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. 79298201
Mark: GARDENA
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Correspondence Address:
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Applicant: Husqvarna Aktiebolag
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Reference/Docket No. N/A
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
International Registration No. 1560889
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 (see http://www.gov.uspto.report/trademarks-application-process/abandoned-applications for information on abandonment). To confirm the mailing date, go to the USPTO’s Trademark Status and Document Retrieval (TSDR) database at http://tsdr.gov.uspto.report/, 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).
Summary of Issues
Section 2(d) Refusal: Likelihood of Confusion
Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 6191557. Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq. See the attached registration.
Although not all du Pont factors may be relevant, there are generally two key considerations in any likelihood of confusion analysis: (1) the similarities between the compared marks and (2) the relatedness of the compared goods and/or services. See In re i.am.symbolic, llc, 866 F.3d at 1322, 123 USPQ2d at 1747 (quoting Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1164-65, 64 USPQ2d 1375, 1380 (Fed. Cir. 2002)); Federated Foods, Inc. v. Fort Howard Paper Co.,544 F.2d 1098, 1103, 192 USPQ 24, 29 (C.C.P.A. 1976) (“The fundamental inquiry mandated by [Section] 2(d) goes to the cumulative effect of differences in the essential characteristics of the goods [or services] and differences in the marks.”); TMEP §1207.01.
Similarities of the Marks
Marks are compared in their entireties for similarities in appearance, sound, connotation, and commercial impression. Stone Lion Capital Partners, LP v. Lion Capital LLP, 746 F.3d 1317, 1321, 110 USPQ2d 1157, 1160 (Fed. Cir. 2014) (quoting Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee En 1772, 396 F.3d 1369, 1371, 73 USPQ2d 1689, 1691 (Fed. Cir. 2005)); TMEP §1207.01(b)-(b)(v). “Similarity in any one of these elements may be sufficient to find the marks confusingly similar.” In re Inn at St. John’s, LLC, 126 USPQ2d 1742, 1746 (TTAB 2018) (citing In re Davia, 110 USPQ2d 1810, 1812 (TTAB 2014)), aff’d per curiam, 777 F. App’x 516, 2019 BL 343921 (Fed. Cir. 2019); TMEP §1207.01(b).
Applicant seeks registration for GARDENA with a design of a sun. Registrant’s mark is GARDINA. The marks are similar in sound, appearance, and meaning because they are almost identical words. The only difference is a vowel change from I to E in applicant’s mark. This minor alteration fails to alter the overall similar commercial impression of these marks.
Relatedness of the Goods and Services – Classes 06, 07, 08, 11, 12, 19, 20, 21, 25, and 35
In this case, the application/ use(s) broad wording to describe the goods and services identified in the application, which presumably encompasses all goods and/or services of the type described, including registrant’s more narrow identification. See, e.g., In re Solid State Design Inc., 125 USPQ2d 1409, 1412-15 (TTAB 2018); Sw. Mgmt., Inc. v. Ocinomled, Ltd., 115 USPQ2d 1007, 1025 (TTAB 2015).
Registrant’s retail services feature some of the same goods featured in applicant’s identifications. Specifically, registrant’s services feature gardening products, footwear, and clothing, excluding clothing products being heavy-duty and/or designed for physical or manual work. The gardening products encompass all the goods in applicant’s Classes 06, 07, 08, 11, 12, 19, 20, and 21 as well as the retail services in Class 35.
Registrant’s footwear and clothing encompass the goods in applicant’s Class 25. These goods are also included in applicant’s retails services in Class 35.
Because applicant’s identifications are indefinite in the aforementioned classes, it is presumed that these goods are legally identical. See, e.g., In re i.am.symbolic, llc, 127 USPQ2d 1627, 1629 (TTAB 2018) (citing Tuxedo Monopoly, Inc. v. Gen. Mills Fun Grp., Inc., 648 F.2d 1335, 1336, 209 USPQ 986, 988 (C.C.P.A. 1981); Inter IKEA Sys. B.V. v. Akea, LLC, 110 USPQ2d 1734, 1745 (TTAB 2014); Baseball Am. Inc. v. Powerplay Sports Ltd., 71 USPQ2d 1844, 1847 n.9 (TTAB 2004)).
The overriding concern is not only to prevent buyer confusion as to the source of the goods and/or services, but to protect the registrant from adverse commercial impact due to use of a similar mark by a newcomer. See In re Shell Oil Co., 992 F.2d 1204, 1208, 26 USPQ2d 1687, 1690 (Fed. Cir. 1993). Therefore, any doubt regarding a likelihood of confusion determination is resolved in favor of the registrant. TMEP §1207.01(d)(i); see Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1265, 62 USPQ2d 1001, 1003 (Fed. Cir. 2002); In re Hyper Shoppes (Ohio), Inc., 837 F.2d 463, 464-65, 6 USPQ2d 1025, 1026 (Fed. Cir. 1988).
