UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

OFFICE ACTION

 

STRICT DEADLINE TO RESPOND TO THIS LETTER

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: 4/19/2019

 

 

The referenced application and the preliminary amendment dated February 20, 2019 have been reviewed by the assigned trademark examining attorney.  The amendments to the identification of goods and services set forth in the preliminary amendment are accepted.  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.

 

 

SEARCH OF OFFICE’S DATABASE OF MARKS

 

The trademark examining attorney has searched the USPTO’s database of registered and pending marks and has found no similar registered marks that would bar registration under Trademark Act Section 2(d).  TMEP §704.02; see 15 U.S.C. §1052(d).  However, marks in prior-filed pending applications may present a bar to registration of applicant’s mark.

 

 

SUMMARY OF ISSUES:

• Prior-Filed Applications
• Identification of Goods and Services
• Multiple-Class Application – Advisory
• Option to Delete Dual Filing Bases

 

 

PRIOR-FILED APPLICATIONS

 

The filing dates of pending U.S. Application Serial Nos. 87228246, 87380898, and 88288526 precede applicant’s filing date.  See attached referenced applications.  If one or more of the marks in the referenced applications register, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion with the registered mark(s).  See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq.  Therefore, upon receipt of applicant’s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced applications.

 

In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the marks in the referenced applications.  Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.

 

However, applicant must respond to the requirement(s) set forth below.

 

 

IDENTIFICATION OF GOODS AND SERVICES

 

The identification of goods and/or services contains parentheses.  Generally, applicants should not use parentheses and brackets in identifications in their applications so as to avoid confusion with the USPTO’s practice of using parentheses and brackets in registrations to indicate goods and/or services that have been deleted from registrations or in an affidavit of incontestability to indicate goods and/or services not claimed.  See TMEP §1402.12.  The only exception is that parenthetical information is permitted in identifications in an application if it serves to explain or translate the matter immediately preceding the parenthetical phrase in such a way that it does not affect the clarity or scope of the identification, e.g., “fried tofu pieces (abura-age).”  Id.

 

Therefore, applicant must remove the parentheses from the identification and incorporate any parenthetical or bracketed information into the description of the goods and/or services.

 

Further, applicant is advised to delete or modify the duplicate entry in the identification of goods in International Classes 7 and 9 for “solar power generating apparatus.”  See generally TMEP §§1402.01, 1402.01(a).  If applicant does not respond to this issue, be advised that the USPTO will remove duplicate entries from the identification prior to registration.

 

If modifying one of the duplicate entries, applicant may amend it 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.  Also, generally, any deleted goods and/or services may not later be reinserted.  TMEP §1402.07(e).

 

In addition, particular wording in the identification of goods is indefinite and must be clarified because it does not clearly specify the nature of the goods.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant must amend this wording to specify the common commercial or generic name of the goods.  See TMEP §1402.01.  If the goods have no common commercial or generic name, applicant must describe the product, its main purpose, and its intended uses.  See id.  Suggestions and further explanation detailed below.

 

Particular wording in the identification of services is also indefinite and must be clarified because it does not clearly specify the nature of the services.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant must amend this wording to specify the common commercial or generic name of the services.  See TMEP §1402.01.  If the services have no common commercial or generic name, applicant must describe or explain the nature of the services using clear and succinct language.  See id.  Suggestions and further explanation detailed below.

 

The identification of goods and/or services in the application also includes unacceptably broad wording from the class heading of one or more international classes that must be clarified.  See 37 C.F.R. §2.32(a)(6); TMEP §§1401.02(a), 1401.08.  The USPTO considers class headings, whose sole purpose is to indicate the subject matter and general scope of each international class of goods and/or services, to be too broadly worded to identify goods and/or services in a U.S. application.  See In re Societe Generale des Eaux Minerales de Vittel S.A., 1 USPQ2d 1296, 1298-99 (TTAB 1986), rev’d on other grounds, 824 F.2d 957, 3 USPQ2d 1450 (Fed. Cir. 1987); TMEP §§1401.02(a), 1401.08, 1402.01 et seq., 1402.07(a).  For example, the wording “Apparatus for lighting” in International Class 7 is broad enough to encompass “strobe light apparatus for use in professional quality photography” in International Class 9 and “television studio lighting apparatus” in International Class 11.  Further, the wording “signaling…apparatus and instruments” in International Class 9 encompasses “signal whistles” in International Class 9 and “direction signals for vehicles” in International Class 12. 

 

For amendments to identifications consisting of class headings, the scope of the identification is limited to the ordinary meaning of the words in the heading.  See In re Fiat Grp. Mktg. & Corp. Commc’ns S.p.A, 109 USPQ2d 1593, 1598 (TTAB 2014); TMEP §§1402.06(a), (b), 1402.07(a).  Accordingly, applicant must amend the class heading(s) to identify specific goods and/or services that fall within the ordinary meaning of the words specified in the class heading(s).  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.06(a), (b), 1402.07(a).  Suggestions documented below.

