UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

OFFICE ACTION

 

STRICT DEADLINE TO RESPOND TO THIS LETTER

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.

 

ISSUE/MAILING DATE: 1/9/2014

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue(s) below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

Search Results

 

The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d).  TMEP §704.02; see 15 U.S.C. §1052(d).

 

 

Although no similar registered or pending mark has been found that would bar registration, applicant must satisfy/address the following Requirements:

 

Requirements to be Addressed

1.      Drawing – Feature of Mark Must be Claimed or Deleted

2.      Description of the Mark

3.      Identification of Goods – Classes 8, 19 and 20 Specifically

 

Drawing Requirement – Feature of the Mark Must be Claimed or Deleted

 

Applicant must either submit a new drawing showing the dot appearing after the letter “H” in “TOUGH” deleted from the mark, -or- claim this dot in the description of the mark.   This matter is not part of the mark.  See TMEP §§807.02, 807.14(a).

 

Description of the Mark

 

Applicant must submit an accurate and concise description of the literal and design elements in the mark.  37 C.F.R. §2.37; see TMEP §§808.01, 808.02.  The following is suggested, if accurate:

 

The mark consists of a stylized version of the literal element “HYPER TOUGH” with the word “HYPER” appearing on top of and to the left of “TOUGH”.

 

Identification of Goods – Classes 8, 19 and 20 Specifically

 

“Nails” are Class 6 goods.  “Plans” and “Post hold diggers” are indicated in Class 8.  These should be amended to “Planes” and “Post hole diggers,” if correct.

 

The wording “non-metal storage racks” in the identification of goods must be clarified because it could identify goods in other international classes.  See TMEP §§1402.01, 1402.03. 

 

“Storage racks” are in Class 20, and this refers to general purpose storage racks which are not specially adapted for holding particular goods. Storage racks adapted for particular goods are in the classes of the goods held, e.g., CD storage racks in Class 9, storage racks for athletic equipment in Class 28

 

Applicant may substitute the following wording, if accurate: 

 

Class 6:

 

Metal tool boxes; secure metal storage sheds for tools; metal broom handles; general purpose metal storage bins and containers; metal storage sheds; Nails.

 

Class 8:

 

Hand tools, namely drills, routers, screwdrivers, rivet hammers, wrenches, sanders, buffers, grinders, drill hammers, planes, files, clamps, dies, hand jacks, ice picks, pincers, scrapers, tongs, nut drivers, chalk line reels, ripping bars, putty knives; wire cutters, wire strippers, bolt cutters, shovels, hatchets, pikes, pruners, paint scrapers, tile cutters, bar cutters, die chasers, die wrenches, pullers and splitters, hand operated pumps, sanding sponges, fruit pickers, grass hooks, grass whips, post hole diggers, rollers and brushes for applying adhesives, knee kickers, guides for knives and saws, box cutters, safety cutters, sharpening tools and instruments, chisels, wire crimpers, wrench sets, pliers sets, grooving tools, graving tools, sod lifters, spatulas (not household utensils), stamping-out tools, expanders, knives (hand tools), cultivators, riveters, levers, stamps (not for stationary use), screw extractors, wedges, weed cutters, weed diggers, paint trim guide, axes, picks, socket sets, and saws; blades for power tools; extensions for hand tools; edgers, floats and groovers for grout, mortar and cement; hand-operated automotive repair tools, namely, ball joint separators, brake cylinder hones, brake pad spreaders, brake spring removers, disc brake piston cubes, drum brake adjusting tools, engine cylinder hones, ring compressors, valve holders, valve spring compressors, valve spring depressors, and magnetic pick up tools; Manually operated shop tools for work on motorcycles, namely, chain breaker tool, chain riveting tool, chain press tool, chain alignment tool, carburetor tuning tool, carburetor tuning gauge set, tire irons, tappet adjustment tools, valve shim tools, tappet feeler gauge, carburetor jet wrenches, clutch holding tool, piston pin removing tool, spring removing tool, timing cover wrench, oil filter wrench, shock absorber wrench, axle wrench, fly wheel puller tool, clutch puller tool and magneto flywheel puller tool; multifunction hand tools comprised of screwdrivers, knives, can openers, file and pliers; roll-up fabric container for hand tools; tool aprons; tool belts; tool holders; tool pouches for attachment to tool belts.

 

Class 19:

 

Non-metal storage racks; non-metal bicycle storage racks.

 

Class 20:

 

Free standing tool racks; metal tool cabinets; non-metal tool boxes and chests; plastic foam, wood and polymer materials in pre-shaped forms with silhouette layouts for tools and badges used for the transportation and storage of these goods; tool handles not of metal; wall-mounted tool racks; wood handles for brooms and tools; non-metal cylinders for compressed gas or liquids, sold empty; metal storage cabinets; Storage racks.

 

 

For assistance with identifying and classifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html.  See TMEP §1402.04.

 

 

 

Identifications of goods can be amended only to clarify or limit the goods; adding to or broadening the scope of the goods is not permitted.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07.  Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.

 

 

/Thomas M. Manor/

Trademark Examining Attorney

Law Office 110

Phone :  (571) 270-1519

Fax. No. (571) 273-9110

Thomas.Manor@USPTO.GOV

 

TO RESPOND TO THIS LETTER:  Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.  Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application.  For technical assistance with online forms, e-mail TEAS@uspto.gov.  For questions about the Office action itself, please contact the assigned trademark examining attorney.  E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.

 

All informal e-mail communications relevant to this application will be placed in the official application record.

 

WHO MUST SIGN THE RESPONSE:  It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants).  If an applicant is represented by an attorney, the attorney must sign the response. 

 

PERIODICALLY CHECK THE STATUS OF THE APPLICATION:  To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/.  Please keep a copy of the TSDR status screen.  If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199.  For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

 

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 1/9/2014 FOR U.S. APPLICATION SERIAL NO. 86131296

 

Your trademark application has been reviewed.  The trademark examining attorney assigned by the USPTO to your application has written an official letter to which you must respond.  Please follow these steps:

 

(1)  Read the LETTER by clicking on this link or going to http://tsdr.gov.uspto.report/, entering your U.S. application serial number, and clicking on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification. 

 

(2)  Respond within 6 months (or sooner if specified in the Office action), calculated from 1/9/2014, using the Trademark Electronic Application System (TEAS) response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. 

 

Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions. 

 

(3)  Questions about the contents of the Office action itself should be directed to the trademark examining attorney who reviewed your application, identified below. 

 

/Thomas M. Manor/

Trademark Examining Attorney

Law Office 110

Phone :  (571) 270-1519

Fax. No. (571) 273-9110

Thomas.Manor@USPTO.GOV

 

WARNING

 

Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application.  For more information regarding abandonment, see http://www.gov.uspto.report/trademarks/basics/abandon.jsp. 

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.