United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 79266068
Mark: NIKON
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Correspondence Address: |
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Applicant: NIKON CORPORATION
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Reference/Docket No. N/A
Correspondence Email Address: |
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International Registration No. 1484373
Notice of Provisional Full Refusal
Deadline for responding. The USPTO must receive applicant’s response within six months of the “date on which the notification was sent to WIPO (mailing date)” located on the WIPO cover letter, or the U.S. application will be abandoned. To confirm the mailing date, go to the USPTO’s Trademark Status and Document Retrieval (TSDR) database, select “US Serial, Registration, or Reference No.,” enter the U.S. application serial number in the blank text box, and click on “Documents.” The mailing date used to calculate the response deadline is the “Create/Mail Date” of the “IB-1rst Refusal Note.”
Respond to this Office action using the USPTO’s Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Discussion of provisional full refusal. This is a provisional full refusal of the request for extension of protection to the United States of the international registration, known in the United States as a U.S. application based on Trademark Act Section 66(a). See 15 U.S.C. §§1141f(a), 1141h(c).
SEARCH RESULTS
The Office records have been searched and there are no similar registered or pending marks that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
However, applicant must comply with the following procedural requirements.
IDENTIFICATION OF GOODS AND/OR SERVICES
Please note that the identification in International Class 16 is acceptable and does not require amendment.
Applicant has identified the following:
International Class 5: Pharmaceutical preparations; reagent paper for medical purposes; fumigants [only for agricultural purposes]; fungicides [only for agricultural purposes]; rodenticides [only for agricultural purposes]; insecticides [only for agricultural purposes]; herbicides [weedkillers]; insect-repellents [only for agricultural purposes]; antiseptics [only for agricultural purposes]; oiled paper for medical purposes; drug delivery agents in the form of edible wafers for wrapping powdered pharmaceuticals; gauze for dressings; empty capsules for pharmaceuticals; eyepatches for medical purposes; ear bandages; menstruation bandages; menstruation tampons; sanitary napkins; sanitary panties; absorbent cotton; adhesive plasters; bandages for dressings; liquid bandages; breast-nursing pads; cotton swabs for medical use; dental materials; diapers; cloth nappies; textile nappies; diaper covers; cloth nappy covers; textile nappy covers; fly catching paper; mothproofing paper; lacteal flour for babies; dietary supplements for humans; dietetic beverages adapted for medical purposes; dietetic food adapted for medical purposes; beverages for babies; food for babies; dietary supplements for animals; semen for artificial insemination; pharmaceutical agents affecting sensory organs; agents for ophthalmic use; diagnostic preparations; X-ray contrast agents; diagnostic reagents; diagnostic media for bacteriological cultures; biological preparations for medical purposes; antitoxic sera; mixed biological preparations; vaccines; hemotropic agents; anticoagulants; blood substitutes; blood plasma; hemostatics; cellular function activating agents; chlorophyll preparations for medical purposes; dye preparations for medical purposes (term considered too vague by the International Bureau - Rule 13 (2) (b) of the Common Regulations); diagnostic preparations for medical purposes; drugs for medical purposes; medicines for human purposes; medicines for veterinary purposes; medicines for dental purposes; reagent paper for veterinary purposes; diagnostic agents, preparations and substances for medical purposes; diagnostic preparations for blood testing; in vitro diagnostic preparations; in vitro diagnostic preparations and reagents
International Class 7: High frequency apparatus for welding
International Class 9: Photographic equipment and parts and accessories therefor; cameras and parts and accessories therefor; digital cameras and parts and accessories therefor; 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; binoculars; telescopes; range finders; computer software for editing and managing of photographs and movies; electronic publications; non-contact measuring machines and instruments; computer software; 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; glasses; eyewear; ophthalmic lenses; optical lenses; lenses for spectacles; lenses for eyeglasses; lenses for glasses; lenses for eyewear; eyeglass frames; solid state memory cards; memory cards; cell culture observation systems; magnifying glasses; crossbow scopes; digital photo frames; telescopes for firearms; sighting telescopes for firearms; semiconductor testing apparatus; liquid crystal testing apparatus; parts and accessories for semiconductor testing apparatus; parts and accessories for 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; filters [photography]; lens filters for cameras; lens filters for digital cameras; cameras; flash-bulbs for cameras and digital cameras; flash-bulbs [photography]; flashlights for cameras and digital cameras; flashlights [photography]; shutter releases for cameras and digital cameras; shutter releases [photography]; shutter releases for cameras; shutter releases for digital cameras; shutters for cameras and digital cameras; shutters [photography]; shutters for cameras; shutters for digital cameras; slides [photography]; spools for cameras and digital cameras; spools [photography]; spools for cameras; spools for digital cameras; stands for photographic apparatus; transparencies [photography]; 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; scanners [data processing equipment]; CCD (charge-coupled device) cameras; SD memory cards; secure digital (SD) memory cards; flash memory cards; flash card readers; video games software; speakers; loudspeakers; metronomes; bags specially adapted for cameras and photographic equipment; photographic machines and apparatus; cinematographic machines and apparatus; optical machines and apparatus; measuring or testing machines and