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. 79293436
Mark: MIDEA
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Correspondence Address: |
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Applicant: Midea Group Co., Ltd.
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Reference/Docket No. N/A
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
International Registration No. 1549903
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).
The assigned examining attorney has reviewed the referenced application and determined the following.
SEARCH RESULTS
The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02. However, before the mark can be published, the applicant must address the following.
IDENTIFICATION OF GOODS IN CLASS 7
The highlighted wording “Disintegrators; wringing machines for laundry; industrial robots; automatic handling machines, automatic, namely, manipulators; starters for motors and engines; dynamos; generators of electricity; dynamo belts; motors, other than for land vehicles; engines, other than for land vehicles; compressors for machines; turbocompressors; compressors for refrigerators; compressed air machines; pumps for machines; faucets as parts of machines, engines or motors; vacuum cleaners; machines and apparatus for cleaning, electric; electric sweepers; steam mops; cleaning appliances utilizing steam; dust removing installations for cleaning purposes; garbage disposal units; curtain drawing devices, electrically operated; agricultural machines; printing presses; machines for the textile industry; mixing machines; agitators; churns; mills for machines; butter machines; food preparation machines, electromechanical; beverage preparation machines, electromechanical; dishwashers; fruit presses, electric, for household purposes; blenders, electric, for household purposes; kitchen machines, electric; beaters, electric; food processors, electric; coffee grinders, other than hand-operated; washing machines for laundry; cigarette machines for industrial purposes; leather-working machines; ironing machines; rotary steam presses, portable, for fabrics; bicycle assembling machines; engraving machines; cord making machines; wrapping machines, machines for processing plastics; glass-working machines; electromechanical machines for chemical industry; rinsing machines; rolling mills; drilling rigs, floating or non-floating; hoists; stamping machines; metalworking machines; steam engines; carburetters; hydraulic turbines; hand-held tools, other than hand-operated; pressure regulators as parts of machines; welding machines, electric” in the identification of goods is indefinite and must be clarified to indicate the specific nature of the goods. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Applicant may substitute the following wording, if accurate: “Disintegrators for chemical processing; wringing machines for laundry; industrial robots; automatic handling machines, namely, manipulators for forging presses and for forging machines; starters for motors and engines; dynamos; generators of electricity; dynamo belts; motors, other than for land vehicles; engines, other than for land vehicles; compressors for machines; turbocompressors; compressors for refrigerators; compressed air machines; pumps for machines; faucets as parts of machines, engines or motors; vacuum cleaners; electric steam cleaning machines; electric sweepers; steam mops; cleaning appliances utilizing steam; dust removing installations for cleaning purposes; garbage disposal units; curtain drawing devices, electrically operated; agricultural machines, namely, (indicate specific implements, such as cultivators, harvestors, disk harrows); printing presses; printing machines for the textile industry; mixing machines; agitators for chemical processing; churns; mills for machines; butter machines; electromechanical food preparation machines for tumblers for marinating food; beverage preparation machines, electromechanical; dishwashers; fruit presses, electric, for household purposes; blenders, electric, for household purposes; kitchen machines, electric; electric food beaters; food processors, electric; coffee grinders, other than hand-operated; washing machines for laundry; cigarette machines for industrial purposes; leather-working machines; electric soldering irons; rotary steam presses, portable, for fabrics; bicycle assembling machines; engraving machines; cord making machines; wrapping machines, machines for processing plastics; glass-working machines; electromechanical machines for chemical industry, namely, marking machines; rinsing machines for clothes; rolling mills; drilling rigs, floating or non-floating; hoists; automatic stamping machines; metalworking machine tools; steam engines; carburetters; hydraulic turbines; hand-held tools, other than hand-operated; pressure regulators as parts of machines; welding machines, electric.”
