| To: | DATA ACCESS (julien@brand-access.com) |
| Subject: | U.S. TRADEMARK APPLICATION NO. 88012742 - APRICOT - N/A |
| Sent: | 7/12/2018 1:25:52 PM |
| Sent As: | ECOM123@USPTO.GOV |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
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U.S. APPLICATION SERIAL NO. 88012742
MARK: APRICOT
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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: DATA ACCESS
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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: 7/12/2018
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
A domestic trademark counsel advisory is also included herein.
SEARCH OF OFFICE’S DATABASE OF MARKS
The trademark examining attorney has searched the Office’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).
IDENTIFICATION AND CLASSIFICATION OF GOODS
Much of the wording in the identification of goods is indefinite and must be clarified because the goods must be identified with particularity. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Particularly, "Scientific (other than medical) apparatus and instruments, electric apparatus, namely, apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; measuring and signaling apparatus; computers, magnetic, optical, digital and electronic recording media; digital personal assistants, computer memories", "computer peripheral devices screens, keyboards, computer mice, control consoles and levers, digital, optical and magnetic disk and diskette drives, digitizers, printers, modems, loudspeakers, headsets; telephony, fax and telecommunication apparatus; local networks, namely, data processing equipment, computer software (recorded programs); electronic game consoles designed for use only with a television receiver; computer programs and software; communication devices and appliances; integrated set-top unit/receivers", and "player-recorders for music, images, texts, video and multimedia data; cameras, namely, photographic cameras, digital cameras, motion picture cameras, video cameras; computer software and electronic games, namely, games and software held on digital disks and cartridges for computers and game consoles; games and software downloadable from a remote computer site, and on Web sites; games and software for mobile telephones; telephones, cellular telephones, telephones over the Internet, and related accessories of the aforesaid goods, namely, headsets, microphones, loudspeakers, carrying cases, and belt clips" requires further clarification.
Applicant must amend the identification to specify the common commercial or generic name of the goods. See TMEP §1402.01. If the goods have no common commercial or generic name, applicant must describe the product, its main purpose, and its intended uses. See id.
Applicant may adopt the following wording, if accurate:
IC 009: Scientific (other than medical) apparatus and instruments, other than medical in the
nature of {identify common commercial or generic name of definite good, e.g., chromatography columns for use in purification in the laboratory and parts and fittings therefor}, electric
apparatus, in the nature of, apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; measuring and signaling
apparatus in the nature of {identify common commercial or generic name of definite good, e.g., gas sensor for measuring gas concentration}; computers, magnetic, optical, digital
and electronic recording media in the nature of {identify common commercial or generic name of definite good, e.g., blank electronic storage media}; digital personal assistants,
computer memories; printed circuits; computer peripheral devices; computer screens, keyboards, computer mice, control consoles and levers in
the nature of {identify common commercial or generic name of definite good, e.g.,, electrical controllers} digital, optical and magnetic disk and diskette drives, digitizers
in the nature of {specify common commercial name of generic goods, e.g., computer software for organizing and viewing digital images and photographs}, {specify
type of printers, e.g., photo, video, laser document} printers, modems, loudspeakers, headsets for {specify use, e.g., smartphones, use with computers}; wireless telephony, fax apparatus in the nature of {identify common commercial or generic name of definite good, e.g.,
fax machines} and telecommunication apparatus in the nature of {identify common commercial or generic name of definite good, e.g.,
microphones}; local networks, namely, data processing equipment in the nature of {identify common commercial or generic name of definite good, e.g., couples}, computer software for {specify function of software, e.g., recording television programs};computer programs and software for {specify
function of the programs and software, e.g., editing images, sounds and video}; communication devices and appliances in the nature of {identify common commercial or generic name
of definite good, e.g., mobile phones}; integrated set-top unit/receivers in the nature of {identify common commercial or generic name of definite good, e.g., telephone
apparatus and receivers}; television sets; player-recorders for music, images, texts, video and multimedia data in the nature of {identify common commercial or generic name of
definite good, e.g., DVD players}; cameras, namely, photographic cameras, digital cameras, motion picture cameras, video cameras; computer software and electronic games programs
for {specify function of software and games, e.g., teaching children}, namely, games and software held on digital disks and cartridges for computers and game consoles; downloadable {specify type of games, e.g., computer, electronic} games and game software downloadable from a remote computer site, and on Web sites; electronic game software for mobile telephones; telephones, cellular telephones, telephones over the Internet {specify the common commercial
or generic name of goods, e.g., internet phones}, and related accessories of the aforesaid goods, namely, headsets for telephones, microphones, loudspeakers, carrying cases
for {identify definite Class 009 goods, e.g., cell phones}, and belt clips; batteries; battery chargers; parts and components for all the aforesaid goods
IC 028: electronic {specify type, e.g., video, handheld, computer} game consoles designed for use only with a television receiver
Applicant may amend the identification to clarify or limit the goods, but not to broaden or expand the goods beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted goods may not later be reinserted. See 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.
MULTIPLE CLASS APPLICATION REQUIREMENTS
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least two classes; however, applicant submitted a fee(s) sufficient for only one class. Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
See an overview of the requirements for a Section 44 multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
The fee for adding classes to a TEAS Reduced Fee (RF) application is $275 per class. See 37 C.F.R. §§2.6(a)(1)(iii), 2.23(a). See more information regarding the requirements for maintaining the lower TEAS RF fee and, if these requirements are not satisfied, for adding classes at a higher fee using regular TEAS.
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.
Radcliff, Brent
/Brent M. Radcliff/
Examining Attorney
Trademark Law Office 123
(571) 270-0855
brent.radcliff@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.