United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 79306491
Mark: HMOS
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Correspondence Address: |
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Applicant: HUAWEI TECHNOLOGIES CO., LTD.
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Reference/Docket No. N/A
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
International Registration No. 1580777
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).
SEARCH OF USPTO DATABASE OF MARKS
SUMMARY OF ISSUES:
AMENDMENT TO IDENTFICATION OF GOODS AND SERVICES REQUIRED
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 services.
Applicant may substitute the following wording, if accurate (changes indicated in bold and strikethrough):
Class 7: Electric juicers; mixing machines; electric noodle making machines; kitchen machines, electric, namely,
electric standing mixers; electric coffee grinders; coffee grinders, other than hand-operated; whisks, electric, for household purposes; fruit presses, electric, for household purposes;
dishwashers for household purposes; rechargeable sweepers; electric steam mops; vacuum cleaners for household purposes; electric cordless sweepers; cordless vacuum cleaners; washing machines
for clothes (laundry); dynamos; starters for motors and engines
Class 9: Notebook computers; laptop computers; downloadable computer operating system software; wearable computers in the nature of
smartwatches; computers; computer programs (downloadable software); computer memories; computer hardware; computer central processing units (processors); humanoid robots with artificial
intelligence; computer game software applications, downloadable; tablet computers; data processing apparatus; downloadable mobile phone game software
applications; graphic accelerators; computer game software platforms, recorded or downloadable; computer operating programs, recorded; computer game
programs, recorded; smart rings; smartwatches; smartglasses; central processing units (processors); human face recognition devices being computer hardware; scales; wearable
activity trackers; video telephones; telecommunication apparatus in the form of jewellery, namely, smartwatches; navigation apparatus for vehicles [on-board computers];
smartphones; wearable video display monitors; television apparatus for projection purposes; television cameras; earphones; set-top boxes; camcorders; virtual reality headsets;
loudspeakers; cameras (photography)
Class 11: LED (light-emitting diodes) lamps; light bulbs; electric lamps; ceiling lights; book lights; desk lamps; electric
night lights; kitchen ranges [ovens]; soya milk making machines, electric; cooking utensils, electric, namely, electric skillets; Electromagnetic induction
cookers; Electromagnetic induction cookers for household purposes; electric egg boilers; electric pressure cookers; electric rice gas
cookers; coffee machines, electric; electric cooktops; kettles, electric; deep fryers, electric; cookers; air fryers; bakers' ovens; autoclaves, electric, for cooking; gas burners; microwave ovens
(cooking apparatus); hair dryers; extractor hoods for kitchens; laundry dryers, electric; electric fans [air-conditioning]; electric fans for personal use; USB-powered
humidifiers for household purposes; dehumidifiers for household purposes; humidifiers for household purposes; air purifiers for household purposes; air conditioning apparatus; air purifiers; air
humidifying apparatus; toilets [water-closets]; toilet seats; solar collectors [heating]; solar water heaters; water heaters for washing (gas or electric heating); bath lamps for
heating; steam facial apparatus [saunas]; toilet bowls; ultrasonic sterilizers for household purposes; electric bath water purification installations for household purposes; electric water purifiers for household purposes; water faucets filters for household purposes; shoe sterilizers for household purposes; water purification installations; water softening
apparatus and installations; disinfectant apparatus for disinfecting water; drinking fountain
Class 12: Self-balancing electric unicycles; self-balancing electric bicycles; push scooters (vehicles); self-balancing scooters; bicycles;
pushchairs; safety seats for children, for vehicles; anti-theft alarms for vehicles; upholstery for vehicles; fitted seat covers for vehicles; remote control land vehicles, other than toys; cars
Class 35: Online advertising on a computer network; presentation of goods on communication media, for retail purposes, namely, Providing
television home shopping services in the field of general consumer merchandise; business information services; business management assistance; goods import-export agency services; marketing
services; sales promotion for others; provision of an online marketplace for buyers and sellers of goods and services; updating and maintenance of data in computer databases;
rental of vending machines; retail store services featuring for pharmaceutical, veterinary and sanitary preparations and medical supplies
Class 42: Telecommunications technology consultancy; quality control for others; quality inspection, namely, inspection of smartphones for quality control purposes; quality system certification, namely, quality control for others; product quality evaluation; computer software design; consultancy in the field of cloud computing; development of products for others; consumer product safety testing; design and development of multimedia products; platform as a service [PaaS] featuring computer software platforms for database management; software as a service [SaaS] featuring software for database management
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
The following description is suggested, if accurate: The mark consists of the wording “HMOS” arranged in a square with the top corners being the “H” and “M” and the bottom corners being the “O” and “S.” The letter “O” in the mark is underlined.
EMAIL ADDRESS AND U.S. COUNSEL REQUIRED
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).
ASSISTANCE
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.
Robert N. Guliano
/Robert N. Guliano/
robert.guliano@uspto.gov
571-272-0174
Examining Attorney
Law Office 105
RESPONSE GUIDANCE