To: | ELLIOTT AVIATION, INC. (USPTOMAIL@L-WLAW.COM) |
Subject: | U.S. Trademark Application Serial No. 88059360 - PRIZM - N/A |
Sent: | September 30, 2019 10:56:00 AM |
Sent As: | ecom121@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88059360
Mark: PRIZM
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Correspondence Address:
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Applicant: ELLIOTT AVIATION, INC.
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Reference/Docket No. N/A
Correspondence Email Address: |
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The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
Issue date: September 30, 2019
The trademark examining attorney now notes that the following refusal has been withdrawn: Section 2(d) refusal as to the mark in U.S. Registration No. 4843454. 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.
IDENTIFICATION AMENDMENT REQUIRED
The requirement to amend the identification of goods is now made FINAL for the reasons set forth below. See 37 C.F.R. §§2.32(a)(6), 2.63(b); TMEP §1402.01.
The identification of goods is indefinite and must be clarified because it is overly vague. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Specifically, the wording “electronic controls and wiring” makes unclear the use and nature of the electronic controls and wiring. Applicant must amend its identification to indicate this explicitly.
If accurate, applicant may adopt the following wording:
Class 11: lighting, namely electronically controllable LED lighting systems for aircraft cabins comprised of LED modules, LED lighting fixtures, and electronic controls and electrical wiring for controlling lighting systems
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.
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.
How to respond. Click to file a response to this final Office action and/or appeal it to the Trademark Trial and Appeal Board (TTAB)
/Justine N. Burke/
Justine N. Burke
Trademark Examining Attorney
Law Office 121
571-270-1631
Justine.Burke@uspto.gov
RESPONSE GUIDANCE