Examiners Amendment

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

EXAMINER’S AMENDMENT

 

 

Issue date:  December 08, 2020

International Registration No. 1501525

 

 

Application has been amended as shown below.  As agreed to by Ross Panko on 12/8/20, 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).

 

AMENDED IDENTIFICATION OF GOODS AND SERVICES

The identification of goods and services in the classes below are amended to read as follows: 

 

International Class 9:  Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking in the nature of supervision, life-saving and teaching apparatus and instruments, namely, apparatus for producing sound, images or data, namely, radios, televisions, computers, telephones and telephone systems comprising computer hardware, telecommunications software, automatic switching apparatus for telecommunications, network switchers, automatic telephone exchanges and computer peripheral apparatus, smart phones and tablet computers; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, namely, electrical conductors, electric switches, electrical transformers, electric accumulators, voltage regulators and electrical controllers; apparatus for the recording, transmission, processing and reproduction of sound, images or data; electro-technical apparatus and instruments and electrical equipment, apparatus and instruments for the transmitting of commands, namely, telephones and mobile phones, computers, motor vehicle automation equipment comprised of downloadable and recorded computer software for operating and controlling cruise controls for motor vehicles, navigation apparatus for vehicles in the nature of on-board computers, navigational instruments for vehicles, downloadable and recorded computer software and sensors for monitoring and recording vehicle wear and fuel efficiency, electronic sensors for anti-theft automotive alarms, remote control transmitters and receivers for remotely operating land vehicles, remote control starters for vehicles, simulators for driving or the control of vehicles, sound equalizers and temperature control systems, namely, climate control systems consisting of digital thermostats for cooling equipment and a programmable logic controller (PLC) with input and output features for temperature and humidity, which works with a remote digital read out controller, automation equipment for buildings, namely, wireless remotes for monitoring temperature and humidity in buildings, wireless and wired controllers for controlling home HVAC systems, controlled devices and downloadable and recorded software for monitoring and controlling home and office appliances, namely, lightening, HVAC, security and other home and office electrical power monitoring and control applications, security systems automation equipment, namely, building security systems comprising software and hardware for providing picture, video, alarm status, building plans and other information to a remote station, downloadable and recorded software for monitoring and controlling home appliances, lighting, thermostats, heating, cooling, ventilation, security and electrical power use, apparatus for accessing the internet and telecommunications systems, namely, computers, mobile and cellular phones, tablet computers, routers, electrical and telecommunication switches, hubs, servers, micro USB ports, firewalls and modems; blank magnetic data carriers for use with computers, telephone systems, smart phones and tablets; pre-recorded magnetic and optical data carriers featuring operating software for use with telecommunication computers, household automation systems and information technology computers; pre-recorded magnetic data carriers containing data, information, video and audio in the fields of telecommunications, home and office connectivity, data security, data processing, data storage, news, business and music; mechanisms for coin operated apparatus; calculating machines; computer hardware for data processing; computers; digital recording media, namely, CDs, DVDs, laser discs, video tapes, audio tapes, diskettes, computer disks, optical disks, optical recording disks, smart cards, magnetic data carriers, optical data carriers, USB devices and Solid State Drives containing videos, audio, images, text and metadata in the fields of telecommunications, home and office connectivity, data security, data processing, data storage, news, business and music; computer programs, recorded, for telecommunications, automation systems and information technology for home, office and vehicle automation, namely, for controlling lighting systems, heating and cooling systems, security systems, home appliances and electronic devices; downloadable and recorded computer software, namely, computer game programs, downloadable and recorded computer software for operating and controlling building security and building access, downloadable and recorded computer software for operating and controlling home and office electrical power systems comprising wireless and wired controllers, downloadable and recorded computer software for operating and controlling wireless controllers to remotely monitor and control function and status of other electrical, electronic and mechanical devices or systems, namely, thermostats and lighting systems, downloadable and recorded computer software for remotely monitoring environmental conditions and controlling devices within a building, facility, grounds or designated spatial area, downloadable and recorded computer software, namely, computer programs for the transmission, reproduction, receiving, accessing, searching, indexing and retrieving of games, images, music, sounds, text, movies, video and animations in the field of general entertainment and data, for general database management, for the management of operation and testing of wireless communication devices, for enabling and securing electronic transactions, downloadable and recorded computer software for operating cloud computing based applications, downloadable and recorded computer software for mobile data communication, downloadable and recorded computer software for controlling the operation and execution of other computer programs and networks, downloadable and recorded computer software for connecting disparate computer systems, servers and storage devices, computer application software for management of electronic storage of file and document data across computer networks, for digital rights management services to manage compliance with licenses and restrictions for obtaining and analysing information about end-users for security of data transmission, downloadable and recorded software for media content delivery, downloadable and recorded software for enabling, facilitating, improving and accelerating content delivery and computer network traffic management, downloadable and recorded software in the nature of mobile applications for displaying online information, downloadable and recorded software for downloading and accessing electronically stored data; downloadable video recording software; downloadable computer game programs; downloadable electronic publications in the nature of periodical, newsletters, magazines, advertisements, reports, marketing materials and pamphlets in the field of telecommunications, home and office connectivity solutions, automation systems, computing and data storage, processing and data security and information technology; electronic components for motor vehicles, namely, audio stereos, audio speakers, amplifiers, audio equalizers, batteries, electric locks, electric display panels being display screens, navigation systems, capacitors, connectors, filters, oscillators, relays, switches, transformers, resistors, semiconductors, integrated circuits, rectifiers and transistors; downloadable and recorded computer software for medical apparatus and instruments for analysing patient data, patient's vital signs, patient diagnosis and patient treatment; computer mice; mouse pads; camera casings; measuring instruments in the nature of connected smart bracelets; wrist rests for use with computers; electronic book reader covers; cell phone covers; covers for smart phones; covers for tablet computers; in-ear headphones; wireless headsets for cellular, mobile and smart phones; wireless headphones; headphones; selfie-sticks being hand held monopods; touch screen pens; cases made of leather or imitations of leather for mobile telephones, tablet computers, notebooks, electronic readers, navigating apparatus, data storage media, data processing apparatus; covers made of leather or imitations of leather for DVDs, CDs, audio and video tapes.