 

Further, 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).  In this case, the wording “installation or adjustment of antennas” and “geological surveys or research” in International Class 42 does not make clear whether applicant is using the mark, or intends to use the mark, on all the identified services. 

 

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. 

 

Applicant must also clarify the wording “dispensing machines” in the identification of goods in International Class 7 because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods in more than one international class.  For example, “dispensing machines in the nature of vending machines for candy” are in International Class 7 and “ice dispensing machines” are in International Class 11.  Suggestions documented below.

 

The wording “drums (parts of machines)” in the identification of goods in International Class 7 must also be clarified because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods in more than one international class.  For example, “electronic drum triggers” are in International Class 9 and “drum pedals” are in International Class 15.  This wording does not appear to identify goods in International Class 7.  Suggestions documented below.

 

The wording “apparatus for use in processing food” in the identification of goods in International Class 7 must also be clarified because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods in more than one international class.  For example, “electric food processors” are in International Class 7 and “hand-operated food processors” are in International Class 8.  Suggestions documented below.

 

Applicant has classified “plant growth chambers and incubators for agricultural purposes” in International Class 7; however, the proper classification is International Class 9.  Applicant may respond by reclassifying these goods in International Class 9.  See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq. 

 

Applicant has also classified “static electricity eliminators” in International Class 7; however, the proper classification is International Class 9.  Applicant may respond by reclassifying these goods in International Class 9.  See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq. 

 

The wording “parts of electric switches” in the identification of goods in International Class(es) 9 must also be clarified because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods in more than one international class. 

 

However, while the word “parts” alone is generally unacceptable for the reasons identified above, the wording “replacement parts therefor” or “structural parts therefor” is acceptable when it follows a definite identification of goods.  See TMEP §1402.03(a). 

 

The identification for software in International Class 9 is indefinite and must be clarified by amending to specify the purpose or function of the software.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.03(d).  If the software is content- or field-specific, applicant must also specify its content or field of use.  See TMEP §1402.03(d).  The USPTO requires such specificity in identifying computer software in order for a trademark examining attorney to examine the application properly and make appropriate decisions concerning possible conflicts between the applicant’s mark and other marks.  See In re N.A.D. Inc., 57 USPQ2d 1872, 1874 (TTAB 2000); TMEP §1402.03(d).

 

The following are examples of acceptable identifications for software in International Class 9:  “downloadable mobile applications for managing bank accounts,” “desktop publishing software,” “tax preparation software.”

 

The wording “warning apparatus and instruments” in the identification of goods in International Class 9 must also be clarified because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods in more than one international class.  For example, “warning apparatus and instruments, namely, fire alarms” are in International Class 9 and “warning apparatus and instruments, namely, warning horns for automobiles” are in International Class 12.  Suggestions documented below.

 

The wording “anti-theft warning apparatus” in the identification of goods in International Class 9 must also be clarified because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods in more than one international class.  For example, “anti-theft warning apparatus, namely, burglar alarms” are in International Class 9 and “anti-theft warning apparatus for motor cars” are in International Class 12.  Suggestions documented below.

 

The wording “buzzers” in the identification of goods in International Class 9 must also be clarified because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods in more than one international class.  For example, “electric buzzers” are in International Class 9 and “toy hand buzzers for playing jokes” are in International Class 28.  Suggestions documented below.

 

The identification for “video surveillance systems” in International Class 9 is also indefinite and too broad and must be clarified because the wording does not make clear the nature of the specific systems and could identify goods in more than one international class.  See 37 C.F.R. §2.32(a)(6); TMEP §1401.05(d).  For example, “lawn-care systems comprised of herbicides, pesticides, and lawn sprinklers” are in International Class 5, and “lawn-care systems comprised of lawn mowers and herbicides” are in International Class 7.

 

Applicant must clarify the goods by (1) describing the nature, purpose, or use of the system; and (2) listing the system’s parts or components, using common generic terms and referencing the primary parts or components of the system first.  See 37 C.F.R. §2.32(a)(6); TMEP §§1401.05(d), 1402.01, 1402.03(a).  Additionally, this wording should be classified in the same international class as the primary parts or components of the system.  See TMEP §1401.05(d). 

 

The wording “electronic security key cabinets” in the identification of goods in International Class 9 must also be clarified because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods in more than one international class.  For example, “cabinets” are general classified in International Class 20, however, “control cabinets specially adapted for electronic security keys” are in International Class 9.  Suggestions documented below.

