatus for scientific purposes, crucibles, retorts, namely, distillation apparatus for scientific purposes and stands specially adapted for holding distillation apparatus for scientific purposes; recorded and downloadable game programs for home video game machines; electronic circuits and CD-ROMs recorded with programs for hand-held games with liquid crystal displays; exposed cinematographic films; exposed slide films; slide film mounts; electronic circuits and CD-ROMs recorded with automatic performance programs for electronic musical instruments; electric and electronic effects units for musical instruments; recorded and downloadable game programs for arcade video game machines
International Class 10: Finger guards for medical purposes; pacifiers for babies; dummies for babies; ice bag pillows for medical purposes; triangular bandages for medical purposes, namely, elastic bandages, compression bandages and suspensory bandages; supportive bandages; surgical catguts; feeding cups for medical purposes; dropping pipettes for medical purposes; feeding bottle teats and teats being pacifiers for babies; medical ice bags; medical ice bag holders; baby bottles; nursing bottles; contraceptives, non-chemical, namely, contraceptive coils, contraceptive diaphragms; artificial tympanic membranes; prosthetics or fillings materials, not for dental use, namely, artificial materials for use in the replacement of bones; ear plugs for sleeping; ear plugs for soundproofing; esthetic massage apparatus for commercial use; medical apparatus and instruments, other than walking aids, crutches, namely, stethoscopes, chest percussors, sphygmomanometers, electrocardiographs, electroencephalographs, speculums, pelvimeters, probes, machines for testing vision and testing for eye diseases, ophthalmometers, tongue depressors, inhalers sold empty for medical purposes, medical and surgical laparoscopes, medical and surgical scissors, knives for medical and surgical use, curettes, forceps elevators, forceps for medical use, surgical retractors, medical drill bits for cutting bone, surgical saws, dilators in the nature of nasal dilators, vaginal dilators and uterine dilators, surgical bougies, platinum cauteries, syringes, needles for medical use, sutures, sprayers for cleaning gums and teeth used in dentist's offices during dental procedures, medical examination lamps, ultrasound diagnostic machines, examining and operating tables, medical operating lamps, medical procedure tables, stretchers, medical procedure chairs, dental drills, medical cutting devices, dental excavator, prosthetic instruments for dental purposes, prosthetic and filling materials, namely, artificial materials for use in the replacement of bones, orthodontic appliances, veterinary surgical instruments, fundus photography device, namely, ophthalmic cameras for medical purposes; walking aids for medical purposes; crutches; electric massage apparatus for household purposes; gloves for medical purposes; urinals being vessels for medical purposes; bed pans; ear picks; diagnostic apparatus for medical purposes, namely, gastroscopes, magnetic resonance CT apparatus, keratoscopes, tonometers, speculums, sphygmomanometers, blood testing apparatus, eye testing machines and apparatus, pelvimeters, clinical probes for medical purposes, electrocardiographs, tongue depressors, clinical thermometers, body-fat monitors, percussion hammers, stethoscopes, medical testing devices for measuring hearing loss in patients, namely, audiometers and electroencephalographs; hearing aids; artificial eyes; intraocular prostheses lenses for surgical implantation; ophthalmoscopes; gastroscopes; arterial blood pressure measuring apparatus; hearing protectors, namely, ear plugs for soundproofing and medical purposes, noise reducing earmuffs in the nature of hearing protectors without the ability to reproduce or transmit sound, hearing protection headsets in the nature of hearing protectors without the ability to reproduce or transmit sound; testing apparatus for medical purposes, namely, apparatus for culturing and observing cells in the nature of cell culture chambers; X-ray apparatus for medical purposes; protection devices against X-rays, for medical purposes, namely, medical x-ray aprons; apparatus for the treatment of deafness, namely, cochlear implants and hearing aids; blood testing apparatus; dental apparatus and instruments, namely, x-ray apparatus for dental imaging, apex locator, milling apparatus for dental purposes, intra-oral light systems; medical apparatus and instruments, namely, electromagnetic medical diagnostic imaging apparatus, irrigators for medical use, medical apparatus and instruments for use in general surgery, X-ray apparatus for medical use, medical imaging apparatus incorporating medical imaging software; sanitary masks for medical purposes
International Class 41: Photography and providing information on photography; arranging, conducting and organization of seminars for photography and providing information on photography; arranging, conducting and organization of photography classes and providing information on photography classes; arranging, conducting and organization of photography events and providing information on photography events; arranging, conducting and organization of photography contests and providing information on photography contests; rental of cameras, digital cameras, video cameras and parts and accessories therefor; arranging, conducting and organization of photo exhibitions for entertainment and educational purposes and providing information on photo exhibitions for entertainment and educational purposes; providing facilities particularly for photo exhibitions and providing information on photo exhibition facilities; educational services, namely, providing classes, seminars, workshops and instruction relating to printing, photocopying, and scanning; digital imaging services; educational services, namely, providing classes, seminars, workshops and training services