To: | Home Depot Product Authority, LLC (aotrademark@kslaw.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88128659 - HUBSPACE - N/A |
Sent: | 12/12/2018 5:29:00 PM |
Sent As: | ECOM126@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88128659
MARK: HUBSPACE
|
|
CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
|
APPLICANT: Home Depot Product Authority, LLC
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
|
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: 12/12/2018
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 OF GOODS AND SERVICES REQUIREMENT
Applicant must clarify the goods by (1) describing the nature, purpose, or use of the system; and (2) listing the system’s parts or components, using common generic terms and referencing the primary parts or components of the system first. See 37 C.F.R. §2.32(a)(6); TMEP §§1401.05(d), 1402.01, 1402.03(a). Additionally, this wording should be classified in the same international class as the primary parts or components of the system. See TMEP §1401.05(d).
Applicant may adopt one or more of the following identifications, if accurate. The bold formatting represents new or edited wording and the bold italic formatting represents wording to be filled in by the applicant:
Class 9: Home and office automation systems comprising wireless and wired controllers, controlled devices, and software for lighting, plumbing, HVAC, security, safety and other home and office monitoring and control applications; Home automation systems for {specify purpose, nature, or use of the system, e.g., climate control} comprised of {specify components; e.g., thermostats}; home security systems comprised of {specify components, e.g., electronic video surveillance products}; control panels for security and home automation systems; Energy management systems comprising energy meters for tracking and monitoring energy usage and controls for limiting energy usage for small appliances; smart thermostats; smart electrical dimmers and switches; smart electrical outlets; smart surge protectors; smart window blinds; smart work lights; smart doorbells; smart photo controls; smart timers; smart security cameras; smart audio speakers; smart smoke and carbon monoxide detectors; computer application software for mobile devices for use in providing remote control and automation of lights, thermostats, audio, video, web cameras, security system, and other electronic devices and systems in a home or office
Class 35: Retail store and on-line retail store services featuring home automation and monitoring systems, products, and components comprising wireless and wired controllers, sensors, controlled devices, timers, lighting, electrical outlets, surge protectors, and voice automation devices
Class 37: Installation of electronic control and automation equipment for electrical and communications systems, fixtures and appliances, including entertainment, lighting, security, climate control and telecommunications systems
Class 42: Providing temporary use of non-downloadable software for connecting, operating, and managing networked household appliances, HVAC systems, and household audio-visual equipment; Providing temporary use of non-downloadable software for home automation; Providing temporary use of non-downloadable software for controlling household appliances
Please note, 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.
For assistance with identifying and classifying goods in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
ABANDONMENT ADVISORY
If applicant does not respond to this Office action within the six-month period for response, the following goods in International Class 9 will be deleted from the application: “home automation systems” and “home security systems”. The application will then proceed with the following goods only:
Class 9: Home and office automation systems comprising wireless and wired controllers, controlled devices, and software for lighting, plumbing, HVAC, security, safety and other home and office monitoring and control applications; control panels for security and home automation systems; Energy management systems comprising energy meters for tracking and monitoring energy usage and controls for limiting energy usage for small appliances; smart thermostats; smart electrical dimmers and switches; smart electrical outlets; smart surge protectors; smart window blinds; smart work lights; smart doorbells; smart photo controls; smart timers; smart security cameras; smart audio speakers; smart smoke and carbon monoxide detectors; computer application software for mobile devices for use in providing remote control and automation of lights, thermostats, audio, video, web cameras, security system, and other electronic devices and systems in a home or office
Class 35: Retail store and on-line retail store services featuring home automation and monitoring systems, products, and components comprising wireless and wired controllers, sensors, controlled devices, timers, lighting, electrical outlets, surge protectors, and voice automation devices
Class 37: Installation of electronic control and automation equipment for electrical and communications systems, fixtures and appliances, including entertainment, lighting, security, climate control and telecommunications systems
Class 42: Providing temporary use of non-downloadable software for connecting, operating, and managing networked household appliances, HVAC systems, and household audio-visual equipment; Providing temporary use of non-downloadable software for home automation; Providing temporary use of non-downloadable software for controlling household appliances
See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
RESPONSE GUIDELINES
Please call or email the assigned trademark examining attorney with questions about this Office action. Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the requirement in this Office action. See TMEP §§705.02, 709.06. Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
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. 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.
/Shannon B. Keating/
Shannon B. Keating
Examining Attorney
Law Office 126
(571)270-3734
Shannon.Keating@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.