To: | Sony Corporation (bhipdocket@bakerlaw.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88242032 - TRIPOROUS - 41279.3188 |
Sent: | 2/26/2019 2:56:53 PM |
Sent As: | ECOM111@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88242032
MARK: TRIPOROUS
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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: Sony Corporation
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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: 2/26/2019
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.
SEARCH OF OFFICE’S DATABASE OF MARKS
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).
INFORMALITY
Applicant must also respond to the requirement(s) set forth below.
IDENTIFICATION OF SERVICES
Applicant may substitute the following wording, if accurate:
“Chemicals, namely, carbon for industrial and pharmaceutical use; chemical agents for industrial use; chemical agents for use in the manufacture of pharmaceuticals; chemicals, namely, carbon used in the manufacture of cosmetics, toiletries, soaps, detergents, filtering and purifying media for water and cigarette smoke; carbides; chemical agents used in the manufacture of cosmetics, toiletries, soaps, detergents, filtering and purifying media for water and cigarette smoke; chemicals; industrial chemicals; glue and adhesives for industrial purposes; plant growth regulating preparations; fertilizers; higher fatty acids; nonferrous metals; non-metallic minerals; artificial sweeteners; Unprocessed plastics; [indicate pulp types, e.g., groundwood, sulphite, bast, etc.] pulp” in International Class 1.
“Nonferrous metals” in International Class 2.
“Cosmetics; non-medicated toiletries; antistatic preparations for household purposes; rust removing preparations; stain removing benzine; Laundry fabric conditioner; laundry bleach; breath freshening preparations; deodorants for animals; shoe cream; polishing preparations; [specify soap types, e.g., body, facial, bath, etc.] soaps and detergents; cosmetics, namely, shampoos; hair and scalp wash preparations; shaving soaps; facial washes; soaps for body care; non-medicated pet shampoos; dentifrices; hair rinses; hair styling preparations; cosmetic preparations for the hair and scalp; cosmetic preparations for body care; deodorants for body care; perfumes and colognes; Air fragrancing preparations” in International Class 3.
“Pharmaceutical agents affecting digestive organs, namely, pharmaceutical preparations for the cleansing of one's gastrointestinal tract, the cleansing of one's mouth cavity to remove unwanted bacteria, the prevention of stomach acid, and the regulation of one's intestines; hormones for medical purposes; pharmaceutical agents for epidermis, namely, anti-dermoinfective pharmaceutical preparations, antimicrobial pharmaceutical preparations for dermatologic use, and medicated soaps of Japanese pharmacopoeia; vitamin preparations; dietary and nutritional supplements for human consumption for medical purposes; nutritional food additives for medical purposes in the nature of natural food extracts derived from various fish, meat and vegetables; pharmaceutical agents affecting metabolism, namely, pharmaceutical enzyme preparations for the treatment of excess fat in one's body, and for the treatment of alcohol intoxication; tumor suppressing agents; antibiotic preparations; biological preparations for medical purposes, namely, antitoxins; biological preparations for medical purposes in the nature of pharmaceutical agents against parasites, namely, namely, pharmaceutical preparations used in treatment of protozoan infection; pharmaceutical preparations for use in [specify use, e.g., for treatment of chest pain, etc.]; air deodorant; car deodorant; deodorants for clothing or textiles; household deodorant; baby diapers; diapers for pets; disposable adult diapers; court plaster; bandages for dressings; dietary and nutritional supplements; dietetic beverages adapted for medical purposes; dietetic food adapted for medical purposes; Vitamin fortified beverages for babies; Vitamin fortified food for babies” in International Class 5.
Note;
The stated refusal refers to International Classes 1, 3 and 5 only and does not bar registration in the other classes.
ID MANUAL IS AVAILABLE ONLINE
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.
INSUFFICIENT FEE - ADDITIONAL FEE NEEDED FOR CLASS 2
Therefore, applicant must either (1) restrict the application to the number of classes covered by the fees already paid, or (2) submit the fees for each additional class.
The fee for adding classes to a TEAS Plus application through TEAS is $225 per class. See 37 C.F.R. §2.6(a)(1)(iv); TMEP §§819.03, 819.04. See more information regarding the requirements for maintaining the lower TEAS Plus fee and, if these requirements are not satisfied, for adding classes at a higher fee using regular TEAS.
Please call or email the assigned trademark examining attorney with questions about this Office action. Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the refusal(s) and/or requirement(s) in this Office action. See TMEP §§705.02, 709.06. Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
/Zachary Bello/
Attorney Advisor
Law Office 111
USPTO
571-272-9376
zack.bello@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.