Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

NONFINAL OFFICE ACTION

 

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:  November 06, 2020

 

 Status of Case

 

The instant application was reviewed and approved by the undersigned examining attorney during the regular examination period, and was approved for publication on November 21, 2020. However, due to an external review, it was determined that additional changes to the language is necessary. Thus, the approval of publication was withdrawn on November 5, 2020

 

Upon further review, the following requirement is made.  The examining attorney regrets the untimely nature of the request.

 

In Class 9, the wording “entertainment robots for domestic use” and “entertainment robots for nursing care facilities” are indefinite and overbroad and must be clarified. Robots are classified based on their function, with the sole exception of “humanoid robots with artificial intelligence. Here, the identified robots provide functions that potentially identify robots in multiple classes, for example, humanoid robots with artificial intelligence for domestic use in the nature of entertainment in Class 9 and toy robots for entertainment in nursing care facilities in Class 28. 

 

In addition, the term “monitoring robots for household use and professional use excluding those for industrial, medical or hobby use” is unclear and must be clarified. The nature of what the robots are monitoring must be further clarified to properly classify the robots. For example, if the robots are in the nature of self-driving delivery robots that monitor traffic routes, the robots are classified in Class 12.  Please clarify the goods and, if necessary, reclassify the goods, as discussed herein.

 

Please note that the goods and services in Classes 28, 42, 44, and 45 are acceptable.

 

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.

 

Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Generally, any deleted goods and/or services may not later be reinserted.  See TMEP §1402.07(e).

 

How to respond.  Click to file a response to this nonfinal Office action.    

 

 

/Susan Leslie DuBois/

Examining Attorney

Law Office 111

571.272.9154

susan.dubois@uspto.gov

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on November 06, 2020 for

U.S. Trademark Application Serial No. 88254224

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

/Susan Leslie DuBois/

Examining Attorney

Law Office 111

571.272.9154

susan.dubois@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from November 06, 2020, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond

 

 

 

GENERAL GUIDANCE

·       Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·       Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·       Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”