To: | Beijing Rockrobo Technology Co., Ltd. (GTIPmail@gtlaw.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87607288 - ROBOROCK - 169743010002 |
Sent: | 12/22/2017 6:12:26 PM |
Sent As: | ECOM123@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 87607288
MARK: ROBOROCK
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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: Beijing Rockrobo Technology Co., Ltd.
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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. 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: 12/22/2017
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).
ISSUES APPLICANT MUST ADDRESS: On December 19, 2017, the trademark examining attorney and Jie (Lisa) Li, attorney of record, 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.
Applicant is encouraged to telephone or e-mail the assigned trademark examining attorney to resolve the issues raised in this Office action.
CLARIFICATION OF ENTITY TYPE REQUIREMENT
Alternatively, if applicant maintains that the legal entity in the application properly identifies applicant’s entity type, applicant must provide an explanation as to why the identified entity type is more similar to a “corporation” in this instance than to the legal entities listed in TMEP Appendix D. See id.
If, in response to the above request, applicant provides information indicating that it is not the owner of the mark, registration will be refused because the application was void as filed. See 37 C.F.R. §2.71(d); TMEP §§803.06, 1201.02(b). An application must be filed by the party who owns or is entitled to use the mark as of the application filing date. See 37 C.F.R. §2.71(d); TMEP §1201.02(b).
IDENTIFICATION OF GOODS REQUIREMENT
The wording “components and replacement parts for cleaning machines” in the identification of goods is unacceptable because the identification does not specify the type of cleaning machine, and thus it must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
If modifying one of the duplicate entries, applicant may amend it to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Also, generally, any deleted goods and/or services may not later be reinserted. TMEP §1402.07(e).
Applicant may amend the identification of goods to the following wording, if accurate:
Robots for personal use with a household cleaning function; structural components and replacement parts for robots for personal use with a household cleaning function; robots for commercial building cleaning; floor cleaning machines for households and commercial buildings; automatic floor cleaning machines for consumer use; robotic vacuum cleaners; components and replacement parts for robots for commercial building cleaning, floor cleaning machines, and robotic vacuum cleaners; floor cleaning machines; carpet cleaning machines; wet-and-dry carpet cleaning machines; wet-and-dry floor cleaning machines; components and replacement parts for {specify type, e.g., floor, carpet} cleaning machines; vacuum cleaners; electric vacuum cleaners; vacuum cleaners for household purposes; vacuum cleaners for industrial purposes; handheld vacuum cleaners; stick electric vacuum cleaners; stick electric vacuum cleaners in the nature of vacuum cleaners; cordless vacuum cleaners; components and replacement parts for vacuum cleaners; floor machines for applying cleaning preparations to floors and carpets; components and replacement parts for floor machines for applying cleaning preparations to floors and carpets; carpet extractors and parts thereof; carpet shampooers and parts thereof; steam cleaners and parts thereof; steam mops for household and commercial building cleaning and parts thereof; multi-purpose steam cleaners and parts thereof; floor scrubbing machines and parts thereof; floor washing machines and parts thereof; floor polishing machines and parts thereof; electric machines for carpet shampooing and parts thereof; parts for floor and carpet cleaning and vacuum machines, namely, bags, belts, and filters; dust filters and bags for vacuum cleaners; floor tools for vacuum cleaners, namely, floor tool cleaner heads, hoses, and brushes; accessories and attachments for cleaning and vacuum machines, namely, suction nozzles for vacuum cleaners, stair cleaning tools for vacuum cleaners, crevice cleaning tools for vacuum cleaners, hard floor cleaning tools for vacuum cleaners, tools for cleaning upholstery and drapes for vacuum cleaners, mattress cleaning tools for vacuum cleaners; separation apparatus for use in vacuum cleaners, namely, dust separators; apparatus for separating particles from an airflow for removing dust and debris from the airflow in vacuum cleaners.
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.
RESPONSE GUIDELINES
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.
/Dean A. Hopkins II/
Examining Attorney
Law Office 123
(571) 272-5472
dean.hopkins@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.