The use of highly similar marks used with identical goods and servcies is likely to cause confusion. As such, registration is refused under Section 2(d).
Varietal Information Request
To permit proper examination of the applied-for mark, applicant must indicate the following:
(1) Whether GARDENA has ever been used or will be used as a varietal or cultivar name; and
(2) Whether GARDENA has ever been used or will be used in connection with a plant patent, utility patent, or certificate for plant-variety protection.
TMEP §1202.12; see 37 C.F.R. §2.61(b).
Varietal or cultivar names are designations used to identify cultivated varieties or subspecies of live plants or agricultural seeds. TMEP §1202.12. They are generic and cannot be registered as trademarks because they are the common descriptive names of plants or seeds by which such varieties are known to the U.S. consumer. Id. Moreover, a consumer “has to have some common descriptive name he can use to indicate that he wants one [particular] variety of apple tree, rose, or whatever, as opposed to another, and it is the varietal name of the strain which naturally and commonly serves this purpose.” In re Pennington Seed, Inc., 466 F.3d 1053, 1057, 80 USPQ2d 1758, 1761 (Fed. Cir. 2006) (quoting In re Hilltop Orchards & Nurseries, Inc., 206 USPQ 1034, 1036 (TTAB 1979)); see In re Delta & Pine Land Co., 26 USPQ2d 1157, 1159 n.4 (TTAB 1993).
Failure to comply with a request for information is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814.
Mark Description
The following description is suggested, if accurate: The mark consists of a stylized sun with curved rays around the circle of the sun and the word GARDENA appearing to the right.
Entity Clarification
Acceptable entity types include an individual, a partnership, a corporation, a joint venture, or the foreign equivalent. See 37 C.F.R. §2.32(a)(3)(i)-(ii); TMEP §§803.03 et seq.
If applicant’s entity type is an individual, applicant must indicate his or her national citizenship for the record. See 37 C.F.R. §2.32(a)(3)(i); TMEP §803.04. If applicant’s entity type is a corporation, association, partnership, joint venture, or the foreign equivalent, applicant must set forth the foreign country under whose laws applicant is organized or incorporated. 37 C.F.R. §2.32(a)(3)(ii); TMEP §§803.03(b)-(c), 803.04. For an association, applicant must also specify whether the association is incorporated or unincorporated, unless the foreign country and the designation or description “association/associazione” appear in Appendix D of the Trademark Manual of Examining Procedure (TMEP). TMEP §803.03(c).
If applicant is organized under the laws of a foreign province or geographical region, applicant should specify both the foreign province or geographical region and the foreign country in which the province or region is located. See TMEP §803.04. To provide this information online via the Trademark Electronic Application System (TEAS) response form, applicant must (1) locate the “Entity Type” heading and select “Other;” (2) locate the “Specify Entity Type” heading and select “Other” under the Foreign Entity option, and enter in the free-text field below both applicant’s entity type and the foreign province or geographical region of its organization (e.g., partnership of Victoria); and (3) locate the “State or Country Where Legally Organized” heading and select the appropriate foreign country (e.g., Australia) under the Non-U.S. Entity option. See id.
Identification of Goods and Services – All Classes Except Class 27
Class 27 is acceptable as written. All the remaining identifications of goods and services include wording which is indefinite and must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. In all classes that include parentheses, applicant must remove the parentheses and incorporate the parenthetical information into the identification. Generally, applicants should not use parentheses and brackets in identifications in their applications so as to avoid confusion with the USPTO’s practice of using parentheses and brackets in registrations to indicate goods and/or services that have been deleted from registrations or in an affidavit of incontestability to indicate goods and/or services not claimed. See TMEP §1402.12. The only exception is that parenthetical information is permitted in identifications in an application if it serves to explain or translate the matter immediately preceding the parenthetical phrase in such a way that it does not affect the clarity or scope of the identification, e.g., “fried tofu pieces (abura-age).” Id.
In Class 01, the wording “fertilizers; adhesives for use in industry; bacterial cultures for wastewater treatment; natural fertilizers; artificial manures; potting soil” is acceptable as written. The remaining wording must be clarified to further specify the exact nature and use of the goods.
In Class 06, the wording “couplings of metal for tubing; fuel cans of metal; couplings and junctions of metal for water fittings and hoses; valves of metal for water pipes; handles and handle mounts of metal; metal hose fittings; hand operated metal garden hose reels; metal landscape edgings; metal hose fittings; hand operated metal garden hose reels; spring retracted metal hose reels; rain barrels of metal; guttering of metal for the collection of rain-water; rainwater hoppers of metal; rainwater reservoirs of metal; metal landscape edgings; metal greenhouses; wind-driven bird-repelling devices made of metal; fences of metal; pallet racks of metal” is acceptable as written. The remaining wording must be clarified to further specify the exact nature and use of the goods.
