To: | Anker Innovations Limited (nyustmp@ladas.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88233553 - BASS UP - 1T18708029 |
Sent: | 3/18/2019 10:48:12 AM |
Sent As: | ECOM110@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 Attachment - 18 Attachment - 19 Attachment - 20 Attachment - 21 Attachment - 22 Attachment - 23 Attachment - 24 Attachment - 25 Attachment - 26 Attachment - 27 Attachment - 28 Attachment - 29 Attachment - 30 Attachment - 31 Attachment - 32 Attachment - 33 Attachment - 34 Attachment - 35 Attachment - 36 Attachment - 37 Attachment - 38 Attachment - 39 Attachment - 40 Attachment - 41 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88233553
MARK: BASS UP
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Anker Innovations Limited
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
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: 3/18/2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
Filing Basis
Applicant must properly sign and therefore verify the application in an affidavit or signed declaration under 37 C.F.R. §2.20. See 37 C.F.R. §§2.2(n), 2.33(a)-(b)(1), (c), 2.34(a)(1)(i); TMEP §804.02.
The following statements must be verified:
37 C.F.R. §§2.33(b)(1), (c), 2.34(a)(1)(i), 2.59(a). For more information about this, see the Verified statement webpage.
To provide these verified statements. After opening the correct TEAS response form, answer “yes” to wizard question #10, and follow the instructions within the form for signing. In this case, the form will require two signatures: one in the “Declaration Signature” section and one in the “Response Signature” section.
Disclaimer
In this case, applicant must disclaim the wording “BASS UP” because it is not inherently distinctive. These unregistrable term(s) at best are merely descriptive of an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s goods and/or services. See 15 U.S.C. §1052(e)(1); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012); TMEP §§1213, 1213.03(a).
The attached internet evidence shows that applicant’s goods are a feature of speakers which allow one to turn the bass up. For instance, the attached pages describing applicant’s goods state “Simply hit the "UP" button, and your tracks will play with an extra dose of bass.” BASS describes the subject of the goods per the attached internet pages. UP means “At or to a higher level of intensity, volume, or activity. ‘she turned the volume up’” or “With or to a greater intensity, pitch, or volume: turn the sound up.” See the attached dictionary pages. Thus, as applicant’s goods are used to turn up sound, specifically bass sound, the wording BASS UP is immediately descriptive.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “BASS UP” apart from the mark as shown.
For an overview of disclaimers and instructions on how to satisfy this issue using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
Identification of Goods
Certain wording in the identification of goods is indefinite and must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must amend the identification to specify the common commercial or generic name of the goods. See TMEP §1402.01. Additionally, the identification of goods specifies a finished product; however, the record indicates that the mark identifies a component or feature of the finished product rather than the finished product itself. See TMEP §1402.05(a). The application must accurately identify the specific goods and/or services 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.
Therefore, the following amendments are suggested:
For “Wireless headsets” the use of the goods must be defined. Applicant may state “Bass enhancing feature embedded within, and sold as a component of, wireless headsets for smartphones and cell phones.”
“Wired earphones;” may be stated “Bass enhancing feature embedded within, and sold as a component of, wired earphones.”
“USB dongles being wireless network adapters” may be stated “Bass enhancing feature embedded within, and sold as a component of, USB dongles being wireless network adapters;”
“Wireless network adapter; amplifiers; apparatus for recording, transmission or reproduction of sound; audio speakers; wireless headsets for smartphones; earphones and headphones; wireless transmitters and receivers; wireless adapters for computers and audio equipment; audio amplifiers; bass amplifiers; sound amplifiers; wireless network speakers;” may be acceptably stated: “Bass enhancing feature embedded within, and sold as a component of, wireless network adapter; Bass enhancing feature embedded within, and sold as a component of, amplifiers; Bass enhancing feature embedded within, and sold as a component of, apparatus for recording, transmission or reproduction of sound; Bass enhancing feature embedded within, and sold as a component of, audio speakers; Bass enhancing feature embedded within, and sold as a component of, wireless headsets for smartphones; Bass enhancing feature embedded within, and sold as a component of, earphones and headphones; Bass enhancing feature embedded within, and sold as a component of, wireless transmitters and receivers; Bass enhancing feature embedded within, and sold as a component of, wireless adapters for computers and audio equipment; Bass enhancing feature embedded within, and sold as a component of, audio amplifiers; Bass enhancing feature embedded within, and sold as a component of, bass amplifiers; Bass enhancing feature embedded within, and sold as a component of, sound amplifiers; Bass enhancing feature embedded within, and sold as a component of, wireless network speakers;”
“mobile applications for controlling wireless headsets, wired earphones, USB dongle being wireless network adapters, amplifiers, audio speakers, wireless headsets for smartphones, earphones and headphones, audio amplifiers, bass amplifiers, sound amplifiers, wireless network speakers, wireless transmitters and receivers, wireless adapters for computer and audio equipment, and apparatus for recording, transmission or reproduction of sound” may be stated “mobile applications for controlling bass in wireless headsets, wired earphones, USB dongle being wireless network adapters, amplifiers, audio speakers, wireless headsets for smartphones, earphones and headphones, audio amplifiers, bass amplifiers, sound amplifiers, wireless network speakers, wireless transmitters and receivers, wireless adapters for computer and audio equipment, and apparatus for recording, transmission or reproduction of sound”
Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended. See TMEP §1402.06(a)-(b). The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification. TMEP §§1402.06(b), 1402.07(a)-(b). Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted. 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.
Mark Description
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §2.191; TMEP §§709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
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.
/Daniel F. Capshaw/
Daniel F. Capshaw
Examining Attorney
Law Office 110
571-272-9356
daniel.capshaw@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.