UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

 

 

 

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: 3/1/2019

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issues below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

Search Results

 

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).

 

Summary of Issues

 

In response to this Office action, applicant must address the following issues:

 

·       Identification of goods and services requirement;

·       Multiple-class application requirements, if applicable.

 

Identification of Goods and Services

 

The identification of goods and services contains wording that must be clarified because it is indefinite vague or because it is too broad and could include items in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.

 

In particular, in International Class 9, the wording “rack mounting kits, namely, brackets, fasteners, trays, spacers, panels, connectors and cables” is too broad because it could include metal mounting hardware for general use, in International Class 6; mounting hardware especially adapted for goods in International Class 9, which is in International Class 9; or non-metal general purpose mounting hardware in International Class 20.  Applicant must clarify the nature of the mounting kits and classify them appropriately.

 

The wording “earphone wax guards” must be clarified by indicating whether the goods are, or are not, for medical use.  If not for medical use, they would be in International Class 9, but if they are for medical use, they would be in International Class 10.

 

The wording “audio upgrade card” must be clarified.  For instance, applicant may clarify that the goods are “sound cards,” if accurate.

 

The wording “antenna combiners” must be also be clarified, such as, for example, stating that the goods are electronic.

 

The wording “digital radiator” is too broad because it could encompass electronic items in International Class 9, such as radiation shields for electronic products; or heating products in International Class 11, such as a heating radiator with digital controls.

 

The wording “flush-mounts for audio equipment” must be clarified to indicate whether the goods are especially adapted for audio equipment in International Class 9; otherwise the goods could be in International Classes 6 or 20, as explained above.

 

The goods identifies as “tuners for electronic musical instruments” are classified incorrectly.  Applicant must amend the application to classify the goods in International Class 15 or delete these goods from the application.  See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b).

 

The wording “components, parts, and fittings of all of the foregoing” is too broad; applicant must list the common commercial name of the “components.”  Alternatively, applicant may amend the wording to “component parts and fittings of all of the foregoing,” which clarifies that the components are simply parts of the preceding goods.

 

In International Class 35, the wording “Providing information in the field of audio and electronic products all on-line via a global computer network” is too broad because it could include the provision of a wide variety of information, including consumer product information, in International Class 35; information about how to repair audio and electronic products, in International Class 37; or information about how to design such products, in International Class 42.

 

In International Class 37, applicant must clarify the subject of the repair and maintenance services; the wording “Repair and maintenance services for electronic equipment” is too vague.

 

In International Class 41, the wording “Providing information in the field of sound and music, all on-line via a global computer network” must be clarified because the subject matter of “sound” is too broad and could include information in multiple classes, including sound mixing or audio mastering in International Class 41 or acoustical architecture consulting in International Class 42.

 

Applicant may substitute the following wording, if accurate: 

 

