Examiners Amendment

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

 

 

 

EXAMINER’S AMENDMENT

 

ISSUE/MAILING DATE: 5/19/2017

 

 

DATABASE SEARCH:  The trademark examining attorney has searched the USPTO’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).

 

APPLICATION HAS BEEN AMENDED:  The trademark examining attorney is amending the application as follows.  No prior approval or authorization from applicant or applicant’s attorney is required.  TMEP §707.02.

 

The application is amended to reflect the applicant’s request to amend the application to 44(e) only and to amend the goods/services as follows:

 

Identification of Goods/Services

 

Class 009:  Solar cells; Solar panels for production of electricity; Photovoltaic solar modules for production of electricity; Solar cell plates; Solar cell panels; Batteries; Solar energy storage devices, namely, solar panels comprised of solar panels for the production of electricity and a solar battery used for the storage of solar energy; Electric control devices for energy management; Apparatus for measuring electric energy consumption, namely, watt-hour meters; Electricity controller for managing electricity energy; Energy storage apparatus comprised of batteries; Energy storage system for domestic use comprised of batteries; Measuring and control devices for air conditioning technology; Automatic heat control apparatus, namely, thermostats; Electronic control apparatus, namely, electronic controllers for use with power converters and power controllers for managing and optimizing energy loads within a building; Optical film for display, namely, polarizing film and retardation film; Optical film for lighting regulators; Computer software used to protect and back up computer files, and to recover and restore deleted and overwritten files; Cameras for personal computer (PC); Digital voice recorders; TV cable for mobile phone; Stereo ear mike for mobile phone; Wafer level package comprising solar wafers; Remote controllers for washing machines; Wireless cameras; Computer software for virtual reality game; Wearable telecommunication devices in the nature of smartphones, smart watches, and tablet computers for the wireless receipt, storage and/or transmission of data and messages; Head-mounted video display apparatus; Smart watches; Smart watches that function to measure, analyze, store and transmit data relating to the physiology, body, and activity of the users; Smart watches comprised primarily of a wristwatch also featuring a telephone, software and display screens for viewing, sending and receiving texts, emails, data and information; Watches that function to measure, analyze, store and transmit data relating to the physiology, body, and activity of the users; Jewelry, namely, wrist bands that function to measure, analyze, store and transmit data relating to the physiology, body, and activity of the users; Bracelets that function to measure, analyze, store and transmit data relating to the physiology, body, and activity of the users; Rings that function to measure, analyze, store and transmit data relating to the physiology, body, and activity of the users; Earrings that function to measure, analyze, store and transmit data relating to the physiology, body, and activity of the users; Necklaces that function to measure, analyze, store and transmit data relating to the physiology, body, and activity of the users; Wearable activity tracker that includes precious metals that function to measure, analyze, store and transmit data relating to the physiology, body, and activity of the users; Smartwatches that communicate data to personal digital assistants, smart phones, tablet computers and personal computers through internet websites and other computer and electronic communication networks; Watchbands that communicate data to personal digital assistants, smart phones, tablet computers and personal computers through internet websites and other computer and electronic communication networks; Bracelets that communicate data to personal digital assistants, smart phones, tablet computers and personal computers through internet websites and other computer and electronic communication networks; smartwatch comprised primarily of a wristwatch and also featuring a telephone, software and display screens for viewing, sending and receiving texts, emails, data and information from smart phones, tablet computers and portable computers

 

Class 010: Electric massage chair for household purposes; Electric massage apparatus for household use

 

Class 011:  Electric fan; Electric pressure cooker, Electric rice cooker; Electric clothing management machines having the functions of deodorizing, sterilizing and steaming garments for household purposes; LED diode cluster lamps

 

Class 014:  Watches; Wristwatches; Watches with the functions to measure, analyze, store and transmit data relating to physiology/body/activity of the users; Jewelry, namely, wrist bands with the functions to measure, analyze, store and transmit data relating to physiology/body/activity of the users; Bracelets with the functions to measure, analyze, store and transmit data relating to physiology/body/activity of the users; Rings with the functions to measure, analyze, store and transmit data relating to physiology/body/activity of the users; Earrings with the functions to measure, analyze, store and transmit data relating to physiology/body/activity of the users; Necklaces with the functions to measure, analyze, store and transmit data relating to physiology/body/activity of the users; Precious metals with the functions to measure, analyze, store and transmit data relating to physiology/body/activity of the users; Watches that communicate data to personal digital assistants, smart phones, tablet computers and personal computers through internet websites and other computer and electronic communication networks; Watchbands that communicate data to personal digital assistants, smart phones, tablet computers and personal computers through internet websites and other computer and electronic communication networks; Bracelets that communicate data to personal digital assistants, smart phones, tablet computers and personal computers through internet websites and other computer and electronic communication networks; Wearable digital electronic devices comprised primarily of a wristwatch and also featuring a telephone, software and display screens for viewing, sending and receiving texts, emails, data and information from smart phones, tablet computers and portable computers; Watch chains; Watch bands; Electronic clocks and watches; Parts for watches; Necklaces; Bracelets; key rings of precious metal; Rings

 

If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney.  All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.  Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights.  See TMEP §§705.02, 709.06.

 

 

 

 

 

/Nakia D. Henry/

Trademark Attorney | Law Office 117

P:  (571) 272-7208

F:  (571) 273-7208

E-mail:  nakia.henry@uspto.gov

 

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 Trademark Electronic Application System (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 5/19/2017 FOR U.S. APPLICATION SERIAL NO.86953560

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.gov.uspto.report/, enter the U.S. application serial number, and click 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)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

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.