To: | Revolution Environmental Solutions LP (ip@fredlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88200971 - TERRAPURE ENVIRONMENTAL - 81068.4.1 |
Sent: | August 30, 2019 05:47:52 PM |
Sent As: | ecom106@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88200971
Mark: TERRAPURE ENVIRONMENTAL
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Correspondence Address: |
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Applicant: Revolution Environmental Solutions LP
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Reference/Docket No. 81068.4.1
Correspondence Email Address: |
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SUSPENSION NOTICE
No Response Required
Issue date: August 30, 2019
The application is suspended for the reason(s) specified below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
Application suspended until submission of foreign registration or proof that foreign registration was renewed. Applicant is required to provide a copy of a foreign registration from applicant’s country of origin; the foreign registration must be valid when the U.S. registration issues. 15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii)-(iii); TMEP §§1004, 1004.01(a). Action on the application is suspended until the USPTO receives a copy of such foreign registration or proof that the foreign registration was renewed. TMEP §§716.02(b), 1003.04. Applicant must also provide an English translation if the foreign registration or renewal document is not in English. 37 C.F.R. §2.34(a)(3)(ii)-(iii).
If the foreign application abandons or the foreign registration is not renewed, applicant should promptly notify the trademark examining attorney. See TMEP §§1003.08, 1004.01(a). In such case, applicant may amend the application to rely on another filing basis, if appropriate, and will retain the priority filing date, if applicable. TMEP §§1003.08, 1004.01(a).
Refusal(s) and/or requirement(s) resolved and maintained and continued.
The following requirements are maintained and continued:
* Identification of goods and services requirements.
Specifically, the “water treatment” services in the International Class 40 wording “waste water and water treatment services” exceed the scope of the original identification of goods and services which did not encompass water treatment, but rather only waste water treatment. Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted goods and/or services may not later be reinserted. See TMEP §1402.07(e).
In addition, the term “management” in the wording “organic waste disposal services, namely, management of destruction of organic waste and conversion of organic waste into renewable natural gas and digestate, compost, soil amendment, soil conditioners, and fertilizers” in International Class 40 is indefinite because it is unclear whether the applicant is providing a business services or a processing service.
See TMEP §713.02. These requirements will be made final once this application is removed from suspension, unless a new issue arises. See TMEP §716.01.
The following requirements are obviated:
* The multiple class application requirements
* The disclaimer of “ENVIRONMENTAL”
See id.
Suspension process. The USPTO will periodically check this application to determine if it should remain suspended. See TMEP §716.04. As needed, the trademark examining attorney will issue a letter to applicant to inquire about the status of the reason for the suspension. TMEP §716.05.
No response required. Applicant may file a response, but is not required to do so.
/Martha L. Fromm/
Trademark Examining Attorney
United States Patent & Trademark Office
Law Office 106
571-272-9320
Martha.Fromm@USPTO.gov