To: | Streamlight, Inc. (docketclerk@ddhs.com) |
Subject: | U.S. Trademark Application Serial No. 88265947 - ORBITAL VISIBILITY - 0096-T04696U |
Sent: | July 25, 2019 07:44:19 PM |
Sent As: | ecom105@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88265947
Mark: ORBITAL VISIBILITY
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Correspondence Address: |
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Applicant: Streamlight, Inc.
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Reference/Docket No. 0096-T04696U
Correspondence Email Address: |
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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: July 25, 2019
This Office action is in response to applicant’s communication filed on June 10, 2019.
This Office Action is supplemental to the previous Office action issued on March 25, 2019 in connection with this application. Based on information and/or documentation in applicant’s response, the trademark examining attorney now issues the following new requirement:
- Requirement to amend identification of goods. See TMEP §§706, 711.02.
In a previous Office action(s) dated March 25, 2019, the trademark examining attorney refused registration of the applied-for mark based on the following:
- Trademark Act Section 2(d) for a likelihood of confusion with a registered mark;
The following is a SUMMARY OF ISSUES that applicant must address:
• NEW ISSUE: IDENTIFICATION OF GOODS
• NEW ISSUE:MULTIPLE-CLASS APPLICATION REQUIREMENTS
• CONTINUED AND MAINTAINED: SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION
Applicant must respond to all issues raised in this Office action and the previous March 25, 2019 Office action, within six (6) months of the date of issuance of this Office action. 37 C.F.R. §2.62(a); see TMEP §711.02. If applicant does not respond within this time limit, the application will be abandoned. 37 C.F.R. §2.65(a).
Applicant may substitute the following wording, if accurate:
International Class 9: Portable LED safety lighting devices for personal use for safety purposes, namely, portable battery-operated head-mounted, helmet or headwear mounted safety flashlights featuring safety lights for making the user visible to others
International Class 11: portable battery-operated head-mounted flashlights, namely, portable headlamps
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.
MULTIPLE-CLASS APPLICATION REQUIREMENTS
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least 2 classes; however, applicant submitted a fee(s) sufficient for only 1 class. Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
RESPONSE GUIDELINES
For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
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 nonfinal Office action
/Mark Peisecki/
Mark Peisecki
Trademark Examining Attorney
Law Office 105
(571) 270-5399
mark.peisecki@uspto.gov
RESPONSE GUIDANCE