To: | American Muscle Docks & Fabrication, LLC (nancytrudel.law@gmail.com) |
Subject: | U.S. Trademark Application Serial No. 88227858 - AMERICAN MUSCLE WELDING - N/A |
Sent: | September 30, 2019 03:53:24 PM |
Sent As: | ecom100@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88227858
Mark: AMERICAN MUSCLE WELDING
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Correspondence Address:
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Applicant: American Muscle Docks & Fabrication, LLC
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Reference/Docket No. N/A
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: September 30, 2019
Applicant must address the following remaining issue:
Identification and Classification of Goods/Services—continued
THE FOLLOWING REQUIREMENT APPLIES ONLY TO THE WORDING DISCUSSED HEREIN:
The amended wording “build-to-order metal and non-metal structures” requires clarification because it is indefinite as to the exact nature of the goods and/or services, and because it is too broad in that it could describe goods and/or services in more than one international class. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. In particular, this wording could encompass the goods metal shelter structures or non-metal shelter structures that have been made to order in Classes 6 or 19, or it could describe that applicant provides the services of constructing structures that are made to order in Class 37, etc.
Based on applicant’s current specimen of use, the following wording is suggested:
“Construction project management services in the field of welding, fabrication and repairs to buildings, structural works, platforms, catwalks, ladders and bridges; installation of equipment guards and safety guards, including handrails and guardrails; building construction services for others, namely, build-to-order metal and non-metal structures,” in International Class 37.
TMEP §§1402.01, 1402.03.
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.
Accordingly, the requirement for a definite and properly classified identification of services is continued.
Advisory: Partial Abandonment
If applicant does not respond to this Office action within the six-month period for response, the following wording in International Class 37 will be deleted from the application: “build-to-order metal and non-metal structures.” The application will then proceed with the following services in International Class 37 only: “Construction project management services in the field of welding, fabrication and repairs to buildings, structural works, platforms, catwalks, ladders and bridges; installation of equipment guards and safety guards, including handrails and guardrails.” See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
Assistance
If applicant has any questions or needs assistance in responding to this Office Action, please telephone or email the undersigned examining attorney.
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.
How to respond. Click to file a response to this nonfinal Office action
/Allison P. Schrody/
Attorney Advisor
Office of the Deputy Commissioner
for Trademark Examination Policy
allison.schrody@uspto.gov
(571) 272-5893
RESPONSE GUIDANCE