 

International Class 11: Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating and water supply, namely, lighting apparatus for vehicles, steam generators, gas stoves, electric stoves, duel-fuel stoves and solar stoves, cooking ovens, microwave ovens for cooking, refrigerators, freezers, clothes dryers and electric dish dryers, air conditioning units, heating units in the nature of heating systems for residential and commercial buildings comprised of boilers, valves, pipes, manifolds, control panel switches, and electrical wire, all sold as a unit and dehumidifiers, air conditioning apparatus, air cooling apparatus, air ventilating apparatus for HVAC systems and for household and industrial purposes, metered water valves for plumbing and heating and cooling installations

 

 

International Class 35:  Advertising services; Merchandising services; advertising in the framework of sponsorship search; sales promotion for others; organizing and conducting trade fairs, events and exhibitions for commercial or advertising purposes; business management; Business administration for others; Providing office functions; Commercial business management and commercial management for third parties, in particular in the area of energy, gas, water; collection, systematization, compilation and analysis of business data and information stored in computer data bases; Retail store services and retail store services provided via the Internet and other communication networks featuring essential oils and aromatic extracts, bath preparations, deodorants and antiperspirants, hair preparations and treatments, body cleaning and beauty care preparations, cleaning and fragrancing preparations, household fragrances, laundry preparations, oral hygiene preparations, perfumery and fragrances, soaps and gels, toiletries, washing and cleaning machines for the household and the commercial sector, rinsing machines for the industrial and the household sector, in particular dishwashers, electric kitchen machines, electric cleaning apparatus for household purposes, scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking in the nature of life-saving and teaching apparatus and instruments, apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, apparatus for the recording, transmission, processing and reproduction of sound, images or data, electro technical equipment, apparatus and instruments, electrical equipment, apparatus and instruments for the transmitting of commands, magnetic data carriers, mechanisms for coin operated apparatus, calculating machines, hardware for data processing, computer apparatus, recorded and blank data carriers of all kinds, CDs, DVDs and other digital recording media, computer programs, recorded, computer software, including downloadable computer game programs, downloadable video recording software, computer game programs, downloadable electronic publications, electronic components for motor vehicles, software for medical apparatus and instruments, computer mice, mouse pads, camera casings, connected bracelets in the nature of measuring instruments, wrist rests for use with computers, electronic book reader covers, cell phone covers, covers for smartphones, covers for tablet computers, in-ear headphones, wireless headsets, wireless headphones, headphones, selfie sticks being hand-held monopods, touch screen pens, video games, medical apparatus and instruments, orthopedic articles, apparatus for use in medical analysis, medical apparatus and instruments for patient monitoring and displaying patient's vital signs, medical measuring apparatus and parts thereof, apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating and water supply, motor vehicles and parts thereof, jewellery, key rings and key chains, and charms therefor, time instruments, printed matter, printed photographs, office requisites except furniture, instructional and teaching material except apparatus, luggage, bags, wallets and other carriers, leather and imitations of leather, namely, leather bags, leather suitcases, handbags made of leather, rucksacks made of leather, cased made of leather or imitations of leather for mobile telephones, tablet computers, notebooks, eBooks, navigating apparatus, game consoles, data storage media, data processing apparatus, covers made of leather or imitations of leather for DVDs, CDs, audio and video tapes, folders and sleeves made of leather or imitations of leather, writing cases made of leather or imitations of leather, pencil cases made of leather or imitations of leather, keychains made of leather or imitations