In Class 07, the wording “roller chains being parts of machines; saw chains; weeding machines; chainsaws; power saws; portable saw mills; chains and bars for chainsaws; scissors, electric; robotic lawnmowers; lawn mowers; walk behind lawn mowers; zero turn lawn mowers; commercial front mowers; power operated dethatchers; power operated cultivators; power operated lawn edgers; electric lawn trimmers; lawn and garden string trimmer spools; vacuum cleaners; snow throwers; dust filters for vacuum cleaners” is acceptable as written. The remaining wording must be clarified to further specify the exact nature and use of the goods.
In Class 08, the wording “scissors; gardening scissors; pruning scissors; secateurs; top scissors; snow shovels; shears; snow shovels; swords; axes; rakes; tool belts; hand operated collectors for fruit, leaves and garden waste; pickaxes; spades” is acceptable as written. The remaining wording must be clarified to further specify the exact nature and use of the goods.
In Class 09, the wording “Electrical switch timers; electronic motion sensitive switches; fuses; electric connectors; electrical power extension cords; electrical controls for irrigation sprinkler systems; sound recording apparatus; sound recordings; downloadable sound recordings; batteries; batteries, electric; rechargeable batteries; battery chargers; electronic docking stations; charging stations for electric vehicles; power cables; couplings, electric; electrical adapters; electrical circuits and circuit boards; galvanic batteries; chargers for electric batteries; photovoltaic cells; accumulators; clothing for protection against accidents, irradiation and fire; safety gloves for protection against accident or injury; gloves for protection against accidents; gloves for protection against accidents, irradiation and fire; jackets for protection against accidents, irradiation and fire; trousers for protection against accidents, irradiation and fire; socks for protection against accidents, irradiation and fire; headgear being protective helmets; knee pads for workers; visors for helmets; spectacles; sunglasses; safety harnesses, other than for vehicles or sports purposes; electrical switch timers; switches, electric; cables, electric; connections for electric lines; electrical circuit boards; electric control panels; electric fuse boxes; ethernet repeaters; GPS transmitters; GPS receivers; GPS communication devices for robotic lawn mowers; electric sensors; motion sensors; receivers of electronic signals; radio-frequency identification (RFID) tags; radio-frequency identification (RFID) readers; receivers of electronic signals; wireless controllers to remotely monitor and control the function and status of other electrical, electronic and mechanical devices or systems; pressure measuring apparatus” is acceptable as written. The remaining wording must be clarified to further specify the exact nature and use of the goods. The goods identified as software or programs must specify that the software or programs are downloadable and then indicate the function and use of the programs.
In Class 11, the wording “lighting installations; lamps; incandescent light bulbs; filters for industrial and household use, namely, air filters, water filters, filters for faucets, filters for ponds; dust filters for air condition units; showers; irrigation spray nozzles; headlights for electric lawn mowers; gas grills; electric grills; solar lamps; solar powered lamps; led lamps; fireplaces” is acceptable as written. The remaining wording must be clarified to further specify the exact nature and use of the goods.
In Class 12, the wording “tractors; two-, and four wheeled motorcycles; four wheel all-terrain vehicles; bicycles and parts therefore, namely, frames, brakes, chains, pumps, saddles; alarms for vehicles; anti-theft alarms for vehicles; wheel barrows human-powered trolleys and carts” is acceptable as written. The remaining wording must be clarified to further specify the exact nature and use of the goods.
In Class 16, the wording “log books; calendars; coupon books; printed calendars; printed coupons; paper bags; bags of plastics for lining refuse bins; garbage bags of paper or of plastics; food waste bags of paper for household use; hygienic hand towels of paper; coasters of cardboard; coasters of paper; napkin paper; tablecloths of paper; table napkins of paper; place mats of paper; bags for packaging made of biodegradable plastic; bags for packaging made of biodegradable paper” is acceptable as written. The remaining goods must be clarified to indicate the nature of the publications and the nature of the remaining goods.
In Class 17, the wording “flexible plumbing pipes of plastic; plastic plumbing hoses; fibreglass webs for insulating purposes; watering hose; fittings for pipes and hoses, mainly not of metal; valves of rubber; garden hoses; irrigation hoses; hoses of textile material; flexible hoses, not of metal; expandable watering hoses; non-metal couplings for use with hoses” is acceptable as written. The remaining wording must be clarified to further specify the exact nature and use of the goods.
In Class 19, the wording “lime building materials; sand; stones; posts, not of metal; modular greenhouses not of metal; roof coverings, not of metal; poles of non-metallic materials; plastic fences;” is acceptable as written. The remaining wording must be clarified to further specify the exact nature and use of the goods.
