To: | Timetop Limited (info@huanglawyer.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 86243518 - ANDOER - N/A |
Sent: | 8/6/2014 2:39:01 PM |
Sent As: | ECOM102@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 86243518
MARK: ANDOER
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Timetop Limited
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
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: 8/6/2014
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.
SUMMARY OF ISSUES which the applicant must address:
SEARCH OF OFFICE’S DATABASE OF MARKS
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).
Applicant's mark is ANDOER in stylized font for goods currently identified as "Computer peripheral devices; multimedia players; network communication devices, namely, computer network adapters, fiber optic cables; camcorders; digital cameras; photographic apparatus and devices, namely, camera lenses, camera filters; burglar alarms; electric cables; electric wires; Batteries and battery chargers ; Cell phone battery chargers; Battery cases; electric regulating apparatus, electrical converters, security, safety and other home and office monitoring and control applications" in International Class 9.
The wording "electric regulating apparatus" used to describe the goods is indefinite and must be clarified because it does not specify the nature of the nature of the electricity which the apparatus regulates. See TMEP §1402.01. The applicant must amend this wording to clearly and specifically identify the nature of the goods.
The wording "security, safety and other home and office monitoring and control applications" used to describe the goods is overly broad and indefinite and must be clarified. Specifically, "and other" is overly broad and must be amended to name each specific item included. In addition, the wording is indefinite because it does not specify the nature or function of the applications. See TMEP §1402.01. The applicant must amend this wording to clearly and specifically identify all of the items included and the nature and function of the applications.
The following substitute wording is suggested, if appropriate:
- International Class 9: Computer peripheral devices; multimedia players; network communication devices, namely, computer network
adapters, fiber optic cables; camcorders; digital cameras; photographic apparatus and devices, namely, camera lenses, camera filters; burglar alarms; electric cables; electric wires; Batteries and
battery chargers ; Cell phone battery chargers; Battery cases; electric current regulating apparatus; electrical converters; security,
safety and other home and office monitoring and control applications, namely {indicate function or nature of applications, i.e. alarm monitoring
systems}.
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 at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.
Examples of specimens for goods may include tags, labels, instruction manuals, containers, and photographs that show the mark on the actual goods or packaging, or displays associated with the actual goods at their point of sale. See TMEP §§904.03 et seq. Webpages may also be specimens for goods when they include a picture or textual description of the goods associated with the mark and the means to order the goods. TMEP §904.03(i).
Applicant may respond to this refusal by satisfying one of the following:
(1) Submit a verified specimen that was in actual use in commerce at least as early as the filing date of the application.
(2) Amend the filing basis to intent to use under Section 1(b), for which no specimen is required. This option will later necessitate additional fee(s) and filing requirements such as providing a specimen at a subsequent date.
(3) Delete the Section 1(a) basis and rely solely on the Section 44 basis, for which no specimen is required.
For an overview of all the response options referenced above and instructions on how to satisfy these options online using the Trademark Electronic Application System (TEAS) form, please go to http://www.gov.uspto.report/trademarks/law/S4_1.jsp.
SERIAL NUMBER OF FOREIGN APPLICATION REQUIRED
REQUEST FOR INFORMATION – TRANSLATION; SURNAME
Translation
Accordingly, if the wording has meaning in a foreign language, applicant should provide the following translation statement:
The English translation of the word “ANDOER” in the mark is “{insert meaning of term}”.
TMEP §809.03.
Alternatively, if the wording does not have meaning in a foreign language, applicant should provide the following statement:
The wording “ANDOER” has no meaning in a foreign language.
Id.
Significance
Further, applicant must provide additional information about this wording to enable proper examination of the application. Specifically, applicant must respond to the following questions:
Failure to respond to a request for information is an additional ground for refusing registration. See In re Cheezwhse.com, Inc., 85 USPQ2d 1917, 1919 (TTAB 2008); In re DTI P’ship LLP, 67 USPQ2d 1699, 1701 (TTAB 2003); TMEP §814.
For this application to proceed toward registration, applicant must explicitly address each refusal and/or requirement raised in this Office action. If the action includes a refusal, applicant may provide arguments and/or evidence as to why the refusal should be withdrawn and the mark should register. Applicant may also have other options for responding to a refusal and should consider such options carefully. To respond to requirements and certain refusal response options, applicant should set forth in writing the required changes or statements.
If applicant does not respond to this Office action within six months of the issue/mailing date, or responds by expressly abandoning the application, the application process will end, the trademark will fail to register, and the application fee will not be refunded. See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a), 2.68(a), 2.209(a); TMEP §§405.04, 718.01, 718.02. Where the application has been abandoned for failure to respond to an Office action, applicant’s only option would be to file a timely petition to revive the application, which, if granted, would allow the application to return to active status. See 37 C.F.R. §2.66; TMEP §1714. There is a $100 fee for such petitions. See 37 C.F.R. §§2.6, 2.66(b)(1).
/Tara L. Bhupathi/
Examining Attorney
Law Office 102
571-272-5557
tara.bhupathi@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.