To: | HANGZHOU HIKVISION DIGITAL TECHNOLOGY CO ETC. (nyustmp@ladas.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87214360 - BLAZER - 1T16687207 |
Sent: | 1/24/2017 1:04:42 PM |
Sent As: | ECOM101@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 87214360
MARK: BLAZER
|
|
CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
|
APPLICANT: HANGZHOU HIKVISION DIGITAL TECHNOLOGY CO ETC.
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
|
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. A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
ISSUE/MAILING DATE: 1/24/2017
This Office action supersedes the previous Office action issued on December 31, 2016, in connection with this application.
Applicant must address all issue(s) raised in this Office action, in addition to the issues raised in the Office action dated December 31, 2016. The issue(s) raised in the previous December 31, 2016, Office action is/are as follow and is/are maintained: the Section 2(d) likelihood of confusion refusal and the identification of goods and services requirements.
Applicant must respond to all issues raised in this Office action and the previous December 31, 2016, Office action, within six (6) months of the date of issuance of this Office action. 37 C.F.R. §2.62(a). If applicant does not respond within this time limit, the application will be abandoned. 37 C.F.R. §2.65(a).
EARLIER FILED APPLICATION MAY BAR REGISTRATION
The examining attorney also encloses information regarding pending Application Serial No. 87202115 for the mark “BLAZER”. 37 C.F.R. Section 2.83.
There may be a likelihood of confusion between the applicant's mark and the mark in the above noted application under Section 2(d) of the Act. The filing date of the referenced application precedes the applicant's filing date. If the earlier‑filed application matures into a registration, the examining attorney may refuse registration under Section 2(d).
If the applicant believes that there is no potential conflict between this application and the earlier-filed application, the applicant may present arguments relevant to the issue in a request to remove the application from suspension. The election to file or not to file such a request at this time in no way limits the applicant's right to address this issue at a later point.
In addition to the wording that was identified as being indefinite in the previous Office Action, the wording “computer programmes, recorded” in International Class 9 is unacceptable as indefinite, as indicated below. The applicant must amend the identification to specify the commercial name of the goods and/or the industry or field in which the goods are used, as indicated below in the suggested identification. If there is no common commercial name for the product, the applicant must describe the product and its intended uses. TMEP section 804.
The Acceptable Identification of Goods and Services Manual sets out acceptable language for identifying goods and services of various types. Utilizing identification language from the Manual may enable trademark owners to avoid problems relating to indefiniteness with respect to the goods or services identified in their applications for registration; however, applicants should note that they must assert actual use in commerce or a bona fide intent to use the mark in commerce for the goods or services specified. TMEP Section 804.04.
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. See TMEP §1402.04.
Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. Section 2.71(b); TMEP section 804.09. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.
The applicant may adopt one or more of the following in International Class 9, if accurate:
“Data processing apparatus; computer memory devices; computers; recorded computer programs for [specify the function of the programs, e.g., use in database management, use as a spread sheet, word processing, etc. and, if program is content- or field-specific, the content or field of use]; computer operating programs, recorded; computer peripheral devices; computer gaming software recorded for recreational game playing purposes; data processing equipment, namely, couplers; interfaces for computers; microprocessors; computer monitors; computer central processing units; optical readers; computer programs for [specify the function of the programs, e.g., use in database management, use as a spread sheet, word processing, etc. and, if program is content- or field-specific, the content or field of use]; downloadable image files containing [indicate content or subject matter]; downloadable computer application software for [specify items, e.g., mobile phones, portable media players, handheld computers], namely, software for [specify the function of the programs, e.g., use in database management, use in electronic storage of data, etc.]; integrated circuit cards; blank smart cards; flashing safety lights; electronic notice boards; electric monitoring apparatus for monitoring electric current and electrical signals; audio- and video-receivers; sound transmitting apparatus; sound recording apparatus; sound reproduction apparatus; video recorders; camcorders; baby monitors; video baby monitors; shutter releases; shutters; cameras; camera filters; speedometers; speedometers for vehicles; adapter rings for attaching objectives on cameras; optical lanterns; optical lamps; optical lenses; magnifying glasses; inspection mirrors; prisms; optical apparatus and instruments, namely, optical ports for underwater photography, dome ports for underwater photography, wet diopters, adapter lenses for underwater photography; cables, electric; wires, electric; integrated circuits; computer chips; fluorescent screens; video screens; remote control apparatus for [indicate specific devices, e.g. radios, televisions, stereos]; alarm monitoring systems; theft alarms; burglar alarms; locks, electric; smoke detectors,” in International Class 9.
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 $125 per 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.
/Alec Powers/
Trademark Examining Attorney
US Trademark Law Office 101
Ph: 571-272-9309
Fax: 571-273-9309
alexander.powers@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.