IDENTIFICATION OF GOODS IN CLASS 9
Applicant may substitute the following wording, if accurate: “Downloadable application software for mobile phones for (specify the purpose or function of the software and its content or field of use, if content- or field- specific); data processing apparatus; recorded computer programs for (specify the purpose or function of the software and its content or field of use, if content- or field- specific); couplers for data processing equipment; monitors in the nature of computer programs; humanoid robots with artificial intelligence; personal digital assistants [PDAs]; blank USB flash drives; mouse pads; cases for smartphones; tablet computers; encoded key cards; sleeves for laptops; scales; weighing apparatus and instruments; electro-dynamic apparatus for the remote control of signals; transponders; smartphones; modems; virtual reality headsets; security surveillance robots; monitoring apparatus, other than for medical purposes in the nature of cameras; portable media players; video baby monitors; electronic book readers; cabinets for loudspeakers; surveying instruments; air analysis apparatus; food analysis apparatus; smoke detectors; temperature indicators; thermostats; components for electrical mains in the nature of wires and cables; semi-conductors; switches, electric; control panels for electricity; electric plugs; connectors for electricity; chips, namely, integrated circuits; integrated circuits; electronic key fobs being remote control apparatus; remote control apparatus namely, remote controls for camera; electronic numeric displays; downloadable computer software applications for (specify the purpose or function of the software and its content or field of use, if content- or field- specific); climate control digital thermostats; alarms; theft prevention installations, electric; locks, electric; electronic access control systems for interlocking doors; smoke detectors; eyeglasses; eyeglass cases; batteries, electric; battery chargers; time recording apparatus; automatic check stamping machines for mail; counterfeit coin detectors; electronic parking lot ticket dispensers; instruments for measuring length; electronic notice boards; cameras for photography; optical lenses; electric installations for the remote control of industrial operations; heat regulating apparatus, namely, thermostats; electrolysers; fire extinguishing apparatus; radiological apparatus for industrial purposes; protection devices in the nature of (indicate the type of devices, e.g. helmets) for personal use against accidents; video disks with recorded animated cartoons; electrified fences; decorative magnets.”
IDENTIFICATION OF GOODS IN CLASS 11
Applicant may substitute the following wording, if accurate: “Lamps; lamp casings; kettles, electric; microwave ovens cooking apparatus, namely, microwave ovens; food steamers, electric; autoclaves, electric, for cooking; pressure cookers, electric; coffee machines, electric; bread-making machines; multicookers; cooking apparatus and installations in the nature of microwave ovens; heating and cooling apparatus for dispensing hot and cold beverages; electric cooking utensils, namely, pressure cooking saucepans; electric rice cookers; ovens for kitchen use; cooking stoves; electric cookware roasters; heated display cabinets; refrigerators; ice machines and apparatus; freezers; cooling appliances and installations in the nature of electric coolers; refrigerating display cabinets; wine cellars, electric; fans for air-conditioning use; air purifying apparatus and machines; air-conditioning installations; electric hair dryers; fabric steamers; laundry driers, electric; drying apparatus and installations; extractor hoods for kitchens; heat pumps; burners for lamps; fireplaces, domestic; dampers, namely, control devices for regulating the flow of heat; heating installations; pipes as parts of sanitary installations; bath installations; heaters for baths; flushing apparatus, namely, flush levers; toilets, namely, water-closets; toilet seats; sanitary apparatus and installations in the nature of toilets; water purifying apparatus and machines; water filtering apparatus; disinfectant apparatus for medical purposes; water purification installations; water sterilisers; oil-scrubbing apparatus; radiators, electric; electric pocket warmers for warming hands; heating apparatus, namely, stoves; gas lighters; electric lamps; lighting apparatus, namely, lighting installations.”
RECITATION OF SERVICES IN CLASS 42
Applicant may substitute the following wording, if accurate: Technological research in the field of (indicate, e.g. medical instruments, video surveillance equipment); mechanical research; research and development of new products for others; industrial design; computer software design; updating of computer software; installation of computer software; conversion of computer programs and data, other than physical conversion; providing search engines for the internet; software as a service [SaaS] for (specify the function of the program, e.g., for use in database management, for use as a spreadsheet, for word processing, and if software in content or field specific, the field of use); platform as a service [PaaS] for (specify the function of the program, e.g., for use in database management, for use as a spreadsheet, for word processing, and if software in content or field specific, the field of use); off-site data backup; cloud computing featuring software for specify the function of the program, e.g., for use in database management, for use as a spreadsheet, for word processing, and if software in content or field specific, the field of use); information technology services provided on an outsourcing basis; computer system analysis; computer software consultancy.
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.
U.S. LICENSED ATTORNEY
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.
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).
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a response to this nonfinal Office action.
/Midge F. Butler/
Trademark Attorney
Law Office 107
571 272 9137
midge.butler@uspto.gov
RESPONSE GUIDANCE