To: | Google LLC (tmdocketing@google.com) |
Subject: | U.S. Trademark Application Serial No. 88225400 - AMBIENT EQ - GT-1367-US-1 |
Sent: | October 21, 2019 03:16:50 PM |
Sent As: | ecom104@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88225400
Mark: AMBIENT EQ
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Correspondence Address:
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Applicant: Google LLC
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Reference/Docket No. GT-1367-US-1
Correspondence Email Address: |
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The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: October 21, 2019
This Office action is supplemental to and supersedes the previous Office action issued on June 19, 2019 in connection with this application. Based on information and/or documentation in applicant’s response, the trademark examining attorney now issues the following new refusal: specimen refusal. See TMEP §§706, 711.02.
In a previous Office action dated June 19, 2019, the trademark examining attorney refused registration of the applied-for mark based on Trademark Act Section 2(e)(1) for a merely descriptive mark. In addition, applicant was required to satisfy the following requirement: amend the identification of goods.
Based on applicant’s response, the trademark examining attorney notes that the following requirement has been satisfied: amend the identification of goods. See TMEP §713.02.
The following refusal has also been obviated: applicant’s amendment to the Supplemental Register has been accepted, thus the Section 2(e)(1) refusal has been obviated. See id.
The following is a SUMMARY OF ISSUES that applicant must address:
The identification of goods specifies a finished product. However, based on the specimen of use provided in the Amendment to Allege Use filed on October 7, 2019, the record indicates that the mark identifies a component or ingredient of the finished product rather than the finished product itself. See TMEP §1402.05(a). The application must accurately identify the specific goods with which applicant is using or intends to use the mark; thus, applicant must clarify the goods because of this inconsistency in the record. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.05(a).
Applicant must amend the identification to “(1) precisely set forth the common name of the component or ingredient, (2) indicate that the component or ingredient is sold as a component or ingredient of another finished product, and (3) set forth the common name of the finished product of which the identified component or ingredient forms a part.” TMEP §1402.05(a). The proper international class for such component or ingredient is the international class of the finished product. Id.
Further, the following suggested identification contains further guidance in bold and/or brackets. Applicant may adopt any or all of the suggestions in bold and/or brackets so long as they are accurate. Applicant should note that the brackets indicate where applicant must insert specific types of goods or services. The braces should NOT appear in the amended identification; only the specific goods or services inserted by applicant.
Applicant may adopt the following wording, if accurate:
Class 9: [specify common commercial name of component, e.g., optical sensors] sold as a component of electronic display interfaces; [specify common commercial name of component, e.g., optical sensors] sold as a component of electronic display interfaces for use with computers; computer software sold as a component of [further specify common commercial name of Class 9 goods, e.g., electronic display interfaces] for controlling computer and mobile device display screens; optical sensors in the nature of light sensors sold as a component of [further specify common commercial name of Class 9 goods, e.g., electronic display interfaces].
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.
QUESTIONS
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.
How to respond. Click to file a response to this nonfinal Office action
/Andrew Crowder-Schaefer/
Trademark Examining Attorney
Law Office 104
(571) 272-0087
andrew.crowderschaefer@uspto.gov
RESPONSE GUIDANCE