UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88200934
MARK: SMART HOME CREATIONS
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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: Techtronic Floor Care Technology 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: 12/13/2018
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).
SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE
In this case, applicant has applied for the mark SMART HOME CREATIONS in connection with mirrors and smart mirrors. As the dictionary definitions attached indicate, SMART means “using a built-in microprocessor for automatic operation, for processing of data, or for achieving greater versatility” or “operating by automation” while HOME means “one's place of residence”. See Wikipedia article attached which explains what a smart home is:
Home automation or domotics is building automation for a home, called a smart home or smart house. A home automation system will control lighting, climate, entertainment systems, and appliances. It may also include home security such as access control and alarm systems. When connected with the Internet, home devices are an important constituent of the Internet of Things.
SMART HOME is commonly used in a descriptive manner by many third parties to describe the same or similar products identified by applicant used for smart homes:
http://www.seura.com/products/smart/
Transform the bathroom into a smart home control hub. View your security cameras, dim the lights, open the garage and more, all from the convenience of your bathroom mirror.
http://www.postscapes.com/diy-smart-mirrors/
So it’s kind of surprising that, even though the technology has existed for some years now, we haven’t seen a version of this product from any of the big names in touch-screen computers or the smart home (one early and expensive example, the Cybertecture Mirror, seems to have vanished from the market) — and it’s equally surprising that several attempts to crowdfund a smart mirror have failed to hit their funding targets.
http://www.digitaltrends.com/home/qaio-smart-mirrors/
Smart Home
Qaio smart mirrors give your bathroom a window on the world
A Newport Beach, California-based manufacturer of smart televisions and other consumer electronics is getting into the bathroom business with a new line of smart mirrors that offer users a lot more than just their reflection.
http://intelligenthomeblog.com/tech/the-best-smart-mirrors/
The Best Smart Mirrors For Your Smart Home
CREATIONS means “something that is created” and merely informs consumers that applicant’s products are created. As such, the mark merely describes applicant’s goods as being products created for smart homes. See additional evidence attached which confirms that the wording in the mark is used by third parties to describe smart home devices:
http://www.dailydot.com/debug/smart-home-buyers-guide/
Want to automate your coffee maker or build a treat dispenser for your cat or a garage door monitor? There are guides to walk you through the process. The Maker Hub on the littleBits website has thousands of how-tos—including a section dedicated to smart home creations—and if you play around with your kit and come up with something cool, you can upload your own hack.
http://www.parts-people.com/blog/2014/09/17/new-smart-remote-from-logitech-harmonizes-your-connected-home/ accessed 2018-12-13 at 9-02-46 am
The Harmony Line uses RF signals connected to your favorite smart coffee maker, for example, to send commands to your Hub using IR, Bluetooth or Wi-Fi. Many smart home creations work with Logitech's new line, including 270,000 devices already in Logitech's database
http://www.the-ambient.com/news/amazon-adds-music-podcasts-and-radio-to-alexa-routines-488
Just hours after we penned our guide to using Alexa Routines – and lambasted the inability to add music and audio to your carefully crafted smart home creations – Amazon added the feature.
The evidence above confirms that the wording in the mark merely informs consumers that applicant’s goods are smart home creations.
CONCLUSION
Because the mark immediately describes a feature of applicant’s goods, namely, that the goods are products created for smart homes, registration is refused under Section 2(e)(1).
SUPPLEMENTAL REGISTER ADVISORY
If applicant files an acceptable allegation of use and also amends to the Supplemental Register, the application effective filing date will be the date applicant met the minimum filing requirements under 37 C.F.R. §2.76(c) for an amendment to allege use. TMEP §§816.02, 1102.03; see 37 C.F.R. §2.75(b). In addition, the undersigned trademark examining attorney will conduct a new search of the USPTO records for conflicting marks based on the later application filing date. TMEP §§206.01, 1102.03.
Although applicant’s mark has been refused registration, applicant may respond to the refusal by submitting evidence and arguments in support of registration. However, if applicant responds to the refusal, applicant must also respond to the requirements set forth below.
IDENTIFICATION OF GOODS
International Class 009
The wording “Smart mirrors used to access, manage, and display digital content” is unclear as to the nature of the goods. Applicant must clarify the wording by specifying the components of the goods such that the goods are justified in Class 009.
International Class 020
The wording is acceptable as written.
Applicant may adopt the following identification, if accurate:
“Smart mirrors comprised primarily of computer hardware, software, firmware, and embedded electronics used to access, manage, and display digital content” in International Class 009; and/or
“Mirrors” in International Class 020
DESCRIPTION ADVISORY: Identifications of goods are examined in accordance with the Trademark Rules of Practice and the USPTO’s policies and procedures in effect on the date an application is filed (although an applicant may voluntarily choose to follow policies and procedures adopted after the application was filed). See 37 C.F.R. §2.85(e)(1)-(e)(2); TMEP §§1401.09, 1402.14. For guidance on drafting acceptable identifications of goods, use the USPTO’s online U.S. Acceptable Identification of Goods and Services Manual (ID Manual), which is continually updated in accordance with prevailing rules and policies. See TMEP §1402.04.
Please contact the assigned trademark examining attorney at Tasneem.hussain@uspto.gov 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 refusal(s) and/or requirement(s) 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.
To expedite prosecution of the application, applicant is encouraged to file its response to this Office action online via the Trademark Electronic Application System (TEAS), which is available at http://www.gov.uspto.report/trademarks/teas/index.jsp. If applicant has technical questions about the TEAS response to Office action form, applicant can review the electronic filing tips available online at http://www.gov.uspto.report/trademarks/teas/e_filing_tips.jsp and e-mail technical questions to TEAS@uspto.gov.
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.
/Ms. Tasneem Hussain/
Trademark Examining Attorney
Law Office 118
tasneem.hussain@uspto.gov (preferred)
571.272.8273
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.