In Class 20, the wording “hose hangers not of metal; cushions; lounge furniture; pedestals; crates and pallets, non-metallic; birdhouses; storage racks for firewood; nesting boxes for animals; nesting boxes for insects; plant stands” is acceptable as written. The remaining wording must be clarified to further specify the exact nature and use of the goods.
In Class 21, the wording “garden syringes; plant syringes; watering cans; brooms; plant baskets; gloves for household purposes; gardening gloves; nozzles for waterhose; dusters; lawn sprinklers; sprinklers for watering, flowers and plants; buckets; bird feeders; garden gnomes of glass; garden gnomes of porcelain; garden gnomes of earthenware; window boxes; pots; traps for rodents; traps for vermin; empty spray bottles; bowls” is acceptable as written. The remaining wording must be clarified to further specify the exact nature and use of the goods.
In Class 25, the wording “headwear; footwear; men's and women's jackets, coats, trousers, vests; pants; trousers; capri trousers; socks; underwear; t-shirts; vests; fleece jackets; fleece shorts; fleece bottoms; gloves; ponchos; rain ponchos; rainproof jackets; rain trousers; rain boots; shoes; leisure shoes;” is acceptable as written. The remaining wording must be clarified to further specify the article of clothing.
In Class 28, the wording “toy models; Christmas tree stands for outdoor use; Christmas tree stands;” is acceptable as written. The remaining wording must be clarified to further specify the exact nature and use of the goods.
In Class 28, the wording “Seeds, bulbs and seedlings for plant breeding; natural plants and flowers; natural turf; natural turf for roof covering; natural seeds; crop seeds” is acceptable as written. The remaining wording must be clarified to further specify the exact nature of the goods. Additionally, the entry “seeds, bulbs and seedlings for plant breeding” is duplicated in the identification and one entry must be deleted.
In Class 35, the wording “Advertising; window dressing and display arrangement services; business consultancy and advisory services relating to dealerships” is acceptable as written. The remaining wording must be clarified to further clarify the services and their intended use.
In Class 37, the wording “installation, maintenance and repair of roofs” is acceptable as written. The remaining wording must be clarified to further clarify the services and their intended use.
In Class 41, the wording “book publishing” is acceptable as written. The remaining wording must be clarified. Applicant must specify the intended use of the services, such as educational, and clarify how the services are provided.
In Class 44, the wording “horticulture, gardening and landscaping; tree planting; rental of lawnmowers; insect farming services; weed control; laying of turf; planting of flora; garden maintenance; advisory, consulting and information services relating to all the aforesaid services” is acceptable as written. The remaining wording must be clarified to further clarify the services and their intended use.
Applicant may adopt the following identification, if accurate (changes in bold):
Class 01: Growing media for plants, fertilizers and chemicals for use in agriculture, horticulture and forestry except fungicides, herbicides, insecticides and parasiticides; chemicals for use in water treatment; chemical preparations and mineral substances in the nature of filtering materials in {indicate nature of filtering process or industry}; adhesives for use in industry; bacterial cultures for wastewater treatment; brickwork and masonry preservatives, except paints and oils; preservatives for masonry buildings, except paints and oils; natural fertilizers; artificial manures; potting soil
Class 06: Metal hardware, namely, nuts and washers; rain gutters of metal; anchoring devices of metal, namely, anchoring screws; couplings of metal for tubing; fuel cans of metal; couplings and junctions of metal for water fittings and hoses; valves of metal for water pipes; handles and handle mounts of metal; posts of metal; metal poles; steel poles; hand operated reels of metal for storing cables; metal hose fittings; hand operated metal garden hose reels; spring retracted metal hose reels; rain barrels of metal; guttering of metal for the collection of rain-water; rainwater hoppers of metal; rainwater reservoirs of metal; metal landscape edgings; horticultural frames cold frames made of metal; metal greenhouses; wind-driven bird-repelling devices made of metal; fences of metal; pallet racks of metal; rubbish containers and bins of metal
Class 07: Machines, namely, power-operated wood saws, power-operated concrete saws, chain saws, power-operated clearing saws, power-operated pole saws; machine tools, namely, electrical saw mills, blades for power-operated saws, saw blades for power saws; trimming machines, namely, power-operated lawn and garden string trimmers; brush cutters, namely, power-operated grass, weed and brush trimmer; power-operated hedge trimmers; Tractor towed agricultural implements, namely, lawn rakes; DC generator; roller chains being parts of machines; saw chains; electric motors, motor parts and engines for outdoor power equipment; Machines and machine tools for the cutting and forming of materials; cutting, drilling, sharpening machines; industrial surface treatment equipment, namely, vacuum plasma treatment systems comprised of a high frequency, high voltage generator, controls, and treatment chamber and structural parts therefor; leaf chopping machines; electric pumps for use in machines; carpet