relating to digital images processing; photography; educational services, namely, providing classes, seminars, workshops and instruction services relating to photography; educational services, namely, providing classes, seminars, workshops and instruction services relating to maintenance, repair and operation of photographic equipment and their parts and fittings; educational services, namely, providing classes, seminars, workshops and instruction services relating to maintenance, repair and operation of measuring or testing machines and instruments and their parts and fittings; educational services, namely, providing classes, seminars, workshops and instruction services relating to maintenance, repair and operation of optical machines and instruments and their parts and fittings; educational services, namely, providing classes, seminars, workshops and instruction services relating to maintenance, repair and operation of semiconductor manufacturing machines and systems including semiconductor testing apparatus and other peripheral equipment and their parts and fittings; educational services, namely, providing classes, seminars, workshops and instruction services relating to maintenance, repair and operation of liquid crystal manufacturing machines and systems including liquid crystal testing apparatus and other peripheral equipment and their parts and fittings; educational services, namely, providing classes, seminars, workshops and instruction services relating to maintenance, repair and operation of telecommunication devices and apparatus and their parts and fittings; educational services, namely, providing classes, seminars, workshops and instruction services relating to maintenance, repair and operation of electronic machines and apparatus and their parts and fittings; educational services, namely, providing classes, seminars, workshops and instruction services relating to maintenance, repair and operation of eyeglasses manufacturing machines and apparatus and their parts and fittings; providing non-downloadable electronic publications in the nature of books, magazines, newsletters, manuals, and instruction manuals in the field of photography and computer software; arranging, conducting and organization of seminars, providing information thereof; rental of optical machines and apparatus in the nature of photographic equipment, cinematographic machines and apparatus, telescopic equipment, binoculars, and rangefinders for golf, used in business, research, education, hobbies, entertainment and photography; editing and publication of printed matter; publication of photo books; publication of photo albums; publication of magazines; publication of electronic books and magazines on-line; multimedia publishing of magazines, journals and newspapers; multimedia publishing of magazines in the fields of software, photography, cameras, graphic art and illustrations; post-production editing services in the field of music, videos and films; rental of camera lenses and lenses for digital cameras and their parts and accessories; amusements, namely, amusement centers and providing amusement parks and facilities; club services, namely, night club services, dance club services, comedy club services, photography club services and social club services in the nature of arranging, organizing and hosting social events, get-togethers and parties for club members; education in the fields of arts, crafts, sports or general undergraduate knowledge rendered through correspondence courses; providing information on education; entertainment information; film production, other than advertising films; game services provided on-line from a computer network; holiday camp services; movie studio services; nursery schools; entertainment or educational services in the nature of organization of competitions in the field of entertainment, education, culture, sports and other non-business and non-commercial fields; party planning; photographic reporting; presentation of live show performances; direction or presentation of plays; presentation of musical performances; production of radio or television programs; providing on-line music, not downloadable; providing on-line videos, not downloadable featuring music, movies, news, sports and education in the field of photography; providing recreation facilities; publication of books; on-line publication of electronic books and journals; rental of camcorders; rental of cine-films; rental of motion pictures; rental of sound recordings; rental of video cameras; teaching at elementary schools; teaching at junior high schools; educating at senior high schools; toy rental; educational services, namely, providing classes, seminars, workshops and instruction services relating to arts, crafts, sports or general undergraduate knowledge; planning arrangement of showing movies, shows, plays or musical performances; movie theatres; movie and film production and distribution; production of videotape film in the field of education, culture, entertainment or sports, not for movies or television programs and not for advertising or publicity; organization, arranging and conducting of sports competitions; organization of social entertainment events excluding movies, shows, plays, musical performances, sports, horse races, bicycle races, boat races and auto races; organization, arranging and conducting of horse races; organization, arranging and conducting of bicycle races; organization, arranging and conducting of boat races; organization, arranging and conducting of auto races; providing amusement facilities; providing sports facilities; providing facilities for movies, shows, plays, music or educational training; rental of television sets; rental of radio sets; rental of fishing equipment and instruments
See TMEP §§1402.01, 1402.01(e).
If the applicant has any questions, please contact the assigned examining attorney.
/Katherine Weigle/
Examining Attorney
Law Office 101
U.S. Patent & Trademark Office
(571) 270-1506
katherine.weigle@uspto.gov