To: | ROHL, LLC (ipdocket@calfee.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87334905 - ROHL - 27475/17267 |
Sent: | 2/7/2018 3:03:49 PM |
Sent As: | ECOM106@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 87334905
MARK: ROHL
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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: ROHL, LLC
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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. 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: 2/7/2018
This application was approved for publication on 12/27/2017. See 37 C.F.R. §2.80. However, approval of the application has been withdrawn to address the issue(s) below. See TMEP §706.01. The trademark examining attorney apologizes for any inconvenience this may cause applicant.
IDENTIFICATION OF SERVICES
Applicant should note that any wording in bold, in italics, underlined and/or in ALL CAPS below
offers guidance and/or shows the changes being proposed for the identification of services. If there is wording in the applicant’s version of the identification of services which should be removed,
it will be shown with a line through it such as this: strikethrough. When making its amendment, applicant should enter them in standard font, not in bold, in italics, underlined and/or in ALL CAPS.
Applicant may adopt the following classification and identification of services, if accurate:
International Class 009: Controllers and interactive sensors used in faucets and shower and tub fixtures for dispensing water and controlling water delivery; remote controls for faucets and shower and tub fixtures
International Class 011: Electric lighting fixtures; digital valves used in faucets and shower and tub fixtures for dispensing water and controlling water delivery; faucets featuring digital valves, controllers and interactive sensors; shower and tub fixtures, namely, tub spouts, shower heads, hand held shower heads, shower head sprayers featuring digital valves, controllers and interactive sensors
International Class 035: DISTRIBUTORSHIP Distribution, retail store and computerized online retail STORE services of plumbing products, namely, faucets, shower heads, and shower and tub fixtures, and
bathroom and kitchen accessories, in the nature of liquid dispensers, wash stands, grab bars, disposal stoppers, basket strainers, dish racks, colanders for sinks, grating kits for sinks, cutting
boards, wire grids for sinks
See TMEP §1402.01
For assistance with identifying and classifying services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
PARTIAL ABANDONMENT ADVISORY
RESPONSE GUIDELINES
For this application to proceed further for the full list of applicant’s goods and/or services, 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 specified in this Office action 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, the following services will be deleted from the application: “distribution … and computerized online retail”. See 37 C.F.R. §2.65(a); TMEP §718.02(a). The application will then proceed with the following services only: “retail store services of plumbing products, namely, faucets, shower heads, and shower and tub fixtures, and bathroom and kitchen accessories, in the nature of liquid dispensers, wash stands, grab bars, disposal stoppers, basket strainers, dish racks, colanders for sinks, grating kits for sinks, cutting boards, wire grids for sinks”. See TMEP §718.02(a). In such case, an applicant may timely file a petition to revive the abandoned services, which, if granted, would allow for the reinsertion of these services into the application. See 37 C.F.R. §2.66; TMEP §§718.02(a), 1714. The petition must be filed within two months of the date of issuance of the notice of abandonment and may be filed online via the Trademark Electronic Application System (TEAS) with a $100 fee. See 37 C.F.R. §§2.6(a)(15)(ii), 2.66(a)(1), (b)(1).
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.
/Samir Ramesh-Patel/
Samir Ramesh-Patel
Examining Attorney
Law Office 106
(571) 272-6699
Samir.Ramesh-Patel@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.