cleaning machines; fuel and oil filters; electric tillers; power operated tools, namely, grinders; power operated reels for flexible garden hoses; agricultural seed planting machines, namely sowers; weeding machines; circular saws; chainsaws; power saws; hand saws, electrically operated; portable saw mills; saw benches being parts of machines; saw blades being parts of machines; bush and hedge trimming machines; table saws; electric hedge cutters and trimmers; electric hedge clippers; chains and bars for chainsaws; fitted chain saw bar covers; electric brush cutters; scissors, electric; mechanical lawnmowers; robotic lawnmowers; lawn mowing attachments for vehicles, namely, fertilizer spreader; lawn mowers; walk behind lawn mowers; zero turn lawn mowers; commercial front mowers; seated ride on lawn mowers; tractor towed mowers for mowing lawns; lawn aerators being machines; power operated dethatchers; power operated cultivators; power operated lawn edgers; agricultural attachments for ride on lawn mowers, mowing garden tractors and zero turn lawn mowers, namely, dozer blades, front scoops, brush guards, lawn mower covers, seat covers, loading ramps, canopies; agricultural attachments for robotic lawn mowers, namely, replacement bodies, heavy front and rear wheels, wheel brushes; bearing housings for machines being lawn mowers; mounting hangers adapted for exhaust systems for lawn mowers and robotic lawn mowers; machine parts namely, bearing housings for machines; electric lawn trimmers; electric grass shears for hedges; electric line trimmers for garden use; trimmer heads for mowing machines; lawn and garden string trimmer spools; rotary trimming lines for mowing machines; electric lawn trimming machines for gardening, parks, and forestry use and replacement parts and fittings therefore; lawn and garden electric string trimmers; grass trimmer string for electric lawn trimmers and edgers; power operated blowing machines; power operated garden vacuums and collectors for lawn debris; vacuum cleaners; snow throwers; power ice augers used for ice ponds; electric high pressure washers; air suction machines for scavenging purposes; air suction machines for industrial purposes; machines for cleaning surfaces using high pressure water; power operated backpack sprayers for garden use in spraying weedkillers; power operated sprayers for garden use in spraying insecticide; power operated sprinkling sprayer for garden use; pressure regulators being parts of machines; powered loading ramps; electric lawn clippers; electric shears; dust filters for vacuum cleaners; replacement parts and components to the aforementioned goods
Class 08: hand operated agricultural, gardening and landscaping tools, namely, trowels, weeding forks, spades, hoes}; hand operated garden shears; hand tools and implements, namely, hammers and wrenches; hand operated lawn edgers; scissors; gardening scissors; hand operated lawn clippers; hand-operated shears; hand-operated loppers; pruning scissors; secateurs; hand-operated tree pruners; top scissors; hand tools, namely, tongs to pick up burning logs and previously burnt logs; hand tools, namely, shovels; Hand-operated scrapers and snow brushes for removing ice from vehicle windows; snow shovels; hand-operated pond maintenance and cleaning apparatus, namely, bladed tools for cleaning; shears; blades for manually operated tools; hand tools, namely, saws; swords; axes; rakes; hand operated moss aerators; tool belts; hand operated collectors for fruit, leaves and garden waste; hand operated wire brushes; hand operated fertilizer spreaders; hand operated sprayers worn on back for spraying fertilizer; hand operated sprayers for garden use in spraying weedkillers; hand operated garden syringes for spraying insecticides; hand-pumped sprayers for fertilizers; hand operated fruit pickers; budding knives; hand operated garden hoes; pickaxes; spades; gardening hand tools, namely, forks; replacement parts and components to the aforementioned goods
Class 09: Electrical switch timers; electronic motion sensitive switches; electronic wireless switches; electronic optical switches; fuses; electricity transformers; electrical current plugs; electric connectors; electrical power extension cords; electromagnetic switches, namely, solenoid valves; wireless chargers; electrical controls for irrigation sprinkler systems; photovoltaic solar modules for generating electricity; downloadable software, firmware, and computer programs for {indicate function} for use in {indicate field of use}; sound recording apparatus; display devices, namely, television receivers and film and video players; audio/visual and photographic devices, namely, cameras and DVD players; remote controls for televisions; televisions; prerecorded magnetic data carriers featuring {indicate subject matter}; downloadable application software; downloadable mobile application software for {indicate function} for use in {indicate field of use}; prerecorded video films featuring {indicate subject matter}; downloadable movies featuring {indicate subject matter}; sound recordings; downloadable sound recordings; downloadable computer programs for {indicate function} for use by plant libraries; downloadable mobile applications for {indicate function} for use by plant libraries; downloadable computer programs for data management in the field of advice online regarding gardening, garden care, care of plants; downloadable mobile applications for data management in the field of advice online regarding gardening, garden care, care of plants; downloadable scheduling software for use by {indicate