instruments; power distribution or control machines and apparatus; rotary converters; phase modifiers; batteries and cells; electric or magnetic meters and testers; personal digital assistants in the shape of a watch; electronic machines, apparatus and their parts; electronic machines [not including geiger counters, high frequency apparatus for welding, cyclotrons [not for medical purposes], industrial X-ray machines and apparatus [not for medical use], industrial betatrons [not for medical use], magnetic prospecting machines, magnetic object detectors, seismic exploration machines and apparatus, hydrophone machines and apparatus, echo sounders, ultrasonic flaw detectors, ultrasonic sensors, electronic door closing control systems and electron microscopes]; electron tubes; semi-conductor elements; electronic circuits, not including those recorded with computer programs; computer programs; 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; magnetic object detectors; seismic exploration machines and apparatus; hydrophone machines and apparatus; echo sounders; ultrasonic flaw detectors; ultrasonic sensors; remote control apparatus for closing doors; electron microscopes; laboratory apparatus and instruments; 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; game programs for arcade video game machines
International Class 10: Finger guards for medical purposes; pacifiers for babies; dummies [teats] for babies; ice bag pillows for medical purposes; triangular bandages; supportive bandages; surgical catguts; feeding cups for medical purposes; dropping pipettes for medical purposes; teats; medical ice bags; medical ice bag holders; baby bottles; nursing bottles; contraceptives, non-chemical; artificial tympanic membranes; prosthetics or fillings materials, not for dental use; ear plugs for sleeping; ear plugs for soundproofing; esthetic massage apparatus for commercial use; medical apparatus and instruments, other than walking aids, crutches; walking aids for medical purposes; crutches; electric massage apparatus for household purposes; gloves for medical purposes; urinals for medical purposes; bed pans; ear picks; diagnostic apparatus for medical purposes; hearing aids; artificial eyes; lenses [intraocular prostheses] for surgical implantation; ophthalmoscopes; gastroscopes; arterial blood pressure measuring apparatus; hearing protectors; medical apparatus and instruments; testing apparatus for medical purposes; X-ray apparatus for medical purposes; protection devices against X-rays, for medical purposes; apparatus for the treatment of deafness; blood testing apparatus; dental apparatus and instruments; medical apparatus and instruments; sanitary masks
International Class 18: Handbag frames; purse frames; horseshoes; leather straps; rawhides; raw skins; tanned leather; fur; industrial packaging containers of leather; clothing for domestic pets; bags; pouches; vanity cases, not fitted; umbrellas and their parts; walking sticks; canes; metal parts of canes and walking-sticks; handles for canes and walking sticks; saddlery; money pouches; quilting pouches; felt pouches; leather pouches; card cases [notecases]; business card cases; key cases; shopping bags; backpacks; rucksacks; handbags; leather and fur, unworked or semi-worked
International Class 35: Retail services or wholesale services for photographic apparatus and instruments and parts and accessories therefor; retail services or wholesale services for optical machines and apparatus and parts and accessories therefor; retail services or wholesale services for cameras, lenses and accessories therefor; retail store services for cameras, lenses and accessories provided via the Internet and other computer and electronic communication networks; retail store services for optical equipment and accessories provided via the Internet and other computer and electronic communication networks; retail store services for home electric appliances provided via the Internet and other computer and electronic communication networks; retail store services for related merchandise in the field of consumer electronics and entertainment equipment, provided via the Internet and other computer and electronic communication networks; providing information concerning commercial sales of on-line web sites; promotion, advertising and marketing of on-line web sites; on-line promotion of computer networks and web sites; providing an online information relating to products, services and events in the field of consumer electronics, all for business and commercial transactions and purposes; business management of retail outlets; collection, systematization, compilation and analysis of business data and information stored in computer databases; computerised point-of-sale data collection services for retailers; management of a retail enterprise; retail services or wholesale services for photographic machines and apparatus and photographic supplies; on-line retail services relating to cameras, lenses and accessories; on-line retail services relating to optical equipment and accessories; retail services relating to home electric appliances; business administration; providing information relating to data processing; accounting; advertising; advertising agencies; advertising by mail order; bill-posting; business appraisals; business information; business inquiries; business management and organisation consultancy; business management assistance; business management of performing artists; commercial information agencies; commercial or industrial management assistance; compilation of information into computer databases; cost price analysis; demonstration of goods; direct mail advertising; dissemination of advertising matter; distribution of samples; document reproduction; marketing research; marketing studies; modelling for advertising or sales promotion; office machines and equipment rental; opinion polling; organization of exhibitions for commercial or advertising purposes; organization of trade fairs for commercial or advertising purposes; outdoor advertising; payroll preparation; personnel management consultation; personnel recruitment; photocopying services; provision of business statistical information; provision of business statistical information on cameras and accessories; public relations; publication of publicity texts; publicity; public relations agency services; writing of publicity