UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

 

 

 

FINAL OFFICE ACTION

 

STRICT DEADLINE TO RESPOND TO THIS LETTER

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: 4/9/2019

 

 

This final Office action responds to the applicant’s communication of March 18, 2019.

 

SUMMARY OF ISSUES:

 

1. Satisfied: Failure to Demonstrate Use in Commerce
2. Satisfied: Mark Description
3. Maintained in Part: Identification of Goods and Services

 

SATISFIED:  FAILURE TO DEMONSTRATE USE IN COMMERCE

 

The applicant’s response to this issue is acceptable and such has been noted in the record.

 

SATISFIED:  MARK DESCRIPTION

 

The applicant’s response to this issue is acceptable and such has been noted in the record.

MAINTAINED IN PART:  IDENTIFICATION OF GOODS AND SERVICES

 

In response to this issue, the applicant provided proposed amendments to the identification of goods and services.  With regard to Classes 009 and 045, the amendments are acceptable and such as been noted in the record.

 

With regard to the wording “consultation in the field of energy use management” in Class 040 and the custom manufacturing services in Class 042, however, the amendments are not acceptable because these services are classified incorrectly.  Specifically, the consultation services in the field of energy use management should be classified in Class 035 because the underlying service about which the consultation services concern are classified in Class 035.  Applicant did not add Class 035 to the application in its response; accordingly, this wording is not acceptable because it is overly broad.

 

Regarding the various custom manufacturing services, the applicant must amend the application to classify these services in International Class 040.  See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b).  As Class 040 is already included in the application, applicant may move these services to Class 040 without incurring additional filing fees.

 

For these reasons, the requirement for an acceptable identification of goods and services is maintained and made FINAL with regard to consultation services in the field of energy use management and the custom manufacturing services.

 

RESPONDING TO THIS FINAL OFFICE ACTION – PARTIAL REQUIREMENTS

 

If applicant does not respond to this Office action within the six-month period for response, the following services in International Classes 040 and 042 will be deleted from the application:  “consultation in the field of energy usage management,” in Class 040 and “space exploration, energy, and cybersecurity; custom manufacturing as a service for others in the fields of military defense, undersea warfare, intelligence, surveillance and reconnaissance,” in Class 042. 

 

The application will then proceed with the following goods and/or services only:

 

• Class 009
• Nuclear waste treatment, namely, operation of systems to classify, track, and manage nuclear waste as it is treated for disposal; consultation in the field of energy production and energy generation services, in Class 040
• Scientific consultation, research, development, analysis, engineering, and prototyping in the fields of military defense, undersea warfare, intelligence, surveillance and reconnaissance; custom design and engineering of computer software applications and computer hardware systems; development of computer hardware and computer software for classifying, tracking, and managing nuclear waste as it is treated for disposal.
• Class 045

 

See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).

 

 

 

 

/Susan Stiglitz/

Trademark Examining Attorney

USPTO

Law Office 109

571-272-9285

susan.stiglitz@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.

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 4/9/2019 FOR U.S. APPLICATION SERIAL NO. 88083002

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.uspto.gov,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)  TIMELY RESPONSE IS REQUIRED:  Please carefully review the Office action to determine (1) how to respond, and (2) the applicable response time period.  Your response deadline will be calculated from 4/9/2019 (or sooner if specified in the Office action).  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.  For information regarding response time periods, see http://www.gov.uspto.report/trademarks/process/status/responsetime.jsp.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions.  Instead, the USPTO recommends that you respond online using the TEAS response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.

 

(3)  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

 

Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application.  For more information regarding abandonment, see http://www.gov.uspto.report/trademarks/basics/abandon.jsp.

 

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.