Examiners Amendment

EMBER

Ember Technologies, Inc.

U.S. TRADEMARK APPLICATION NO. 87944002 - EMBER - EMBER.078T

To: Ember Technologies, Inc. (efiling@knobbe.com)
Subject: U.S. TRADEMARK APPLICATION NO. 87944002 - EMBER - EMBER.078T
Sent: 3/29/2019 2:09:09 PM
Sent As: ECOM101@USPTO.GOV
Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

 

U.S. APPLICATION SERIAL NO.  87944002

 

MARK: EMBER

 

 

        

*87944002*

CORRESPONDENT ADDRESS:

       JONATHAN A. HYMAN

       KNOBBE MARTENS OLSON AND BEAR, LLP

       2040 MAIN STREET, 14TH FLOOR

       IRVINE, CA 92614

       

 

GENERAL TRADEMARK INFORMATION:

http://www.gov.uspto.report/trademarks/index.jsp

 

VIEW YOUR APPLICATION FILE

 

APPLICANT: Ember Technologies, Inc.

 

 

 

CORRESPONDENT’S REFERENCE/DOCKET NO:  

       EMBER.078T

CORRESPONDENT E-MAIL ADDRESS: 

       efiling@knobbe.com

 

 

 

EXAMINER’S AMENDMENT

 

ISSUE/MAILING DATE: 3/29/2019

 

 

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:  In accordance with the authorization granted by Jonathan A. Hyman on 3/29/19, 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 and/or services may clarify or limit the goods and/or services, but may not add to or broaden the scope of the goods and/or services.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.

 

The Class 10 identification of goods is hereby amended to:

 

“Active and passive transport boxes for medical purposes, namely, vaccines, blood, blood components, blood plasma, tissues, DNAs, laboratory and medical probes, biological probes, pharmaceuticals, cells, organs; incubators for medical purposes, namely, for temperature sensitive medical, pharmaceutical and laboratory items such as vaccines, blood and blood components, temperature-sensitive pharmaceuticals, tissues, biological samples, DNAs, cells, organs and for temperature sensitive goods including food and beverages; Temperature-controlled portable insulated containers for medical use for storage of vaccines, blood and blood components, temperature-sensitive pharmaceuticals, tissues, biological samples, DNAs, cells, organs and for temperature sensitive goods including food and beverages; refrigerating apparatus for storage of medicines for medical use; Temperature-controlled portable insulated containers for storage of medicines for medical use; Temperature controlled containers for medical use; portable thermoelectric cooling and heating containers for medical use,” in Class 10.

The Class 11 identification of goods is amended to:

 

“Temperature-controlled portable insulated containers for storage of vaccines, blood and blood components, temperature-sensitive pharmaceuticals, tissues, biological samples, DNAs, cells, organs and for temperature sensitive goods including food and beverages; Electric cool boxes; Electric heating boxes; electric portable active and passive cold boxes; electric portable active and passive heating boxes; refrigerating apparatus for storage of food; Temperature controlled food storage containers; Temperature-controlled portable insulated food containers; Temperature-controlled portable insulated baby bottles; Temperature-controlled portable insulated baby bottles containing heating elements and phase change materials; Temperature-controlled portable insulated baby bottles containing cooling elements and phase change materials; Temperature-controlled portable insulated food containers containing heating elements and phase change materials; Temperature-controlled portable insulated food containers containing cooling elements and phase change materials; Temperature-controlled portable insulated food storage containers containing heating elements and phase change materials; Temperature-controlled portable insulated food storage containers containing cooling elements and phase change materials; electrically heated baby bottles for keeping beverages warm; portable thermoelectric cooling and heating containers for food; portable thermoelectric cooling and heating containers for beverages; electrically cooled baby bottles for keeping beverages cool; electrically cooled cups and mugs for keeping beverages cool; electrically cooled liquid containers for keeping beverages cool,” in Class 11.

Scope Advisory

 

Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted.  TMEP §1402.07(e).

 

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.

 

 

 

 

/EFalk/

Erin M. Falk

erin.falk@uspto.gov

U.S. Patent & Trademark Office

Trademark Examining Attorney, LO101

(571)-272-1110

 

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.

 

 

 

 

U.S. TRADEMARK APPLICATION NO. 87944002 - EMBER - EMBER.078T

To: Ember Technologies, Inc. (efiling@knobbe.com)
Subject: U.S. TRADEMARK APPLICATION NO. 87944002 - EMBER - EMBER.078T
Sent: 3/29/2019 2:09:11 PM
Sent As: ECOM101@USPTO.GOV
Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 3/29/2019 FOR U.S. APPLICATION SERIAL NO.87944002

 

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.

 

 


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