texts; publicity material rental; radio advertising; radio advertising; relocation services for businesses; rental of advertising space; secretarial services; shop window dressing; business statistical information on sales of new goods; systemization of information into computer databases; tax preparation; television advertising; transcription; typing; updating of advertising material; word processing; data search in computer files for others; advertising and publicity services; promoting the goods and services of others through the administration of sales and promotional incentive schemes involving trading stamps; business management analysis or business consultancy; marketing research or analysis; providing information concerning commercial sales; business management of hotels; preparation of financial statements; employment agencies; auctioneering; import-export agencies; arranging newspaper subscriptions; shorthand services; office functions, namely, filing, in particular documents or magnetic tapes; providing business assistance to enterprises in the field of computers, typewriters, telex machines and other similar office machines; reception services for visitors in buildings; rental of typewriters, copying machines and word processors; providing employment information; newspaper advertising; rental of vending machines; retail services or wholesale services for a variety of goods in each field of clothing, foods and beverages, and livingware, carrying all goods together; retail services or wholesale services for woven fabrics and beddings; retail services or wholesale services for clothing; retail services or wholesale services for diapers; retail services or wholesale services for footwear, other than special footwear for sports; retail services or wholesale services for bags and pouches; retail services or wholesale services for personal articles; retail services or wholesale services for foods and beverages; retail services or wholesale services for liquor; retail services or wholesale services for meat; retail services or wholesale services for sea food; retail services or wholesale services for vegetables and fruits; retail services or wholesale services for confectionery, bread and buns; retail services or wholesale services for rice and cereals; retail services or wholesale services for milk; retail services or wholesale services for carbonated drinks [refreshing beverages] and non-alcoholic fruit juice beverages; retail services or wholesale services for tea, coffee and cocoa; retail services or wholesale services for processed food; retail services or wholesale services for automobiles; retail services or wholesale services for two-wheeled motor vehicles; retail services or wholesale services for bicycles; retail services or wholesale services for furniture; retail services or wholesale services for joinery fittings; retail services or wholesale services for tatami mats; retail services or wholesale services for ritual equipment; retail services or wholesale services for electrical machinery and apparatuses; retail services or wholesale services for bladed or pointed hand tools, hand tools and metal hardware; retail services or wholesale services for kitchen equipment, cleaning tools and washing utensils; retail services or wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies; retail services or wholesale services for cosmetics, toiletries, dentifrices, soaps and detergents; retail services or wholesale services for agricultural machines, implements and supplies; retail services or wholesale services for flowers [natural] and trees; retail services or wholesale services for fuel; retail services or wholesale services for printed matter; retail services or wholesale services for paper and stationery; retail services or wholesale services for sports goods; retail services or wholesale services for toys, dolls, game machines and apparatus; retail services or wholesale services for musical instruments and records; retail services or wholesale services for clocks, watches and spectacles [eyeglasses and goggles]; retail services or wholesale services for tobaccos and smokers' articles; retail services or wholesale services for building materials; retail services or wholesale services for semi-wrought precious stones and their imitations; retail services or wholesale services for pets; management of computerised information files; management of information files related to daily living, advertising, other websites, making friends on websites, sharing photos, and transmitting image data for providing social networking; administration and management services made on a global computer network for businesses distributing; administration and management services made on a global computer network for businesses distributing content related to daily living, advertising, other websites, making friends on websites, sharing photos, and transmitting image data for providing social networking; advertising via the Internet; business planning for sales promotion of a counterparty's goods or services provided on the Internet; business intermediary and advisory services; business intermediary and advisory services in the field of product sales; business intermediary services in the field of photography; providing media for advertisements; providing information on commodity sales regarding photographs and other goods; provision of information and advisory services relating to e-commerce; data search in computer files for others; photograph library searching services (term considered too vague by the International Bureau - Rule 13 (2) (b) of the Common Regulations)
International Class 37: Installation of semiconductor manufacturing machines and systems; installation of liquid crystal manufacturing machines and systems; repair or maintenance of liquid crystal manufacturing machines and systems; repair or maintenance of semiconductor manufacturing machines and systems; repair or maintenance of photographic machines and apparatus; repair or maintenance of cameras; repair or maintenance of digital cameras; repair or maintenance of camera lenses; repair or maintenance of optical machines and apparatus; repair or maintenance of microscopes; repair or maintenance of binoculars; repair or maintenance of telescopes; repair or maintenance of range finders; installation of semiconductor testing apparatus; installation of liquid crystal testing apparatus; repair or maintenance of semiconductor testing apparatus; repair or maintenance of liquid crystal testing apparatus; repair of spectacles; repair or maintenance of measuring and testing machines and instruments; repair or maintenance of telecommunication machines and apparatus; repair or maintenance of electronic machines and apparatus; repair or maintenance of hearing aids; repair or maintenance of medical apparatus and instruments; repair and maintenance of 3D printers; sterilization of medical apparatus and instruments; repair or maintenance of laboratory apparatus and instruments; construction; repair or maintenance of cinematographic machines and apparatus; repair or maintenance of integrated circuits manufacturing machines and systems
