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. 79284979
Mark: BLUESHARK
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Correspondence Address: BEIJING ZHICHEN; INTELLECTUAL PROPERTY A |
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Applicant: Sharkgulf Technology (Shanghai) CO., LTD
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Reference/Docket No. N/A
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
International Registration No. 1529395
NOTICE 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).
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. As explained below, only a U.S.-licensed attorney can take action on an application on behalf of a foreign-domiciled applicant. 37 C.F.R. §2.11(a).
SEARCH OF USPTO DATABASE OF MARKS
REPRESENTATION BY U.S.-LICENSED ATTORNEY REQUIRED
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.
Only a U.S.-licensed attorney can take action on an application on behalf of a foreign-domiciled applicant. 37 C.F.R. §2.11(a). Accordingly, the USPTO will not communicate further with applicant about the application beyond this Office action or permit applicant to make future submissions in this application. And applicant is not authorized to make amendments to the application.
To appoint or designate a U.S.-licensed attorney: To appoint an attorney, applicant should submit a completed Trademark Electronic Application System (TEAS) Change Address or Representation 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).
IDENTIFICATION OF GOODS AND SERVICES
In an application filed under Trademark Act Section 66(a), an applicant may not change the classification of goods and/or services from that assigned by the International Bureau of the World Intellectual Property Organization in the corresponding international registration. 37 C.F.R. §2.85(d); TMEP §§1401.03(d), 1904.02(b). Therefore, where the goods and/or services may be classified in several international classes, any modification must identify goods and/or services in the same international class originally specified in the application for the relevant wording. See TMEP §1904.02(c), (c)(ii).
Applicant may adopt the following amended wording, if accurate (changes in bold):
Class 012: Electric locomotives; motorized golf carts; electric bicycles; moped; bicycles; pushchairs; sleighs for transport purposes; electric land vehicles; motorcycles; snowmobiles; motor scooters; two-wheeled motor vehicles; cross-country motorcycles; electric tricycles not being toys; push scooters; remote control land vehicles, other than toys; anti-theft devices for vehicles; electrically-powered motor scooters; safety seats for children, for vehicles; safety seats for children, for cars; boxes and saddlebags adapted for motorcycles; automobiles; three-wheeled motor vehicles; electrically-powered self-balancing motor scooters; boxes and saddlebags adapted for bicycles; electric automobiles
Class 037: Vehicle battery charging; charging of electric vehicles; repair and maintenance of land vehicles; repair and maintenance of electric vehicles; repair or maintenance of two-wheeled motor vehicles; battery charging services for motor vehicles; vehicle breakdown repair services; vehicle service stations for refueling and maintenance; installation, replacement and repair of locks; retreading of tires; burglar alarm installation and repair; repair or maintenance of power distribution or control machines and apparatus
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.
Missing the response deadline to this letter will cause the application to abandon. A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period. TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.
Responses signed by an unauthorized party are not accepted and can cause the application to abandon. As explained above in the representation requirement, applicant must be represented by a U.S.-licensed attorney at the USPTO to respond to or appeal the provisional refusal. 37 C.F.R. §§2.11(a), 11.14.
How to respond. Click to file a response to this nonfinal Office action
If needed, find contact information for the supervisor of the office or unit listed in the signature block.
· /John LaMont/
· Examining Attorney
· Law Office 123
· (571) 270-0404
· john.lamont@uspto.gov