 

The wording “projectors” in the identification of goods in International Class 9 must also be clarified because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods in more than one international class.  For example, “video projectors” are in International Class 9 and “laser light projectors” are in International Class 11.  Suggestions documented below.

 

The wording “printers for computers” in the identification of goods in International Class 9 must also be clarified because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods in more than one international class.  For example, “3D printers for computers” are in International Class 7 and “document printers for computers” are in International Class 9.  Suggestions documented below.

 

The wording “sensors” in the identification of goods in International Class 9 must also be clarified because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods in more than one international class.  For example, “electric sensors” are in International Class 9 and “sensors for land vehicles, namely, electric power steering torque sensors, sold as a component of the power steering system” are in International Class 12.  Suggestions documented below.

 

The wording “laser marking device” in the identification of goods in International Class 9 must also be clarified because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods in more than one international class.  For example, “laser marking devices, namely, laser machines for marking fabric designed for installation directly above embroidery machines” are in International Class 7 and “laser marking devices, namely, laser machines designed for marking optical lenses for eyeglasses” are in International Class 9.  Suggestions documented below.

 

The wording “image processors” in the identification of goods in International Class 9 must also be clarified because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods in more than one international class.  For example, “raster image processors” are in International Class 9 and “medical image processors” are in International Class 10.  Suggestions documented below.

 

The wording “light-emitting diode packages” in the identification of goods in International Class 9 must also be clarified because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods in more than one international class.  For example, “packages of light emitting diodes (LEDs)” are in International Class 9 and “light-emitting diode packages comprising light emitting diodes (LED) lighting installations” are in International Class 11.  Suggestions documented below.

 

Applicant has classified “light emitting diode modules” in International Class 9; however, the proper classification is International Class 11.  Applicant may respond by reclassifying these goods in International Class 11.  See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq. 

 

The wording “ionization apparatus, not for the treatment of air or water” in the identification of goods for International Class 9 must be clarified because it is too broad and could include goods in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  In particular, this wording could encompass “ionization apparatus for the treatment of liquids and gases for industrial, commercial or agricultural use” in International Class 11.

 

Applicant has classified “motion sensitive security lights” in International Class 11; however, the proper classification is International Class 9.  Applicant may respond by reclassifying these goods in International Class 9.  See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq. 

 

The wording “lanterns” in the identification of goods in International Class 11 must be clarified because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods in more than one international class.  For example, “optical lanterns” are in International Class 9 and “lanterns for lighting” are in International Class 11.  Suggestions documented below.

 

Applicant has classified “indicator lights” in International Class 11; however, the proper classification is International Class 9.  Applicant may respond by reclassifying these goods in International Class 9.  See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq. 

 

The wording “electric cooking utensils” in the identification of goods in International Class 11 must also be clarified because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods in more than one international class.  For example, “electrically-powered kitchen appliance for dicing, mincing, slicing and chopping food” are in International Class 7 and “electric griddles and frypans” are in International Class 11.  Suggestions documented below.

 

The wording “worktops being parts of kitchens sinks and ranges” in the identification of goods in International Class 11 must also be clarified because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods in more than one international class.  For example, “worktops” are generally classified in Class 20, however, “worktops sold together with and as a component part of kitchen sinks and ranges” are in International Class 11.  Suggestions documented below.

 

The wording “shower apparatus” in the identification of goods in International Class 11 must also be clarified because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods in more than one international class.  For example, “shower heads” are in International Class 11 and “shower hoses” are in International Class 17.  Suggestions documented below.

 

The wording “bathroom installations” in the identification of goods in International Class 11 must also be clarified because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods in more than one international class.  For example, “bathroom installations, particularly, bath installations” are in International Class 11 and “bathroom installations, namely, bathroom vanities” are in International Class 20.  Suggestions documented below.

 

The wording “repair” in the identification of services in International Class 37 must also be clarified because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the services are.  Further, this wording could identify services in more than one international class.  For example, “cabinet repair” are in International Class 37 and “repair of computer software” are in International Class 42.  Suggestions documented below.

 

The wording “installation services” in the identification of services in International Class 37 must also be clarified because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the services are.  Further, this wording could identify services in more than one international class.  For example, “tile installation services” are in International Class 37 and “computer software installation services” are in International Class 42.  Suggestions documented below.

 

The wording “construction” in the identification of services in International Class 37 must also be clarified because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the services are.  Further, this wording could identify services in more than one international class.  For example, “building construction” are in International Class 37 and “construction drafting” are in International Class 42.  Suggestions documented below.

 

The wording “construction information” in the identification of services in International Class 37 must also be clarified because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the services are.  Further, this wording could identify services in more than one international class.  For example, “providing information pertaining to procurement, buying, selling and tendering information and opportunities relating to construction via the internet” are in International Class 35 and “building construction information” are in International Class 37.  Suggestions documented below.