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 and providing information on photo exhibitions; providing photo exhibition facilities and providing information on photo exhibition facilities; educational and instruction services relating to printing, photocopying, and scanning; digital imaging services [editing of images]; educational and training services relating to digital images processing; photography; educational and instruction services relating to photography; educational and instruction services relating to maintenance, repair and operation of photographic equipment and their parts and fittings; educational and instruction services relating to maintenance, repair and operation of measuring or testing machines and instruments and their parts and fittings; educational and instruction services relating to maintenance, repair and operation of optical machines and instruments and their parts and fittings; educational and instruction services relating to maintenance, repair and operation of semiconductor manufacturing machines and systems (including semiconductor testing apparatus and other peripheral equipments) and their parts and fittings; educational and instruction services relating to maintenance, repair and operation of liquid crystal manufacturing machines and systems (including liquid crystal testing apparatus and other peripheral equipments) and their parts and fittings; educational and instruction services relating to maintenance, repair and operation of telecommunication devices and apparatus and their parts and fittings; educational and instruction services relating to maintenance, repair and operation of electronic machines and apparatus and their parts and fittings; educational and instruction services relating to maintenance, repair and operation of eyeglasses (spectacles) manufacturing machines and apparatus and their parts and fittings; providing electronic publications; arranging, conducting and organization of seminars, providing information thereof; rental of optical machines and apparatus; 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 featuring software, photography, cameras, graphic art and illustrations; post-production editing services in the field of music, videos and films; rental of camera and their parts and accessories; rental of camera lenses and lenses for digital cameras and their parts and accessories; amusements; arranging, conducting and organization of seminars; club services [entertainment or education]; coaching [training]; correspondence courses; education information; educational services; entertainment; entertainment information; film production, other than advertising films; game services provided on-line from a computer network; holiday camp services [entertainment]; instruction services; movie studio services; nursery schools; organization of competitions [education or entertainment]; party planning [entertainment]; photographic reporting; photography; practical training [demonstration]; presentation of live show performances; direction or presentation of plays; presentation of musical performances; production of radio or television programs; providing on-line electronic publications, not downloadable; providing on-line music, not downloadable; providing on-line videos, not downloadable; 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; academies [education]; academic education services; teaching; toy rental; educational and instruction services relating to arts, crafts, sports or general knowledge; arranging and planning of movies, shows, plays or musical performances; movie theatre presentations or movie 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 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 cameras; rental of fishing equipment and instruments
International Class 44: Beauty salons; barbershops; providing bath houses; garden tree planting; garden or flower bed care; fertilizer spreading; weed killing; vermin exterminating [for agriculture, aquaculture, horticulture or forestry]; massage and therapeutic Shiatsu massage; chiropractics; moxibustion; treatment for joint dislocation, sprain, bone fracture or the like [Judo-seifuku]; acupuncture; medical services; providing medical information; physical examination; dentistry services; preparation and dispensing of medications; dietary and nutritional guidance; animal breeding; veterinary services; beauty care services for animals; nursing care; rental of potted plants; farming equipment rental; rental of medical apparatus and instruments; rental of apparatus and instruments for use in beauty salons or barbers' shops; rental of lawnmowers; providing dental information; providing ophthalmoscopy information; providing medical image data; rental of beauty machines and apparatus; rental of medical apparatus, namely, ultrasonic eyeglass cleaners; opticians' services
If modifying one of the duplicate entries, applicant may amend it 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. Also, generally, any deleted goods and/or services may not later be reinserted. TMEP §1402.07(e).
Therefore, applicant must remove the parentheses and brackets from the identification and incorporate any parenthetical or bracketed information into the description of the goods and/or services.
Please note that the various searching services referred to in the International Class 35 identification are indefinite and misclassified as information/data searching services are properly classified in Class 42. As indicated below, the classification of goods and/or services in a Section 66(a) application may not be changed. Therefore, such services must be deleted.