field of use}; batteries; batteries, electric; rechargeable batteries; battery chargers; electronic docking stations; charging stations for electric vehicles; power cables; Electrical cables for use as connections for electric cables; electrical plugs, sockets and contact plugs; couplings, electric; electrical adapters; electrical circuits and circuit boards; electric junction boxes; electrical control panels; electric fuse boxes; galvanic batteries; chargers for electric batteries; photovoltaic cells; accumulators; accumulators boxes; clothes for protection against injury, namely, safety vests; clothing for protection against accidents, irradiation and fire; safety gloves for protection against accident or injury; gloves for protection against accidents; gloves for protection against accidents, irradiation and fire; jackets for protection against accidents, irradiation and fire; trousers for protection against accidents, irradiation and fire; socks for protection against accidents, irradiation and fire; protective footwear for protection against accident or injury; protective footwear for protection against accidents, irradiation and fire; protective footwear, namely, boots and shoes for prevention of accident or injury; Protective head guards for industrial purposes; headgear being protective helmets; knee pads for workers; Personal protective equipment (PPE), namely, safety goggles; visors for helmets; spectacles; sunglasses; safety goggles; safety harnesses, other than for vehicles or sports purposes; safety nets other than for vehicle seats and sports equipment; measuring tapes; signaling whistles; measuring, counting, alignment and calibrating instruments, namely, tape rulers, level indicators, and industrial calibration sensors; voltage regulators and controllers; electric conductors and electric switches; Voltage regulators for electric power; measuring apparatus, namely, rain gauges and electronic rain gauges; electrical switch timers; switches, electric; cables, electric; connections for electric lines; electrical connection boards; electrical circuit boards; control panels for controlling electricity; apparatus and instruments for controlling the distribution of electricity, namely, power distribution panels; electric control panels; electric fuse boxes; repeaters for radio and television stations repeaters; ethernet repeaters; intelligent gateway routers in the nature of computer control hardware; signal amplifiers; GPS transmitters; GPS receivers; GPS communication devices for robotic lawn mowers; Electrical controls for irrigation sprinkler systems; electrical controls for irrigation sprinkler system electronic tracking apparatus and instruments; Automatic solar tracking sensors; electric sensors; motion sensors; electric sensors for detecting light and dew; electric occupancy motion sensors; radio-frequency identification (RFID) tags; radio-frequency identification (RFID) readers; electronic tags for goods; receivers of electronic signals; wireless controllers to remotely monitor and control the function and status of other electrical, electronic and mechanical devices or systems; electronic data loggers and recorders; cameras; Wireless communication devices for voice, data or image transmission; alarms and warning equipment, namely, fire alarms; anti-theft warning alarms; remote anti-theft alarms other than anti-theft for vehicles; downloadable electronic publications, namely, instruction manuals, teaching books, and user guides in the field of {indicate subject matter}; measuring instruments, namely, lasers; pressure measuring apparatus, namely, pressure regulator; cable splices for electric cables; replacement parts and components to the aforementioned goods
Class 11: Flexible pipes being parts of sink plumbing installations; automatic irrigation sprinklers for horticultural purposes; sprinkler systems for horticultural irrigation; automatic lawn sprinklers; lighting installations; lamps; incandescent light bulbs; decorative water fountains, sprinkler and garden irrigation systems; floor water fountains; filters for industrial and household use, namely, air filters, water filters, filters for faucets, filters for ponds; water conditioning units; dust filters for air-conditioning units; Electrostatic water treatment apparatus; Lawn sprinkler systems comprising pumps, valves and filters; Plumbing fixtures, namely, shower sprayers; drip irrigation sprinklers; irrigation spray nozzles; lighting fixtures; lighting lanterns for gardens, including for use in ponds; hot water pressure tanks; water control valves for faucets; Plumbing fittings, namely, shower control valves; taps being faucets; irrigation sprinkler systems; headlights for vehicles; headlights for electric lawn mowers; automatic garden sprinkler systems; gas grills; electric grills; electric cookware, namely, gas fired broilers; solar powered all weather lights; solar lamps; solar powered lamps; led lamps; Butane torches for cooking; fireplaces; replacement parts and components to the aforementioned goods
Class 12: garden hose carts; tractors; garden tractors and replacement parts and fittings therefor; attachments for garden tractors, namely, dump carts, dozer blades, front scoops, brush guards, garden tractor covers, seat covers, canopies; two-, and four wheeled motorcycles; four wheel all-terrain vehicles, utility terrain vehicles; bicycles and parts therefore, namely, frames, brakes, chains, pumps, saddles; burglar alarms for vehicles; anti-theft alarms for vehicles; remote burglar alarms for land vehicles; wheel barrows; human-powered trolleys and carts; sleighs for transportation; replacement parts and components to the aforementioned goods
