Examiners Amendment

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

 

 

 

EXAMINER’S AMENDMENT

 

ISSUE/MAILING DATE: 1/9/2017

 

Status of Application

 

Pursuant to TMEP §707.03, applicant is advised of the following status of the application.  Prior to issuance of this examiner’s amendment, the following issues were outstanding with this application:

 

1.     Identification of Goods Amendments Required

2.     Clarification as to the Number of Classes for which Registration is Sought Required

 

In light the amendments detailed below, the examining attorney has determined the following:

 

1.     The Requirement to Amend the Identification of Goods is satisfied.

2.     The Requirement to Clarify the Number of Classes for which Registration is Sought is satisfied.

 

APPLICATION HAS BEEN AMENDED:  In accordance with the authorization granted by Robert Rapp on January 5, 2017, the trademark examining attorney has amended the application as indicated below.  Please advise the undersigned immediately of any objections.  Otherwise, no response is necessary.  TMEP §707.  Any amendments to the identification of goods may clarify or limit the goods, but may not add to or broaden the scope of the goods.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.

 

Classification and Identification of Goods

 

The application is amended to classify the goods in International Class 11.  TMEP §1401.03(b); see 37 C.F.R. §2.85.

 

The identification of goods is amended to read as follows:

 

Class 11:         An electronic device comprising an irrigation sprinkler that is activated in response to detected motion and/or heat comprising settings that permit activation only in night conditions, only in daylight conditions, or in any lighting conditions in response to detected motion and/or heat

 

See TMEP §§1402.01, 1402.01(e).

 

What Happens Next

 

After an examiner’s amendment issues, the trademark examining attorney will usually approve the mark for publication in the Trademark Official Gazette, a weekly online publication of the USPTO.  The USPTO will then send a “Notice of Publication” to the applicant specifying the date of publication. 

 

The purpose of publishing applicant’s mark in the Trademark Official Gazette is to provide an opportunity to third parties who believe they may be damaged by registration of applicant’s mark to oppose its registration within thirty (30) days from the publication date.  An “opposition” is similar to a federal court proceeding, but this proceeding is held before the Trademark Trial and Appeal Board, a USPTO administrative tribunal of administrative judges who issue decisions on such matters.  If an opposition proceeding is instituted to oppose registration of applicant’s mark, applicant will receive notice. 

 

If the mark is published based upon the actual use of the mark in commerce, or based on a foreign registration, and no party opposes its registration, the USPTO will normally register the mark and issue a registration certificate within approximately twelve (12) weeks after the date the mark was published.

  

For an overview of the time frames for when an applicant should file and the USPTO will issue documents related to a trademark application, see Trademark Application and Post-Registration Process Timelines. 

 

 

/Alison Keeley/

Examining Attorney

Law Office 113

(571) 272 - 4514

Alison.Keeley@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 1/9/2017 FOR U.S. APPLICATION SERIAL NO.87182080

 

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.