Applicant may substitute the following wording, if accurate:
International Class 5:
Pharmaceutical preparations for {INDICATE what preparations are for, e.g. wounds, skin care, use in urology, use in dermatology, treating diabetes, etc.}; reagent paper for medical purposes; fumigants for agricultural purposes; fungicides for agricultural purposes; rodenticides for agricultural purposes; insecticides for agricultural purposes; herbicides; insect-repellents for agricultural purposes; antiseptics for agricultural purposes; oiled paper for medical purposes; drug delivery agents in the form of edible wafers for wrapping powdered pharmaceuticals; gauze for dressings; empty capsules for pharmaceuticals; eyepatches for medical purposes; ear bandages; menstruation bandages; menstruation tampons; sanitary napkins; sanitary panties; absorbent cotton for medical purposes; adhesive plasters for medical purposes; bandages for dressings; liquid bandages; breast-nursing pads; cotton swabs for medical use; dental materials, namely, {INDICATE specific goods properly classified in Class 5, e.g. dental sealants, dental adhesives, dental ceramics, dental alloys, dental veneers, dental mastics, dental amalgams, etc.}; baby diapers; cloth nappies as baby diapers; textile nappies as baby diapers; infant diaper covers; cloth nappy covers being infant diaper covers; textile nappy covers; fly catching paper; mothproofing paper; lacteal flour for babies; dietary supplements for humans; dietetic beverages adapted for medical purposes; dietetic food adapted for medical purposes; beverages for babies, namely, infant formula; food for babies; dietary supplements for animals; semen for artificial insemination; pharmaceutical agents affecting sensory organs; agents for ophthalmic use, namely, ophthalmic preparations; diagnostic preparations for medical or veterinary purposes; X-ray contrast agents; diagnostic reagents for medicinal use; diagnostic media for bacteriological cultures; biological preparations for medical purposes, namely, {INDICATE specific goods properly classified in Class 5, e.g. biological tissue grafts, biological preparations for the treatment of cancer, biological tissue cultures for medical purposes, etc.}; antitoxic sera; mixed biological preparations for the prevention and treatment of infectious diseases; vaccines; hemotropic agents, namely, {INDICATE specific goods properly classified in Class 5, e.g. pharmaceutical preparations for the treatment of blood disorders}; anticoagulants; blood substitutes for human and veterinary use; blood plasma; hemostatics for medical purposes; cellular function activating agents for medical or veterinary purposes; chlorophyll preparations for medical purposes, namely, pharmaceutical preparations for wounds, pharmaceutical preparations for skin care, chlorophyll detoxification agents for medical purposes and anti-cancer preparations; dye preparations for medical purposes, namely, surgical dyes; diagnostic preparations for medical purposes; drugs for medical purposes, namely, pharmaceutical preparations for {INDICATE disease or condition to be treated, e.g. use in urology, skin care, treating hypertension, etc.}; drugs for medical purposes, namely, {INDICATE specific types of pharmaceuticals, e.g. antivirals, antidepressants, anti-epileptics, anticoagulants, etc.}; medicines for human purposes for {INDICATE disease or condition to be treated, e.g. intestinal disorders, alleviating constipation, the treatment of gastrointestinal diseases, treatment of infectious diseases and for use in oncology, etc.}; medicines for veterinary purposes for {INDICATE disease or condition to be treated, e.g. intestinal disorders, alleviating constipation, the treatment of gastrointestinal diseases, treatment of infectious diseases and for use in oncology, etc.}; medicines for dental purposes; reagent paper for veterinary purposes; diagnostic agents, preparations and substances for medical purposes; diagnostic preparations for blood testing for medical or veterinary purposes; in vitro diagnostic preparations for medical purposes; in vitro diagnostic preparations and reagents for medical purposes
International Class 7:
High frequency apparatus for welding, namely, electric arc welding apparatus
International Class 9:
Photographic equipment and parts and accessories therefor, namely, {INDICATE specific goods properly classified in Class 9}; cameras and parts and accessories therefor; digital cameras and parts and accessories therefor, namely, {INDICATE specific goods properly classified in Class 9}; 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, {INDICATE specific goods properly classified in Class 9}; binoculars; telescopes; range finders for cameras; Recorded and downloadable computer software for editing and managing of photographs and movies; Downloadable electronic publications in the nature of {INDICATE specific nature of publications, e.g. newsletters, e-zines, books, etc.} in the field of {INDICATE subject matter of publications}; Electronic publications in the nature of {INDICATE specific nature of publications, e.g. newsletters, e-zines, books, etc.} in the field of {INDICATE subject matter of publications} recorded on computer media; non-contact measuring machines and instruments, namely, {INDICATE specific goods properly classified in Class 9}; Recorded and downloadable computer software for {INDICATE function of software}; 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 eye glasses; eyewear; ophthalmic lenses; optical lenses; lenses for spectacles; lenses for eyeglasses; 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; liquid crystal testing apparatus, namely, {INDICATE specific goods properly classified in Class 9}; parts and accessories for semiconductor testing apparatus, namely, {INDICATE specific goods properly classified in Class 9}; parts and accessories for liquid crystal testing apparatus, namely, {INDICATE specific goods properly classified in Class 9}; 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, namely, {INDICATE specific goods properly classified in Class 9}; 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, {INDICATE specific goods properly classified in Class 9}; cinematographic machines and apparatus; optical machines and apparatus, namely, {INDICATE specific goods properly classified in Class 9}; measuring or testing machines and instruments, namely, {INDICATE specific goods properly classified in Class 9}; power distribution or control machines and apparatus, namely, {INDICATE specific goods properly classified in Class 9, e.g. power distributing boxes, electrical power distribution units, power controllers, etc.