Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

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

 

 

 

FINAL OFFICE ACTION

 

If applicant does not timely respond within six months of the issue date of this final Office action, the following goods to which the final requirements apply will be deleted from the application by Examiner’s Amendment:    

 

automotive

                        International Class 5.

 

digital rear-view mirror; alarms and warning equipment; navigation, guidance and tracking devices, namely portable navigation devices and navigation systems for motor vehicles; intercoms systems; headsets; and parts and accessories for the aforesaid goods, namely wire, cables, mounting devices, connectors and chargers therefor

                        International Class 9.

 

37 C.F.R. §2.65(a); see 15 U.S.C. §1062(b).

 

In such case, the application will proceed for the following goods only:

 

“Air deodorizer; air purifying preparations; air deodorizing preparations; household deodorizers and air purifying preparations; car deodorizers; automobile deodorizers; automobile air deodorizers.”

                        International Class 5.

 

“Information technology and audio-visual, multimedia and photographic devices, namely, video cameras for recording areas in and around motor vehicles, back-up cameras, dashboard cameras, passenger compartment cameras, rear-view cameras; radios for vehicles; communications apparatus for vehicles, namely devices for hands free use of cellular telephones, communications network transceivers, microphones; multimedia connectors for vehicles.”

                        International Class 9.

 

“Parts and fittings for vehicles, namely, windshield sun shades, side window sun shades, rear window sun shades, steering wheel covers, fitted vehicle seat covers, seat pockets for attachment to vehicle seats; trunk pockets for attachment to vehicle trunks, cargo storage bins especially adapted to fit in vehicles, roof rack containers for vehicles, visor pockets for attachment to vehicle sun visors, seat belt pads; anti-glare and anti-glare and anti-dazzle devices for vehicles, namely sunshade extenders and blockers attachable to vehicle sun visors.”

                        International Class 12.

 

Respond using the Trademark Electronic Application System (TEAS) and/or Electronic System for Trademark Trials and Appeals (ESTTA).  A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action. 

 

Issue date:  October 28, 2019

 

INTRODUCTION

 

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

 

In a previous Office action dated March 28, 2019, applicant was required to satisfy the following requirements:  amend the identification of goods, disclaim descriptive wording in the mark.  Based on applicant’s response, the trademark examining attorney notes that the following requirement has been satisfied: disclaimer.  See TMEP §§713.02, 714.04. 

 

The trademark examining attorney maintains and now makes FINAL the requirement in the summary of issues below.  See 37 C.F.R. §2.63(b); TMEP §714.04.

 

SUMMARY OF ISSUES MADE FINAL that applicant must address:

 

• Identification of goods

 

IDENTIFICATION OF GOODS

The identification of goods is indefinite and must be clarified because the nature of the goods cannot be ascertained and accurately classified.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

Applicant has included the term “and/or” or “or” in the identification of goods and/or services.  However, this term is generally not accepted in identifications when (1) it is unclear whether applicant is using the mark, or intends to use the mark, on all the identified goods or services; (2) the nature of the goods and services is unclear; or (3) classification cannot be determined from such wording.  See TMEP §1402.03(a). 

 

An application must specify, in an explicit manner, the particular goods or services on or in connection with which the applicant uses, or has a bona fide intention to use, the mark in commerce.  See 15 U.S.C. §1051(a)(2), (b)(2); 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Therefore, applicant should replace “and/or” or “or” with “and” in the identification of goods or services, if appropriate, or rewrite the identification with the “and/or” or “or” deleted and the goods or services specified using definite and unambiguous language. 

 

Please note the correction of typographical errors.

 

Applicant may adopt the following identification, if accurate: 

 

“Air deodorizer; air purifying preparations; air deodorizing preparations; household deodorizers and air purifying preparations; car deodorizers; automotive automobile deodorizers; automobile air deodorizers.”

                        International Class 5.

 

“Information technology and audio-visual, multimedia and photographic devices, namely, video cameras for recording areas in and around motor vehicles, back-up cameras, dashboard cameras, passenger compartment cameras, rear-view cameras and digital rear-view mirror cameras; {specify type of alarm, e.g. burglar, personal security, theft} alarms and warning equipment, namely {specify equipment by their common commercial name, e.g. bells, breakdown warning triangles, triangles, electric lights, electronic horn, streamers}; navigation, guidance and tracking devices, namely portable GPS navigation devices and satellite-aided navigation systems for motor vehicles; radios for vehicles; communications apparatus for vehicles, namely devices for hands free use of cellular telephones, intercoms, systems, communications network transceivers, microphones and headsets for mobile telephones; multimedia connectors for vehicles and parts and accessories for the aforesaid goods, namely electric wire, power wires, electric cables, camera mounting devices, electrical connectors and battery chargers therefor.”

                        International Class 9.

 

“Parts and fittings for vehicles, namely, windshield sun shades, side window sun shades, rear window sun shades, steering wheel covers, fitted vehicle seat covers, seat pockets for attachment to vehicle seats; trunk pockets for attachment to vehicle trunks, cargo storage bins especially adapted to fit in vehicles, roof rack containers for vehicles, visor pockets for attachment to vehicle sun visors, seat belt pads; anti-glare and anti-glare and anti-dazzle devices for vehicles, namely sunshade extenders and blockers attachable to vehicle sun visors.”

                        International Class 12.

 

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).

 

PLEASE NOTE:  Applicant is encouraged to telephone or email (Tracy.Cross@uspto.gov) the trademark examining attorney to resolve the issues raised above, if a new class is not being added.  Formal responses are not accepted via email.  However, in this case, the examining attorney will issue an examiner’s amendment based upon the applicant’s informal email communication.

 

RESPONSE GUIDELINES

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 final Office action and/or appeal it to the Trademark Trial and Appeal Board (TTAB)

 

 

/Tracy Cross/

Examining Attorney

Law Office 109

(571) 272-9271

Tracy.Cross@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 October 28, 2019 for

U.S. Trademark Application Serial No. 88256628

 

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. 

 

 

/Tracy Cross/

Examining Attorney

Law Office 109

(571) 272-9271

Tracy.Cross@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 October 28, 2019, 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.”