of leather, portfolio cases being briefcases, briefcases, vanity cases made of leather sold empty, leather cases, leather pouches, boxes made of leather, attache cases, briefcases, credit card cases made of leather, purses made of leather, travel kits being leather ware, key bags made of leather, luggage tags made of leather, leather straps, leather laces, buttons made of leather, leather leashes, saddlery made of leather, trimmings made of leather for furniture, bags in the nature of envelopes and pouches made of leather, for packaging, leather envelopes for packaging, bags made of leather for packaging, bags made of imitations of leather, travelling sets, made of imitations of leather, handbags made of imitations of leather, rucksacks made of imitations of leather, briefcases made of imitations of leather, vanity cases made of imitations of leather sold empty, pouches made of imitations of leather, boxes made of imitations of leather, briefcases made of imitations of leather, credit card holders made of imitations of leather, purses made of imitations of leather, travel kits made of imitations of leather, key bags made of imitations of leather, luggage tags made of imitations of leather, straps made of imitations of leather, yarn made of imitations of leather, trimmings of imitations of leather for furniture, bags in the nature of envelopes and pouches made of imitations of leather, for packaging, bags made of imitations of leather for packaging, umbrellas and parasols, aquaria and vivaria, dental cleaning articles, air fragrancing apparatus, brushes, brooms and other cleaning articles, coin banks in the nature of piggy banks, cosmetic and toilet utensils as well as bathroom articles, dustbins, glasses, drinking vessels and barware, statues, figurines, plaques and works made of art, made of materials such as porcelain, terracotta or glass, tableware, cookware and containers, unworked and semi-worked glass, clothing, headgear, footwear, games, apparatus for games; Services provided by an e-commerce operator, namely, electronic order processing services; administrative processing of delivery orders and accountancy for electronic ordering systems; Office functions, namely, accountancy; Sponsorship search; Office functions, namely, appointment reminder services

 

International Class 41:  Education services, namely, classes and seminars in the fields of telecommunications, automation systems and information technology; training services in the field of telecommunications, automation systems and information technology; Entertainment services in the nature of providing live musical, variety, news and comedy performances via global telecommunications networks, providing information to mobile communications devices in the field of entertainment news, entertainment movies, television, music, sports, celebrity personalities, current events and social commentary on entertainment, ticket agency services for entertainment events, information about entertainment and entertainment events provided via online networks and internet, provision of non-downloadable films, television programs and other video content in the nature of motion pictures, documentaries, entertainment shows, talk-shows, drama, entertainment, fiction, non-fiction, educational, travel, adventure, action, comedy, arts, sports and education, documentaries via a video-on-demand service; Sporting and cultural activities, namely, organizing community sporting and cultural events; Organization of sponsored cultural, sporting, social entertainment events; Organization of sponsored ecological entertainment events in the nature of curated nature walks and live animal demonstrations; Providing information, online, in the field of education, training and entertainment; providing online non-downloadable electronic publications in the nature of instructional materials in the fields of telecommunications, automation systems and information technology; Game services provided online, namely, providing online computer games; Online publication of electronic books and journals.

 

 

See TMEP §§1402.01, 1402.01(e).

 

 

 

 

/Kyle Ingram/

Kyle Ingram

Attorney Advisor

Law Office 125

(571)272-5276

Kyle.ingram@uspto.gov

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on December 08, 2020 for

U.S. Trademark Application Serial No. 79273313

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

Ingram, Kyle

/Kyle Ingram/

Kyle Ingram

Attorney Advisor

Law Office 125

(571)272-5276

Kyle.ingram@uspto.gov

 

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”