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: 6/13/2019

 

This Office action is in response to applicant’s communication filed on May 30, 2019.

 

The requirement for an acceptable, amended identification is continued and maintained with respect to the following:

 

Class 1: raw materials, namely, surfactants, lubricants, solvents, and colorants for use in the manufacture of industrial products, consumer and household products; organic materials, namely, organic conducting, semiconducting, and insulating materials, organic light absorbing and emitting materials, organic fertilizers, and soil additives; organic polymers, namely, organic unprocessed polymer resins, electrical conducting polymer compositions; inactive ingredients, namely, anti-adherents, binders, coatings, disintegrants, fillers, sorbents, and emollients for use as an ingredient in the manufacture of pharmaceuticals;

 

Class 42: scientific and technological services, namely, consulting and data processing; research and development of chemicals, agro- and biochemical goods, raw organic materials, pharmaceuticals, medicines and pharmaceuticals, cosmetics, coatings, dyes, alloys, cleaning agents, foods, lubricants, fuels, pesticides formulations for others.

 

The second Class 42 item should be amended to the following for purposes of grammatical clarity: research and development for others of chemicals, agro- and biochemical goods, raw organic materials, pharmaceuticals, medicines and formulation of pharmaceuticals, cosmetics, coatings, dyes, alloys, cleaning agents, foods, lubricants, fuels, pesticides.

 

While applicant has complied with the requirement for information that was made in the previous action, the response does not provide sufficient information for the examining attorney to suggest an acceptable identification.

 

Requirement For Information

 

Applicant must respond to the following:

 

Class 1:

 

1. Regarding the following item: raw materials, namely, surfactants, lubricants, solvents, and colorants for use in the manufacture of industrial products, consumer and household products:

 

a. Are the surfactants anionic, cationic, or non-ionic?

b. Are the lubricants added into the products or are they used on the machinery used to make the products? The latter is classified in Class 4.

i. If the former, list the common commercial names of the lubricants.

Note: “solvents” is acceptable, and “colorants” are classified in Class 2.

 

2. Regarding the following item: organic materials, namely, organic conducting, semiconducting, and insulating materials, organic light absorbing and emitting materials, organic fertilizers, and soil additives:

 

a. Specify what the organic conducting materials are. For example, conductive paint is in Class 2, conductive fibers are generally in Class 9 and conductive tape for electromagnetic radiation shielding in electronic products is in Class 17.

b. Specify what the organic semiconducting materials are.

c. Specify what the organic insulating materials are.

d. Specify what the organic light absorbing materials are.

e. Specify what the organic light emitting materials are.

 

3. Regarding the following item: organic polymers, namely, organic unprocessed polymer resins, electrical conducting polymer compositions:

 

Are the “electrical conducting polymer compositions” polymers for electronic materials? If not, what are they used for?

Note: “organic unprocessed polymer resins” is acceptable.

 

4. Regarding the following item: inactive ingredients, namely, anti-adherents, binders, coatings, disintegrants, fillers, sorbents, and emollients for use as an ingredient in the manufacture of pharmaceuticals:

 

a. Are all of these goods chemical in nature?

b. Provide the commercial name of the anti-adherents, binders, coatings, disintegrants and fillers.

 

Class 42:

 

Regarding the following item: scientific and technological services, namely, consulting and data processing:

 

Specify the subject matter of the consulting services. For example, consulting in the field of manufacturing is in Class 40, and consulting in the field of engineering is in Class 42.

Note: data processing is classified in Class 35.

 

See 37 C.F.R. §2.61(b); TMEP §814.

 

Failure to comply with a request for information is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814. Merely stating that information about the goods and services is available on applicant’s website, or submitting weblinks without attaching the relevant pages, is an insufficient response and will not make the relevant information of record. See In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004).

 

TEAS RF Application Requirements

 

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 email correspondence address; and (3) agree to receive correspondence from the USPTO by email 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 email without incurring this additional fee.

 

Applicant is invited to contact the assigned examining attorney with any questions regarding this action.

 

/Katherine S. Chang/

Trademark Examining Attorney

Law Office 115

571.270.1528

katherine.chang@uspto.gov

 

 

 

TO RESPOND: Go to response forms and choose option #2. 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 TSDR. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact TrademarkAssistanceCenter@uspto.gov or call 800-786-9199. For more information on checking status, see status and documents.

 

TO UPDATE CORRESPONDENCE ADDRESS: Use the change of address form.

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 6/13/2019 FOR U.S. APPLICATION SERIAL NO. 88229725

 

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 6/13/2019 (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.