To: | Lime Energy Co. (dctrademarks@dbr.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 86895018 - LIME - 509303 |
Sent: | 12/10/2016 2:42:20 PM |
Sent As: | ECOM121@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 86895018
MARK: LIME
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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: Lime Energy Co.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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PRIORITY 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: 12/10/2016
ISSUES APPLICANT MUST ADDRESS: On November 29, 2016, the trademark examining attorney and Jennifer Dean discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §§708, 711.
IDENTIFICATION AND CLASSIFICATION OF THE SERVICES
If applicant is performing a business activity, applicant may amend the identification to the following, if accurate:
IC 035: Energy usage management; consultation in the field of energy efficiency; information in the field of energy efficiency; business management of the coordination of installation of energy efficient products for others; business project management services for others in the field of energy efficiency; marketing services; coordination of installation of solar energy systems for others; business management of the coordination of installation of energy generation systems for others; business management of the coordination of installation of energy usage management products for others; business management of the coordination of installation of building controls for others; business management of the coordination of installation of security systems for others; business management of the coordination of installation of alarm systems for others; business management of the coordination of maintenance of building equipment for others; business management of the coordination of maintenance of electrical systems for others; business management of the coordination of maintenance of HVAC systems for others; business management of the coordination of maintenance of refrigeration systems for others; business management of the coordination of maintenance of security systems for others; business management of the coordination of maintenance of alarm systems for others; business management of the coordination of monitoring alarms for others; business management of the coordination of monitoring of security systems for others for security purposes; energy management services, namely, providing a service that allows consumers to purchase energy from various energy providers
If applicant is not performing a business activity, then applicant may move the services that belong in other classes to applicant’s co-pending applications. These services would then be classified based on the same class as the services activities.
IC 037: coordination of installation of energy efficient products for others; coordination of installation of solar energy systems for others; coordination of installation of energy generation systems for others; coordination of installation of energy usage management products for others; coordination of installation of building controls for others; coordination of installation of security systems for others; coordination of installation of alarm systems for others; coordination of maintenance of building equipment for others; coordination of maintenance of electrical systems for others; coordination of maintenance of HVAC systems for others; coordination of maintenance of refrigeration systems for others; coordination of maintenance of security systems for others; coordination of maintenance of alarm systems for others;
IC 045: coordination of monitoring alarms for others; coordination of monitoring of security systems for others for security purposes
For this application to proceed further, 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. For more information and general tips on responding to USPTO Office actions, response options, and how to file a response online, see “Responding to Office Actions” on the USPTO’s website.
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 and the trademark will fail to register. See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a), 2.68(a); TMEP §§718.01, 718.02. Additionally, the USPTO will not refund the application filing fee, which is a required processing fee. See 37 C.F.R. §§2.6(a)(1)(i)-(iv), 2.209(a); TMEP §405.04.
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).
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $50 per international class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.
/Mildred Black/
Examining Attorney
Law Office 121
571.270.1217
mildred.black@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.