Class 16: Printed matter and publications, namely, manuals, instructional and teaching books featuring {indicate subject matter}; log books; calendars; printed catalogues in the field of {indicate subject matter}; coupon books; printed informational sheets featuring {indicate subject matter}; printed manuals for instructional purposes in the field of {indicate subject matter}; Printed magazines in the field of {indicate subject matter}; Printed newsletters in the field of {indicate subject matter}; printed calendars; printed coupons; paper bags; bags of plastics for lining refuse bins; garbage bags of paper or of plastics; food waste bags of paper for household use; hygienic hand towels of paper; coasters of cardboard; coasters of paper; kitchen paper towel rolls; napkin paper; tablecloths of paper; table napkins of paper; place mats of paper; printed manuals in the field of {indicate subject matter}; bags for packaging made of biodegradable plastic; bags for packaging made of biodegradable paper; books in the field of {indicate subject matter};
Class 17: Flexible plumbing pipes of plastic; plastic plumbing hoses; pipe joint sealant; connectors for hoses for vehicle radiators; clutch and brake linings, partly processed; Semi-processed plastic in sheet form; Synthetic padding and stuffing materials, namely, plastic waddings; fibreglass webs for insulating purposes; watering hose; couplings pieces and connectors, mainly not of metal, for connecting garden hoses to watering apparatus; fittings for pipes and hoses, mainly not of metal; valves of rubber; rings of rubber for use as pipe connection seals; rubber flexible pipes, tubes, hoses and fittings therefor for use with garden hoses; garden hoses; irrigation hoses; hoses of textile material; flexible hoses, not of metal; expandable watering hoses; non-metal couplings for use with hoses; rubber hose connectors and hose fittings
Class 19: Gypsum for use as building materials; lime building materials; erosion control mats for construction use; non-metal ponds for use in gardens; Agricultural nets for erosion control; ornaments made of stone for garden ponds; ornaments made of marble for garden ponds; rain gutter parts not of metal being rainwater hoppers; nonmetal guttering for the collection of waste water; nonmetal rainwater reservoirs for collecting rainwater; nonmetal rainwater traps and covers for collecting rainwater; erosion control slope mats of textile; sand; stones; nonmetal plant espaliers; nonmetal flagpoles not being structures; posts, not of metal; poles of non-metallic materials; plastic fences; erosion control fabric; modular greenhouses not of metal; roof coverings, not of metal
Class 20: Hose hangers not of metal; nonmetal wall mounted hose racks; Reels, not of metal, non-mechanical, for flexible hoses; Hand-operated non-metal garden hose reels; Valves of plastic being other than machine part; Plastic clips for attachment to tubing; statues and figurines being works of art made of wood, wax, plaster or plastic; wood handles for hand-operated agricultural implements and garden equipment; Shower grab bars not of metal; door and cabinet handles and handle mounts of wood and plastic; nonmetal cable clips; nonmetal cable ties; furniture, namely, foot support stands; nonmetal furniture supports in the nature of coasters; cushions; trolleys for hose winches in the nature of Hand-operated non-metal garden hose reels; Containers, not of metal, for liquid fuel; nonmetal rain barrels for collecting water; nonmetal ladders and movable step ladder; baskets for transporting goods for commercial purposes, non-metallic; lounge furniture; pedestals; crates and pallets, non-metallic; plastic containers for commercial use to transport compost; birdhouses; storage racks for firewood; nesting boxes for animals; nesting boxes for insects; Containers for transport, not of metal in the form of bins; bird housing and beds for household pets; plant stands; Kneeling pads for household and garden use; Kneeling cushions for household and garden use
Class 21: Garden syringes; plant syringes; watering cans; hand operated cleaning instruments, namely, sponges, rags, and brushes; brooms; hand-held sweeping tools, namely, rough brooms; hand-operated watering apparatus including nozzles, namely, watering cans; Strainers for household purposes; plant baskets; Garden figurines comprised of terra cotta, namely, animal figures, reproductions of plants, mythical creatures, regular geometric bodies all being garden pond accessories; pre-formed plastic figurines being reproductions of rocks; gloves for household purposes; gardening gloves; nozzles for watering hose; terra cotta porcelain, and glass statues, figurines, plaques and works of art for use in gardens; dusting cloths; dusters; skillets, non-electric; lawn sprinklers; sprinklers for watering, flowers and plants; buckets; bird feeders; garden gnomes of glass; garden gnomes of porcelain; garden gnomes of earthenware; window-boxes; pots; traps for rodents; traps for vermin; Bird baths being bowls for birds to bathe in; empty spray bottles; flowers and plant pots; bowls; plant holders and containers for flowers being pots; dust bins; Terrariums for insects; insect traps; wood planters for domestic gardening
Class 25: Clothing, namely, t-shirts and tops; headgear, namely, caps; headwear; footwear; men's and women's jackets, coats, trousers, vests; pants; trousers; capri trousers; jackets; socks; underwear; t-shirts; vests; fleece tops; fleece jackets; fleece shorts; bottoms; fleece bottoms; gloves; ponchos; rain ponchos; rainproof jackets; rain trousers; rain boots; shoes; leisure shoes; aprons