}; rotary converters; phase modifiers, namely, phase shifters for communication apparatus and optical phase shifters; batteries and fuel cells, photovoltaic cells, solar cells and dry cells; electric meters, pulse generators for testing electric current, continuity test apparatus for electrical circuits; magnetic meters and testers, namely, {INDICATE specific goods properly classified in Class 9}; personal digital assistants in the shape of a watch; electronic machines, apparatus and their parts, namely, {INDICATE specific goods properly classified in Class 9}; electronic machines, namely, {INDICATE specific goods properly classified in Class 9}, not including geiger counters, high frequency apparatus for welding, cyclotrons not for medical purposes, industrial X-ray machines and apparatus not for medical use, industrial betatrons not for medical use, magnetic prospecting machines, magnetic object detectors, seismic exploration machines and apparatus, hydrophone machines and apparatus, echo sounders, ultrasonic flaw detectors, ultrasonic sensors, electronic door closing control systems and electron microscopes; electron tubes; semi-conductor elements, namely, semi-conductor memories, structured semi-conductor wafers and quantum dots in the nature of crystalline semi-conductor material; electronic circuits, not including those recorded with computer programs; Recorded and downloadable computer programs for {INDICATE the function of the software}; 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, {INDICATE specific goods properly classified in Class 9}; 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, {INDICATE specific goods properly classified in Class 9}; 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, 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 apparatus, diaphragms for contraception, intra-uterine contraceptive devices; 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 and crutches, namely, {INDICATE specific goods properly classified in Class 10}; 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, {INDICATE specific goods properly classified in Class 10, e.g. ultrasonic medical diagnostic apparatus, medical diagnostic apparatus for detecting cancer, medical diagnostic apparatus for testing DNA and RNA samples, etc.}; hearing aids; artificial eyes; intraocular prostheses lenses for surgical implantation; ophthalmoscopes; gastroscopes; arterial blood pressure measuring apparatus; hearing protectors without the ability to reproduce or transmit sound; medical apparatus and instruments, namely, surgical instruments and apparatus; testing apparatus for medical purposes, namely, {INDICATE specific goods properly classified in Class 10, e.g. eye testing machines and apparatus, ergometers for medical testing purposes, immunochemical testing apparatus for medical use, etc.}; 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, {INDICATE specific goods properly classified in Class 10, e.g. prophy angles, oral irrigators, orthodontic machines and instruments, crown and bridge removers, hemostats that clamp blood vessels to diminish or halt blood flow, picks, burrs and mirrors, etc.}; medical apparatus and instruments, namely, {INDICATE specific goods properly classified in Class 10}; sanitary masks for medical purposes
International Class 18:
Handbag frames; purse frames; horseshoes; leather straps; rawhides; raw skins; tanned leather; fur, namely, artificial, synthetic and imitation fur; industrial packaging containers of leather; clothing for domestic pets; carry-all bags; pouches of textile; vanity cases, not fitted; umbrellas and their parts; walking sticks; canes; metal parts of canes and walking-sticks; handles for canes and walking sticks; saddlery; money pouches of textile; quilting pouches, namely, functional sacks for holding and carrying yarn while quilting; felt pouches; leather pouches; name card cases and credit card cases; business card cases; key cases; textile shopping bags; backpacks; rucksacks; handbags; leather and artificial, synthetic and imitation fur, unworked or semi-worked
International Class 35:
Retail store services or wholesale store services for photographic apparatus and instruments and parts and accessories therefor; retail store services or wholesale store services for optical machines and apparatus and parts and accessories therefor; retail store services or wholesale store services for cameras, lenses and accessories therefor; retail store services for cameras, lenses and accessories provided via the Internet and other computer and electronic communication networks; retail store services for optical equipment and accessories provided via the Internet and other computer and electronic communication networks; retail store services for home electric appliances provided via the Internet and other computer and electronic communication networks; retail store services for related merchandise in the field of consumer electronics and entertainment equipment, provided via the Internet and other computer and electronic communication networks; providing information concerning commercial sales of on-line web sites; promotion, advertising and marketing of on-line web sites; on-line promotion of computer networks and web sites; providing an online business and commercial information relating to products, services and events in the field of consumer electronics, all for business and commercial transactions and purposes; business management of retail outlets; collection, systematization, compilation and analysis of business data and information stored in computer databases; computerised point-of-sale data collection services for retailers for business purposes; business management of a retail enterprise; retail store services or wholesale store services for photographic machines and apparatus and photographic supplies; on-line retail store services relating to cameras, lenses and accessories; on-line retail store services relating to optical equipment and accessories; retail store services relating to home electric appliances; business administration; providing information relating to data processing; accounting; advertising; advertising agencies; advertising by mail order; bill-posting; business appraisals; business information; business inquiries; business management and organisation consultancy; business management assistance; business management of performing artists; commercial information agencies; commercial or industrial management assistance; compilation of information into computer databases; cost price analysis; demonstration of goods; direct mail advertising; dissemination of advertising matter; distribution of samples; document reproduction; marketing research; marketing studies; modelling for advertising or sales promotion; office machines and equipment rental; public opinion polling; market opinion polling; organization of exhibitions for commercial or advertising purposes; organization of trade fairs for commercial or advertising purposes; outdoor advertising; payroll preparation; personnel management consultation; personnel recruitment; photocopying services; provision of business statistical information; provision of business statistical information on cameras and accessories; public relations; publication of publicity texts; publicity agency services; public relations agency services; writing of publicity texts; publicity material rental; radio advertising; relocation services for businesses; rental of advertising space; secretarial services; shop window dressing; business statistical information on sales of new goods; systemization of information into computer databases; tax preparation; television advertising; medical