International Class 9: Microphones; microphone cases and stands; wireless audio systems, comprising wireless microphones, wireless receivers, wireless transmitters, spectrum analyzers, wireless access point (wap) devices, ethernet switches, antenna distribution systems, antennas, microphone switches, audio cables, batteries, battery packs, and battery chargers; wireless transmitters; wireless receivers; microphones with enhanced radio frequency interference shielding capabilities; wireless microphones; wired microphones; microphone transducers; microphone cables; audio processors for the recording, transmission, amplification, reproduction, and processing of sound; microphone mixer; audio systems comprising microphones, wireless transmitters, and audio network interfaces; audio network interfaces; controls for audio receivers; preamplifiers; audio receivers; audio equipment for receiving wireless signals; electronic switchers for audio signals; transformers; coiled electric cord; microphone cartridges; microphone stands; amplifiers; audio conferencing consoles; digital signal processors; digital switching apparatus for use with audio devices; audio mixer output expanders; earphones; earphone sleeves; earphone cases; headphones; headsets for use with music players; headsets for use with telephones; headset sleeves; microphone booms; audio attenuators; electrical filters; electrical phase reversers; electronic tone generators; microphone adapters for video equipment; network interface adapters; computer software for digital signal processing; computer software for digital feedback reduction; computer software for monitoring and controlling wireless audio systems; cases for microphones and audio systems; microphone windscreens; microphone cables and cordsets; audio cables; power cables; microphone transformers; audio mixers; power amplifiers; audio amplifiers; wireless audio receivers; wireless audio transmitters; antennas; antenna distribution systems, namely, amplifiers, combiners and splitters; antenna cables; antenna splitters; rack mounting kits especially adapted for {specify Class 9 goods, e.g., computer hardware, sound recording and sound reproducing apparatus and instruments}, namely, brackets, fasteners, trays, spacers, panels, connectors and cables; microphone goosenecks; microphone anti-roll devices; audio connectors; wireless audio systems, namely, microphones, receivers, transmitters, power supplies, cables and antennas; audio equalizers; audio processors; audio feedback reducers; power supplies; hard wired and wireless audio monitor systems, namely, transmitters, receivers and earpieces; network interface systems, namely, interface modules, software for monitoring and control of wireless receivers and cables for wireless audio systems; microphone grilles; microphone mounts and adapters; microphone switches; mounts for attaching microphones or audio equipment to a user; microphone mounting brackets for use in live sound stage productions and live sound recording studios; wireless systems comprising audio transmitters and audio receivers for use with microphones and musical instruments; cables, namely, electronic cables, electric cables, connection cables, audio cables, power cables, instrument cables; multi-channel computer controlled audio digital signal processor; computer software to control and monitor the function of audio equipment; wireless audio systems, comprising wireless transmitters and wireless receivers; wireless systems, comprising uhf receivers, uhf body-pack transmitters, and handheld uhf transmitters; electro-acoustical devices-namely, microphones; earphone wax guards, not for medical use; cases for headphones; audio upgrade card, namely, a sound card; electronic antenna combiners; downloadable software for recording audio, editing audio, monitoring and controlling audio equipment; downloadable software for updating firmware and software of audio equipment; downloadable computer software for programming identification cards for audio conferencing; downloadable software for audio and video recording; software for integrating video and audio; software that automatically displays a video image of a person speaking for recording, broadcasting, and streaming applications; headsets for use with audio systems; audio channel selector; network charging station for audio transmitters; chargers for batteries; rechargeable batteries; Simultaneous interpretation receivers; digital radiator, namely, {specify goods in International Class 9, e.g., radiation shields for electronic products}; transceivers; audio transceivers; wireless access point transceivers; antenna cases; mounts for audio equipment; flush-mounts especially adapted for audio equipment; junction boxes; audio repeaters; video camera for video conferencing unit; guitar wireless system, namely, guitar cables, guitar pedal receivers, and guitar mounts; USB cables; USB charging cables for use in vehicles; microphone accessories, namely, color identification rings for microphones; protective cases for wireless transmitters; Software for configuring, managing, monitoring, and control of audio/visual conferencing equipment; software for use in controlling, configuring, managing, and personalizing audio for conferencing; audio conferencing system comprising audio conferencing console, microphones, loudspeakers, digital media receivers, simultaneous interpretation receivers, and headphones for conferencing; Digital conferencing system consisting of a central audio control unit, power extension unit, audio output unit, junction box, repeater unit, power inserter, software for configuring, managing, monitoring, and control of audio and visual conferencing equipment; digital audio discussion systems comprising microphones, loudspeakers, simultaneous interpretation receivers, and user control hardware; Wireless microphone systems comprising audio transmitter unit, microphone, transceiver, audio network interface device, and chargers for the aforementioned products; tuners for electronic musical instruments; kit consisting of microphones, microphone adapters, microphone mounts and power cables, and cases for microphones; and component parts and fittings of all of the foregoing

 

International Class 15: tuners for electronic musical instruments

 

International Class 35: Providing consumer product information in the field of audio and electronic products all on-line via a global computer network

 

International Class 37: Repair and maintenance services for electronic equipment, namely, {specify type of electronic equipment, e.g., audio equipment, computer hardware}

 

International Class 41: Providing information in the field of sound, namely, {specify field in Class 41, e.g., sound mixing, audio mastering} and music, all on-line via a global computer network; providing online blogs in the field of sound, music, and entertainment; providing non-downloadable webinars in the field of sound, music, and entertainment; entertainment services, namely, providing podcasts in the field of sound, music, and entertainment

 

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).

 

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.

 

Multiple-Class Application Requirements

 

The application identifies goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):

 

(1)       List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.

 

(2)       Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule).  The application identifies goods and/or services that are classified in at least 6 classes; however, applicant submitted a fee(s) sufficient for only 4 class(es).  Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.

 

See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).

 

See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.

 

Response Guidelines

 

For this application to proceed further, applicant must explicitly address each refusal and/or requirement in this Office action.  For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above.  For a requirement, applicant should set forth the changes or statements.  Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.

 

In addition, because applicant filed a TEAS RF application, applicant must respond online using the Trademark Electronic Application System (TEAS) to avoid incurring an additional fee.  See 37 C.F.R. §2.23(b)(1), (c). 

 

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.  

 

 

 

/April A. Hesik/

Examining Attorney

Law Office 124

(571) 272-4735

april.hesik@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 3/1/2019 FOR U.S. APPLICATION SERIAL NO. 88212898

 

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 3/1/2019 (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.