 

The wording “rental of drying machines” in the identification of services in International Class 37 must also be clarified because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the services are.  Further, this wording could identify services in more than one international class.  For example, “rental of dish drying machines” are in International Class 37 and “rental of nail drying machines” are in International Class 44.  Suggestions documented below.

 

The wording “designing” in the identification of services in International Class 42 must also be clarified because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the services are.  Further, this wording could identify services in more than one international class.  For example, “designing and developing insurance policies for others” are in International Class 36 and “designing and creating websites for others” are in International Class 42.  Suggestions documented below.

 

The wording “computer system…maintenance” and “maintenance of computer systems” in the identification of services in International Class 42 must also be clarified because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the services are.  Further, this wording could identify services in more than one international class.  For example, “maintenance of computer hardware systems” are in International Class 37 and “maintenance of computer software systems” are in International Class 42.  Suggestions documented below.

 

The wording “computer system…installation” in the identification of services in International Class 42 must also be clarified because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the services are.  Further, this wording could identify services in more than one international class.  For example, “installation of computer systems” are in International Class 37 and “installation of software for computer systems” are in International Class 42.  Suggestions documented below.

 

The wording “computer system technical support services” in the identification of services in International Class 42 must also be clarified because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the services are.  Further, this wording could identify services in more than one international class.  For example, “technical support services, namely troubleshooting in the nature of the repair of computer hardware systems” are in International Class 37 and “technical support services, namely troubleshooting in the nature of diagnosing computer hardware and software systems problems” are in International Class 42.  Suggestions documented below.

 

The wording “cloud computing” in the identification of services in International Class 42 must also be clarified because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the services are.  Further, this wording could identify services in more than one international class.  For example, “promoting the use of the security assurance best practices of others in the field of cloud computing” are in International Class 35 and “cloud computing featuring software for use in database management” are in International Class 42.  Suggestions documented below.

 

The wording “conducting surveys on energy consumption and providing information thereof” in the identification of services in International Class 42 must also be clarified because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the services are.  Further, this wording could identify services in more than one international class.  For example, “conducting consumer surveys on energy consumption and providing information thereof” are in International Class 35 and “conducting engineering surveys on energy consumption and providing information thereof” are in International Class 42.  Suggestions documented below.

 

The wording “consultancy and information in the field of energy saving and efficiency” in the identification of services in International Class 42 must also be clarified because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the services are.  Further, this wording could identify services in more than one international class.  For example, “consultancy and information in the fields of energy consumption and usage conservation to save energy and improve energy efficiency” are in International Class 35 and “technical consultancy in the field of energy measurement to improve energy saving and efficiency” are in International Class 42.  Suggestions documented below.

 

Applicant may substitute the following wording, if accurate (suggested changes in bold): 

 

Class 6:  Steel utility poles for electric lines {reworded and moved from International Class 9}

 