transcription; message transcription; typing; updating of advertising material; word processing; advertising and publicity services; promoting the goods and services of others through the administration of sales and promotional incentive schemes involving trading stamps; business management analysis or business consultancy; marketing research or analysis; providing information concerning commercial sales; business management of hotels; preparation of financial statements; employment agencies; auctioneering; import-export agencies; arranging newspaper subscriptions for others; shorthand services; office functions, namely, filing, in particular documents or magnetic tapes; providing business assistance to enterprises in the field of computers, typewriters, telex machines and other similar office machines; reception services for visitors in buildings, namely, secretarial and clerical services; rental of typewriters, copying machines and word processors; providing employment information; newspaper advertising; rental of vending machines; retail store services or wholesale store services for a variety of goods in each field of clothing, foods and beverages, and livingware, carrying all goods together; retail store services or wholesale store services for woven fabrics and beddings; retail store services or wholesale store services for clothing; retail store services or wholesale store services for diapers; retail store services or wholesale store services for footwear, other than special footwear for sports; retail store services or wholesale store services for bags and pouches; retail store services or wholesale store services for personal care articles; retail store services or wholesale store services for foods and beverages; retail store services or wholesale store services for liquor; retail store services or wholesale store services for meat; retail store services or wholesale store services for sea food; retail store services or wholesale store services for vegetables and fruits; retail store services or wholesale store services for confectionery, bread and buns; retail store services or wholesale store services for rice and cereals; retail store services or wholesale store services for milk; retail store services or wholesale store services for carbonated drinks and non-alcoholic fruit juice beverages; retail store services or wholesale store services for tea, coffee and cocoa; retail store services or wholesale store services for processed food; retail store services or wholesale store services for automobiles; retail store services or wholesale store services for two-wheeled motor vehicles; retail store services or wholesale store services for bicycles; retail store services or wholesale store services for furniture; retail store services or wholesale store services for joinery fittings; retail store services or wholesale store services for tatami mats; retail store services or wholesale store services for ritual equipment; retail store services or wholesale store services for electrical machinery and apparatuses; retail store services or wholesale store services for bladed or pointed hand tools, hand tools and metal hardware; retail store services or wholesale store services for kitchen equipment, cleaning tools and washing utensils; retail store services or wholesale store services for pharmaceutical, veterinary and sanitary preparations and medical supplies; retail store services or wholesale store services for cosmetics, toiletries, dentifrices, soaps and detergents; retail store services or wholesale store services for agricultural machines, implements and supplies; retail store services or wholesale store services for flowers and trees; retail store services or wholesale store services for fuel; retail store services or wholesale store services for printed matter; retail store services or wholesale store services for paper and stationery; retail store services or wholesale store services for sports goods; retail store services or wholesale store services for toys, dolls, game machines and apparatus; retail store services or wholesale store services for musical instruments and records; retail store services or wholesale store services for clocks, watches and spectacles; retail store services or wholesale store services for tobaccos and smokers' articles; retail store services or wholesale store services for building materials; retail store services or wholesale store services for semi-wrought precious stones and their imitations; retail store services or wholesale store services for pets; management of computerised information files; management of computerized information files related to daily living, advertising, other websites, making friends on websites, sharing photos, and transmitting image data for providing social networking; Business administration and management services via a global computer network for businesses engaged in distributing {INDICATE what businesses are distributing}; Business administration and management services via a global computer network for businesses distributing content related to daily living, advertising, other websites, making friends on websites, sharing photos, and transmitting image data for providing social networking; advertising via the Internet; business planning for sales promotion of a counterparty's goods or services provided on the Internet; business intermediary and advisory services relating to the matching of potential private investors with entrepreneurs needing funding; business intermediary services, namely, business advisory services in the field of product sales; business intermediary services, namely, business advisory services in the field of photography; providing media for advertisements, namely, design of advertising materials; providing information on commodity sales regarding photographs and other goods; provision of business information and business advisory services relating to e-commerce;
International Class 37:
Installation of semiconductor manufacturing machines and systems; installation of liquid crystal manufacturing machines and systems; repair or maintenance of liquid crystal manufacturing machines and systems; repair or maintenance of semiconductor manufacturing machines and systems; repair or maintenance of photographic machines and apparatus; repair or maintenance of cameras; repair or maintenance of digital cameras; repair or maintenance of camera lenses; repair or maintenance of optical machines and apparatus; repair or maintenance of microscopes; repair or maintenance of binoculars; repair or maintenance of telescopes; repair or maintenance of range finders; installation of semiconductor testing apparatus; installation of liquid crystal testing apparatus; repair or maintenance of semiconductor testing apparatus; repair or maintenance of liquid crystal testing apparatus; repair of spectacles; repair or maintenance of measuring and testing machines and instruments; repair or maintenance of telecommunication machines and apparatus; repair or maintenance of electronic machines and apparatus; repair or maintenance of hearing aids; repair or maintenance of medical apparatus and instruments; repair and maintenance of 3D printers; sterilization of medical apparatus and instruments; repair or maintenance of laboratory apparatus and instruments; construction of buildings; repair or maintenance of cinematographic machines and apparatus; repair or maintenance of integrated circuits manufacturing machines and systems
