To: | Palred Online Technologies Limited (JeffMFurr@FurrLawFirm.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88044138 - PTRON - N/A |
Sent: | 5/15/2019 10:51:20 AM |
Sent As: | ECOM125@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88044138
MARK: PTRON
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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: Palred Online Technologies Limited
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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: 5/15/2019
THIS IS A FINAL ACTION.
This Office action is in response to applicant’s communication filed on April 16, 2019.
In a previous Office action dated November 9, 2018, the applicant was required to satisfy the following requirements: amend the identification of goods, clarify applicant’s entity type and place of incorporation.
Based on applicant’s response, the trademark examining attorney notes that the following requirement has been satisfied: entity type and place of incorporation provided. See TMEP §§713.02, 714.04.
Further, the trademark examining attorney maintains and now makes FINAL the requirement in the summary of issues below. See 37 C.F.R. §2.63(b); TMEP §714.04.
SUMMARY OF ISSUES MADE FINAL that applicant must address:
IDENTIFICATION OF GOODS-FINAL
In the Office Action dated November 9, 2018, applicant was required to amend the identification of goods. Some of the proposed amendments to the identification of goods are not acceptable for the reasons stated in this Office action. Thus, the previous wording in the existing identification remains operative for purposes of future amendments and for determining the scope of future amendments. See TMEP §1402.07(d).
Specifically, the wording “Bluetooth audio speakers” is unacceptable. The wording “bluetooth” in the identification of goods is a registered mark not owned by applicant; accordingly, applicant must amend the identification to delete this wording and, if not already included in the identification, provide the common commercial or generic name of the goods. TMEP §1402.09; see 37 C.F.R. §2.32(a)(6); Camloc Fastener Corp. v. Grant, 119 USPQ 264, 264 n.1 (TTAB 1958). See the registration attached to the November 9, 2018 Office Action.
Also, the wording “Voice Control Devices, namely, Speakers with Alexa or Google Home” in the identification of goods is a registered mark not owned by applicant; accordingly, applicant must amend the identification to delete this wording and, if not already included in the identification, provide the common commercial or generic name of the goods. TMEP §1402.09; see 37 C.F.R. §2.32(a)(6); Camloc Fastener Corp. v. Grant, 119 USPQ 264, 264 n.1 (TTAB 1958). See the attached Registration Nos. 5728831, 5728832 and 5563417.
Identifications of goods should generally be comprised of generic everyday wording for the goods, and exclude proprietary or potentially-proprietary wording. See TMEP §§1402.01, 1402.09. A registered mark indicates origin in one particular party and so may not be used to identify goods or services that originate in a party other than that registrant. TMEP §1402.09 (citing Camloc Fastener Corp. v. Grant, 119 USPQ at 264 n.1).
The applicant may amend or adopt one or more of the following identifications, if accurate (additions are in bold, deletions are shown as strikethrough text):
Head Phones; Ear Phones; Wireless Head Phones, Wireless Ear Phones, Ear Phones incorporating wireless technology, Head Phones incorporating wireless technology, Bluetooth
Audio Speakers incorporating wireless technology; Wireless Speakers; Speakers incorporating wireless technology; Power Cables, Data cables, Audio Cables; Audio Transmitter
Units; Voice Control Devices, namely, voice activated speakers Speakers with Alexa or Google Home; Power Banks; Batteries and Battery chargers; Battery cases; Battery
charge devices; power supply for use with electronic devices, digital audio and video players, personal digital assistants and network hubs; usb hubs; electrical sockets; electric plugs; power
strips; electric switches; power switches; electric charging cables; mobile phone cases; display screen protectors adapted for use with Mobile Phones and Tablets; car mounts being Mobile Phone
holding Stands; laptop stands; keyboards; keyboard cases; computer mouse
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 AND PARTIAL ABANDONMENT ADVISORY
The application will then proceed for the following Head Phones; Ear Phones; Wireless Head Phones, Wireless Ear Phones, Ear Phones incorporating wireless technology, Head Phones incorporating wireless technology; Wireless Speakers; Speakers incorporating wireless technology; Power Cables, Data cables, Audio Cables; Audio Transmitter Units; Batteries and Battery chargers; Battery cases; Battery charge devices; power supply for use with electronic devices, digital audio and video players, personal digital assistants and network hubs; usb hubs; electrical sockets; electric plugs; power strips; electric switches; power switches; electric charging cables; mobile phone cases; display screen protectors adapted for use with Mobile Phones and Tablets; car mounts being Mobile Phone holding Stands; laptop stands; keyboards; keyboard cases; computer mouse:
Applicant may respond by providing one or both of the following:
(1) a response filed using the Trademark Electronic Application System (TEAS) that fully satisfies all outstanding requirements and/or resolves all outstanding refusals; and/or
(2) an appeal to the Trademark Trial and Appeal Board filed using the Electronic System for Trademark Trials and Appeals (ESTTA) with the required filing fee of $200 per class.
37 C.F.R. §2.63(b)(1)-(2); TMEP §714.04; see 37 C.F.R. §2.6(a)(18); TBMP ch. 1200.
In certain rare circumstances, an applicant may respond by filing a petition to the Director pursuant to 37 C.F.R. §2.63(b)(2) to review procedural issues. TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters). There is a fee required for filing a petition. 37 C.F.R. §2.6(a)(15).
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.
/Nicole Passman/
Nicole Passman
Examining Attorney
Law Office 125
(571) 272-3244
nicole.passman@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.