Class 7:  Machines and machine tools for the cutting and forming of materials {this wording is indefinite – please indicate the specific type of machines and machine tools}; power-driven hand-held tools, namely, power-driven saws and wrenches {this wording is indefinite – please specify the type of power-driven hand tools}; motors and engines, except for land vehicles (except for land vehicles); machine coupling and transmission components, except for land vehicles (except for land vehicles); agricultural implements, other than hand-operated namely, coulters, hay balers, incorporators, seed drills {this wording is indefinite – please specify the type of agricultural implements}; incubators for eggs; automatic vending machines; electric welding machines {this wording is indefinite – please specify the type of welding machines}; industrial robots; soldering apparatus, gas-operated; soldering apparatus, electric; flip chip mounting machines for the manufacture of electric, electronic and semiconductor devices and components {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic name of the goods}; semiconductor manufacturing apparatus and machines; electric arc welding machines and apparatus; cutting machines; metal cutting machines and apparatus; power-operated electronic component placement machines and apparatus {this wording is indefinite – please specify that the machines are power-operated}; power-operated electronic component insertion machines and apparatus {this wording is indefinite – please specify that the machines are power-operated}; envelope feeders for machines {this wording is indefinite – please specify the type of feeders}; electronic component feeding machines and apparatus; textile bonding machines {this wording is indefinite – please specify the type of bonding machines}; bicycle assembly machines {this wording is indefinite – please specify the type of assembly machines}; laser processing machines and apparatus; engraving machines; condensing installations, namely, air condensers {this wording is indefinite – please specify the type of condensing installations}; hand-held electric-powered food processors hand-held tools {this wording is indefinite – please specify the type of electric power hand-held tools}; chucks for power drills; grinding machines for metalworking {this wording is indefinite – please specify the type of grinding machines}; saws machines (machines); blades for electric power tools; heat exchangers being parts of machines (parts of machines); extracting machines for chemical processing {this wording is indefinite – please specify the type of extracting machines}; dispensing machines in the nature of vending machines for candy; printing machines; 3D printers; electric motors, other than for land vehicles (other than for land vehicles); driving motors other than for land vehicles; electricity generators; wind-powered electricity generators; AC generators (alternators); solar-powered electricity generators generating apparatus {this wording is indefinite because the because the nature of the goods is unclear – please specify the common commercial or generic name of the goods}; centrifugal blowers; axial flow blowers; reduction gears other than for land vehicles (other than for land vehicles); power-operated lifting machines moving drilling rigs {this wording is indefinite – please specify the type of lifting machines}; elevators (lifts); electric door openers; automatic door apparatus, (electric) namely, electric door openers {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic name of the goods}; curtain drawing devices, electrically operated; electric washing machines for household purposes {this wording is indefinite because it does not specify whether the electric washing machines are for household or industrial purposes}; clothes washing machines (laundry) {this wording is indefinite – please specify the type of washing machines}; dish washing machines; drums (parts of machines) {reworded and moved to International Class 9}; compressors for machines (machines); pumps for machines; electric pumps; mixing machines; die-cutting machines; food chopping machines for commercial use {this wording is indefinite – please specify the type of chopping machines}; food mixing machines; food cutting machines for commercial use {this wording is indefinite because it does not specify what the food cutting machines are used for}; food chopping machines being electrically-powered kitchen appliances for chopping food {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic name of the goods}; apparatus for use in processing food, namely, electric food processors; electric hand-held mixers for household purposes {amended for clarity}; electric food processors for household use; electric coffee mills; electric food blenders for household purposes {this wording is indefinite – please specify the type of electric blenders}; electric juicers for household purposes; electric meat grinders for household purposes; rice polishing machines; electric ice crushers; garbage disposals; electric floor cleaning machines and apparatus for cleaning, electric {this wording is indefinite – please specify the type of machines for cleaning}; electric vacuum cleaners; electric floor polishers; blowing machines for the compression, exhaustion and transport of gas {this wording is indefinite – please specify the type of blowing machine}; air suction machines; dust filters and bags for vacuum cleaners; electric dust collecting machines for chemical processing {this wording is indefinite – please specify the type of electric dust collecting machines}; apparatus for aerating water; packaging machines; filters for motors and engines; gas filters for engines; vending machines; beverage dispensers for in the nature of vending machines {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic name of the goods}; agricultural seed planting machines {this wording is indefinite – please specify the type of agricultural machines}; plant growth chambers and incubators for agricultural purposes {these goods are misclassified and properly classified in International Class 9}; composting machines; chemical supplying apparatus for use in production lines, namely, presses for chemical processing {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic name of the goods}; exhaust gas treatment apparatus systems for diesel engines {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic name of the goods}; machines for manufacturing urethane foaming machines {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic name of the goods}; painting and coating machines; apparatus for disposal and recovery of waste products and scraps, namely, waste and trash separator machines {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic name of the goods}; static electricity eliminators {these goods are misclassified and properly classified in International Class 9}; mineral water making machines {reworded and moved from International Class 11}; bubble making machines for bubble bath {reworded and moved from International Class 11}; cooling water circulation apparatus, namely, circulating pumps {reworded and moved from International Class 11}; parts and fittings for all the aforesaid goods

 