Class 28: Toys, games, playthings and novelties, namely, board games and plush toys; sporting articles and equipment, namely, basketball and basketball hoops; electronic dart games; toy models; scale model kits; Christmas tree stands for outdoor use; Christmas tree stands; sandbox toys; snow bob sleighs
Class 31: Seeds, bulbs and seedlings for plant
breeding; unprocessed horticultural products, namely, vegetables; raw horticultural products, namely, vegetables; natural plants and flowers; natural turf; natural turf for roof
covering; natural seeds; crop seeds; seeds, bulbs and seedlings for plant breeding; bulbs for planting flowers
Class 35: Advertising; window dressing and display arrangement services; business consultancy and advisory services relating to dealerships; retail store services featuring equipment, implements, machines, clothing, tools and accessories for gardening and horticulture maintenance in parks and public garden areas; compilation of business directories for publishing on global computer networks or the Internet
Class 37: Installation, maintenance and repair of equipment, implements, machines, apparatus, tools and accessories for gardening and horticulture maintenance in parks and public garden areas; installation, maintenance and repair of roofs
Class 41: Conducting educational courses, seminars and workshops in the field of gardening, horticulture, park management and public garden areas; organisation of educational conferences, exhibitions and competitions in the field of gardening, horticulture, park management and public garden areas; training and educational services, namely, providing classes in the field of gardening, horticulture, park management and public garden areas; training and educational services, namely, providing classes and seminars in the field of construction works relating to gardening, horticulture, park management and public garden areas; training and educational services, namely, providing classes in the field of learning to use tools, machines, implements and components for gardening, horticulture and park management; online training and online education classes in the field of gardening, horticulture, park management and public garden areas; online training and online educational seminars in the field of construction works related to gardening, horticulture, park management and public garden areas; online training and online educational classes in the field of using tools, machines, implements and components for gardening, horticulture and park management and public garden areas; Entertainment services in the nature of organizing social entertainment events; organizing community cultural and sporting events; fan club services; publishing of books
Class 44: Gardening and horticulture services provided to park management and public garden area services; horticulture, gardening and landscaping; tree planting; rental of lawnmowers; rental of tools, machines, gardening implements and accessories all for use in gardening, and horticulture services provided to park management and public garden areas; insect farming services; weed control; gardening services in the nature of maintain rooftop gardens; laying of turf; planting of flora; garden maintenance; advisory, consulting and information services relating to all the aforesaid services
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.
Response Guidelines
Email address required. Applicant must provide applicant’s email address, which is a requirement for a complete application. See 37 C.F.R. §2.32(a)(2); Mandatory Electronic Filing & Specimen Requirements, Examination Guide 1-20, at III.A. (Rev. Feb. 2020). Applicant’s email address cannot be identical to the listed primary correspondence email address of any attorney retained to represent applicant in this application. See Examination Guide 1-20, at III.A.
Applicant must be represented by a U.S.-licensed attorney 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 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 at http://www.gov.uspto.report/trademarks-getting-started/why-hire-private-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.
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 at http://teas.gov.uspto.report/wna/ccr/car. The newly-appointed attorney must submit a TEAS Response to Examining Attorney Office Action form at http://teas.gov.uspto.report/office/roa/ 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 term “TMEP” refers to the USPTO’s Trademark Manual of Examining Procedure, a manual written by USPTO trademark attorneys that explains the laws and procedures applicable to the trademark application, registration, and post-registration processes. The USPTO updates the TMEP periodically to reflect changes in law, policy, and procedure.
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.
Please note that informal email communication with the Office is not confidential and will be made part of the public record. TMEP §709.04.
· To check the status of an application/registration, please visit http://tsdr.gov.uspto.report/
· For online forms and responses, please visit http://www.gov.uspto.report/trademarks-application-process/filing-online
· Set up your own USPTO account at http://my.uspto.gov and have access to shortcuts and tools
How to respond. Click to file a response to this nonfinal Office action.
/Dannean J Hetzel/
Examining Attorney
Law Office 106
dannean.hetzel@uspto.gov
571-272-8858
RESPONSE GUIDANCE