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; 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 {INDICATE nature of publication, e.g. books, newspapers, magazines, journals, etc.} in the field of {INDICATE subject matter of publications}; arranging, conducting and organization of seminars, providing information thereof; rental of optical machines and apparatus used in 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 and social club services in the nature of arranging, organizing and hosting social events, get-togethers and parties for club members; coaching in the field of {INDICATE field or subject matter of coaching}; Education in the fields of {INDICATE fields or subject matter} rendered through correspondence courses; providing information on education; educational services, namely, {INDICATE specific services properly classified in Class 41}; entertainment, namely, {INDICATE specific services properly classified in Class 41}; entertainment information; film production, other than advertising films; game services provided on-line from a computer network; holiday camp services; instruction services in the field of {INDICATE field or subject matter of instruction}; movie studio services; nursery schools; organization of sports, athletic and electronic game competitions; party planning; photographic reporting; practical training in the field of {INDICATE field or subject matter of training}; presentation of live show performances; direction or presentation of plays; presentation of musical performances; production of radio or television programs; providing on-line electronic publications, not downloadable, in the nature of {INDICATE nature of publication, e.g. books, newspapers, magazines, journals, etc.} in the field of {INDICATE subject matter of publications}; providing on-line music, not downloadable; providing on-line videos, not downloadable featuring {INDICATE what is featured in the videos}; 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; Educational academies, namely, providing courses of instruction at the preschool, elementary, middle school and high school levels; academic education services namely, providing courses of instruction at the preschool, elementary, middle school and high school levels; teaching at the undergraduate, graduate and post-graduate level; 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
International Class 44:
Beauty salons; barbershops; providing bath houses; garden tree planting; garden or flower bed care; fertilizer spreading; weed killing; vermin exterminating for agriculture, aquaculture, horticulture or forestry; massage and therapeutic Shiatsu massage; chiropractics; moxibustion; treatment for joint dislocation, sprain, bone fracture or the like (Judo-seifuku); acupuncture; medical services; providing medical information; physical examination; dentistry services; preparation and dispensing of medications; dietary and nutritional guidance; animal breeding; veterinary services; beauty care services for animals; nursing care; rental of potted plants; farming equipment rental; rental of medical apparatus and instruments; rental of apparatus and instruments for use in beauty salons or barbers' shops; rental of lawnmowers; providing dental information; providing ophthalmoscopy information; providing medical image data; rental of beauty machines and apparatus; rental of medical apparatus, namely, ultrasonic eyeglass cleaners; opticians' services
Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended. See TMEP §1402.06(a)-(b). The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification. TMEP §§1402.06(b), 1402.07(a)-(b). Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted. TMEP §1402.07(e).
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.
MARK DESCRIPTION REQUIRED
Applicant must submit a description of the mark, because one was not included in the application. 37 C.F.R. §2.37; see TMEP §§808.01, 808.02. Applications for marks not in standard characters must include an accurate and concise description of the entire mark that identifies all the literal and design elements. See 37 C.F.R. §2.37; TMEP §§808.01, 808.02, 808.03(b). In this case, the drawing of the mark is not in standard characters.
The following description is suggested, if accurate: The mark consists of the word "Nikon" and a repeating pattern of elliptical ovals within a square device. The word "Nikon" is displayed in stylized font in black, the elliptical ovals are displayed in white merging into yellow, and the square device is displayed in yellow.
U.S. LICENSED COUNSEL REQUIRED
Applicant must be represented by a U.S.-licensed attorney at the USPTO to respond to or appeal the provisional refusal. An applicant whose domicile is located outside of the United States or its territories is foreign-domiciled and must be represented at the USPTO by an attorney who is an active member in good standing of the bar of the highest court of a U.S. state or territory. 37 C.F.R. §§2.11(a), 11.14; Requirement of U.S.-Licensed Attorney for Foreign-Domiciled Trademark Applicants & Registrants, Examination Guide 4-19, at I.A. (Rev. Sept. 2019). An individual applicant’s domicile is the place a person resides and intends to be the person’s principal home. 37 C.F.R. §2.2(o); Examination Guide 4-19, at I.A. A juristic entity’s domicile is the principal place of business; i.e., headquarters, where a juristic entity applicant’s senior executives or officers ordinarily direct and control the entity’s activities. 37 C.F.R. §2.2(o); Examination Guide 4-19, at I.A. Because applicant is foreign-domiciled, applicant must appoint such a U.S.-licensed attorney qualified to practice under 37 C.F.R. §11.14 as its representative before the application may proceed to registration. 37 C.F.R. §2.11(a). See Hiring a U.S.-licensed trademark attorney for more information.
To appoint or designate a U.S.-licensed attorney. To appoint an attorney, applicant should submit a completed Trademark Electronic Application System (TEAS) Revocation, Appointment, and/or Change of Address of Attorney/Domestic Representative form. The newly-appointed attorney must submit a TEAS Response to Examining Attorney Office Action form indicating that an appointment of attorney has been made and address all other refusals or requirements in this action, if any. Alternatively, if applicant retains an attorney before filing the response, the attorney can respond to this Office action by using the appropriate TEAS response form and provide his or her attorney information in the form and sign it as applicant’s attorney. See 37 C.F.R. §2.17(b)(1)(ii).
How to respond. Click to file a response to this nonfinal Office action
If the applicant has any questions or needs assistance in responding to this Office Action, 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
RESPONSE GUIDANCE