Class 9:  Scientific apparatus and instruments, namely, ultra-high vacuum chambers {this wording must be amended because it is unacceptable wording from the class heading},; nautical and photographic apparatus and instruments, namely, underwater housings for camera, underwater enclosures for cameras and underwater enclosures for photographic lenses {this wording must be amended because it is unacceptable wording from the class heading},;  surveying instruments,; photographic viewfinders {this wording must be amended because it is unacceptable wording from the class heading},; cinematographic machines and apparatus,; optical instruments and apparatus, namely, optical inspection apparatus {this wording must be amended because it is unacceptable wording from the class heading},; weighing apparatus and instruments,; measuring apparatus and instruments for measuring temperature and humidity levels in gases and solid substances {this wording must be amended because it is unacceptable wording from the class heading},; signaling apparatus and instruments, namely, signal whistles {this wording must be amended because it is unacceptable wording from the class heading},; checking (supervision) apparatus and instruments, namely apparatus for checking flight parameters {this wording must be amended because it is unacceptable wording from the class heading},;  life-saving apparatus and instruments, namely, life-saving rafts {this wording must be amended because it is unacceptable wording from the class heading}; and teaching apparatus and instruments, namely, blocks used as teaching aids for visualization of math concepts {this wording must be amended because it is unacceptable wording from the class heading},; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; blank magnetic data carriers {this wording is indefinite – please specify whether the magnetic data carriers are blank or prerecorded and if prerecorded the subject matter of the recording}, blank recording discs {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic name of the goods}; compact discs, DVDs {this wording is indefinite – please specify whether the compact discs are  blank and whether the DVDs are blank and recordable and if not blank and/or recordable please specify the subject matter of the compact  disc and DVDs} and other digital recording media, namely, downloadable MP3 files and MP3 recordings featuring music {this wording is indefinite – please specify the type of digital recording media}; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; downloadable computer software for processing digital images; fire-extinguishing apparatus; cameras; flashlights (photography) for use in photography; digital still cameras; batteries; electric accumulators; battery chargers; solar batteries; solar power generating apparatus {please delete or modify duplicate entry}; solar cell modules for electricity generation; electric converters; electric converters for use with solar power generators; solar panels for electricity generation; electric wiring devices and instruments in the nature of sockets, switches, and controllers {this wording is indefinite – please specify the nature of the electric wiring devices and instruments}; sensor switches, namely, electronic proximity sensors and switches {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic name of the goods}; electrical connectors; electric switches; electric sockets; dimmer switches being electric light dimmers {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic names of the goods}; time switches; passive infrared sensor switches; magnetic electrical switches {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic names of the goods}; photoelectric switches; canopy electrical switches installed in the canopy of a ceiling fixture {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic names of the goods}; electric operating switches {amended for clarity}; electric light dimmers {this wording is indefinite because the nature of the goods is unclear – please specify that the light dimmers are electric}; card operated electric switches; structural parts of electric switches; switchboards; electric switch boxes; electric cables; electricity conduits of metal; electricity conduits; electricity conduits of plastic; electricity electrical ducts {amended for clarity}; floor ducts for electric cables; electric cable racks; electric wiring systems comprising electricity ducts, and electric cables and plugs; lighting ballasts; circuit breakers; electro-magnetic switches, namely, electric relays {amended for clarity}; electric circuit protectors being circuit overload protector devices {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic names of the goods}; thermal surge protectors; earth leakage circuit breakers; power distributing boxes; electrical outlets; frames in the nature of electric outlet covers for fixing electrical outlets {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic name of the goods}; power strips; floor-mounted electrical outlets; electric floor outlets; electric wiring devices in the form of floor panels being floor sockets {this wording is indefinite because the nature of the goods is unclear – please clarify the nature of the goods using the common commercial or generic name of the goods}; underfloor electric wiring devices, namely electrical receptacles {this wording is indefinite – please specify the type of underfloor electric wiring devices}; electrical plugs; current converters; electrical outlet plates; aerials; distribution boards (electricity) in the nature of electrical circuit boards {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic names of the goods}; control cabinets specially adapted for distribution boards in the nature of electrical circuit boards; electric control panels (electricity); electronic indicator panels {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic names of the goods}; attendance indicator panels; electrical terminals boxes (electricity) {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic names of the goods}; electrical terminals blocks for television sets {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic names of the goods}; indicator lights; signalling lamps in the nature of rotating lights {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic names of the goods}; holding parts for fixing telephone wires leaded to walls; modular jacks for telephones in the nature of electrical connectors {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic names of the goods}; electrical adaptors; earth terminals; electrical power extension cords; modular jacks for networks in the nature of electrical connectors {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic names of the goods}; electric wiring ducts, namely, electrical ducts {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic name of the goods}; steel poles being accessories for electrical equipment, for electrical wires and cables {indefinite and misclassified – properly classified in International Class 6}; warning apparatus and instruments, namely, fire alarms; video intercoms; intercoms; gas leak alarms for the detection of gas leaks {amended for clarity}; anti-theft warning apparatus, namely, burglar alarms; electronic glass break detectors for security purposes {this wording is indefinite because the nature of the goods is unclear – please specify that the goods are electronic glass break detectors}; passive infrared detectors; infrared detectors; electric door chimes; radio receivers and transmitters; radio receivers and transmitters for fire alarms; electric buzzers; fire alarms; fire detectors; fire sound alarms; electric control panels for equipment for use in exhaustion and protection of fire and smoke {this wording is indefinite – please specify the type of control panels}; fire emergency alarms {this wording is indefinite – please clarify the nature of the emergency alarms}; automated emergency notification equipment for fire and anti-intrusion alarms, namely, equipment in the nature of a data processor and a user input device for connecting the data processor to an emergency response entity through a communication network and allowing audio and data communication between the processor and the entity {this wording is indefinite – please clearly specify the nature of the emergency notification equipment}; electric warning lights; electric locks; video surveillance systems comprising a video camera and microphone; camera containing a linear image sensors for anti-intrusion alarm systems {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic name of the goods}; control cabinets specially adapted for electronic security keys cabinets; access control devices electronic apparatus and devices for controlling access to pay-television services {this wording is indefinite – please specify the type of access control devices}; face recognition equipment for access controls; surveillance cameras; communication and surveillance systems for buildings; illuminated exit signs; apparatus and instruments for remote monitoring, namely, a remote video monitoring system consisting primarily of a camera and video monitor for recording and transmitting images to a remote location {this wording is indefinite – please specify the type of apparatus and instruments for remote monitoring}; apparatus and instruments for remote controlling, namely, computer hardware for remotely controlling lighting devices within a building {this wording is indefinite – please specify the type of apparatus and instruments for remote controlling}; communication and monitoring appliances in the nature of intercoms and electronic video surveillance installations for buildings {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic name of the goods}; liquid crystal displays; video projectors; camcorders; electronic display boards; light emitting diode displays; video surveillance cameras; downloadable electronic publications in the nature of ebooks and ezines in the field of science and technology {this wording is indefinite – please specify the nature of the downloadable electronic publications and the subject matter}; communication apparatus for the transmission of communication {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic name of the goods}; global positioning system (GPS) apparatus; electric wire panels having wiring connections for connecting computer hardware and communication devices to local area networks {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic name of the goods}; remote controllers for radios with emergency call functions {this wording is indefinite – please indicate the specific device the remote controllers are used for}; remote controllers for lighting instruments; remote controllers for air conditioners; full two-wire remote controllers for lighting instruments; wireless receivers for use with remote control apparatus for opening and closing doors or shutters; wireless transmitters for use with remote control apparatus for opening and closing doors or shutters; radio transmitters and receivers for remote controls {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic name of the goods}; apparatus for distributing or controlling electricity, namely, electricity distribution consoles {this wording is indefinite – please specify the type of apparatus for distributing or controlling electricity}; optical remote controlling apparatus, namely, remote controls for optical disc players {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic name of the goods}; automatic liquid level controllers machines and apparatus {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic names of the goods}; electric circuit controllers electronic control circuits for electric heaters and fans {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic names of the goods}; electric power electronic controllers used to reduce power consumption {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic names of the goods}; variable frequency controllers being inverters {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic names of the goods}; remote lighting control panels for lighting {amended for clarity}; elevator control panels for lifts {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic names of the goods}; electronic control units for emergency voice announcement; programmable logic controllers; computers; computer peripheral devices; document printers for computers; computer keyboards; computer hardware, namely, computer monitors (computer hardware); downloadable computer game programs; downloadable computer software for programmable logic controllers for use in production lines; downloadable computer software for processing images and graphics; scientific research and laboratory apparatus, namely, diagnostic apparatus for the detection of pathogens {this wording is indefinite – please specify the type of scientific research and laboratory apparatus}; voltmeters; engine hour meters {this wording is indefinite -  please specify the type of hour meters}; electricity meters; distance measuring apparatus; electric sensors; optoelectronic sensors; light-emitting diode chips being semiconductor chips {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic name of the goods}; packages of light- emitting diodes packages; light-emitting diode modules {these goods are properly classified in International Class 11}; semi-conductors; integrated circuits; electrical inductors (electricity); capacitors; power capacitors; electric and electronic circuits {amended for clarity}; electric current sensors {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic name of the goods}; baluns; electric power distributors being distribution boxes for electrical power {this wording is indefinite because the nature of the good is unclear – please specify the common commercial or generic name of the goods}; wireless communication devices for voice, data or image transmission {this wording is indefinite – please specify the type of wireless communication devices}; electric relays; solenoids valves {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic name of the goods}; electric power supplies; electric inverters; inverters for power supplies; electric timers; ionization apparatus for scientific or laboratory use; ionization apparatus, not for the treatment of air or water for scientific or laboratory use; internal cooling fans for electronic devices computers {this wording is indefinite – please specify the type of electronic devices}; internal cooling fans for communication devices fax machines {this wording is indefinite – please specify the type of communication devices}; lasers, not for medical purposes; laser marking devices, namely, laser machines designed for marking optical lenses for eyeglasses; laser marking gauges for joinery purposes {this wording is indefinite – please specify what the laser marking gauges are used for}; ultrasonic vermin repellent devices; luminous or mechanical road signs; portable electric power supplies; DC direct current electric power supplies {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic name of the goods}; time clocks (time recording devices); headwall electricity distribution units comprising power distribution panels integrated with a nurse call button, outlets and lights for use in medical facilities {this wording is indefinite because the nature of the goods is unclear – please clarify the integral component of the goods}; electronic timers for use in factories; raster image processors; computer hardware and recorded software for simulation of interior space design and planning; computer hardware and recorded software for simulation of lighting planning; computer hardware and recorded software for operation and control of water treatment systems; computer hardware and recorded software for monitoring air contaminants and pollutants; computer hardware and recorded software for visualization and analysis of air flow; clothing for protection against accidents, irradiation and fire; gloves for protection against accidents, irradiation and fire; electronic drum triggers {reworded and moved from International Class 7}; plant growth chambers and incubators for agricultural purposes {moved from International Class 7}; static electricity eliminators {moved from International Class 7}; motion sensitive security lights; discharge lamps {moved from International Class 11}; emergency warning lights {reworded and moved from International Class 11}; illuminated emergency exit signs {reworded and moved from International Class 11}; indicator lights {moved from International Class 11}; emergency indication lights being electric warning lights {reworded and moved from International Class 11};

 

Class 11:  Apparatus for lighting, namely lighting apparatus for vehicles {this wording must be amended because it is unacceptable wording from the class heading},; apparatus for heating, namely, electric space heaters {this wording must be amended because it is unacceptable wording from the class heading},; steam generating installations {this wording must be amended because it is unacceptable wording from the class heading},; apparatus for cooking, namely, cooktops {this wording must be amended because it is unacceptable wording from the class heading},; refrigerating apparatus, namely, refrigerators {this wording must be amended because it is unacceptable wording from the class heading},; drying apparatus for use in heating, ventilation systems, air conditioning systems and refrigeration systems {this wording must be amended because it is unacceptable wording from the class heading},; apparatus for ventilating, namely ventilating exhaust fans {this wording must be amended because it is unacceptable wording from the class heading},; apparatus for water supply, namely, decorative water fountains {this wording must be amended because it is unacceptable wording from the class heading},; and apparatus for sanitary purposes, namely, urinals being sanitary fixtures {this wording must be amended because it is unacceptable wording from the class heading}; lighting apparatus, and namely, lighting installations {this wording is indefinite – please specify the type of lighting apparatus}; light emitting diode lamps; electric light bulbs; incandescent lamps; head lamps (head torches); fluorescent lighting fixtures; incandescent lighting instruments, namely, incandescent light bulbs and fixtures for incandescent light bulbs {this wording is indefinite – please specify the type of incandescent lighting instruments}; miniature light bulbs; flashlights (torches); electric lanterns; lamps for bicycles; motion sensitive security lights {these goods are misclassified and properly classified in International Class 9}; discharge lamps; theatrical stage lighting apparatus {this wording is indefinite – please specify the type of stage lighting apparatus}; wall lights; outdoor lights for gardens and yards, namely, paver lights {this wording is indefinite – please specify the type of outdoor lights}; ceiling lights; flood lights; electric lamps for repelling insects with lamp oils containing insect repellent sold together as a unit {this wording is indefinite because the nature of the goods is unclear}; germicidal lamps for purifying air {this wording is indefinite – please specify the type of germicidal lamps}; gate lights lighting installations {this wording is indefinite because the nature of the good is unclear – please specify the common commercial or generic name for the goods}; guide lights being electronic night lights {this wording is indefinite because the nature of the good is unclear – please specify the common commercial or generic name for the goods}; street lights lighting installations {this wording is indefinite because the nature of the good is unclear – please specify the common commercial or generic name for the goods}; chandeliers; glow switch lamps; downlights; glow switch starter lamps; desk light lamps {this wording is indefinite because the nature of the good is unclear – please specify the common commercial or generic name for the goods}; sockets for electric lights; lanterns for lighting; spotlights; temporary emergency lights {this wording is indefinite because the nature of the goods is unclear – if the goods are “emergency warning lights” they are properly classified in International Class 9}; emergency exit sign lighting fixtures {this wording is indefinite because the nature of the goods is unclear – if the goods are “illuminated emergency exit signs” they are properly classified in International Class 9}; indicator lights {these goods are misclassified and properly classified in International Class 9}; emergency indication lights {this wording is indefinite because the nature of the goods is unclear – if the goods are “emergency indication lights being electric warning lights” they are properly classified in International Class 9}; mercury vapor lamps; high-pressure mercury vapor lamps; sodium lamps; LED safety lamps {this wording is indefinite – please specify the type of safety lamps}; light diffusers; searchlights; cycle lights; dynamo lights for bicycles; lamps for LCD (liquid crystal display) projectors; electric fans; installations for cooking, namely, cooking stoves, domestic cooking ovens {this wording is indefinite – please specify the type of installations for cooking}; electric cooking utensils, namely electric griddles and frypans; electric cooking stoves; gas cookers; electromagnetic induction cookers {this wording is indefinite – please specify the type of induction cookers}; sinks; worktops being parts sold together with and as a component part of kitchen sinks and ranges; built-in gas cookers; faucets; heat exchanger-typed air cooling units, namely, air conditioners {amended for clarity}; ventilating apparatus and instruments, namely, turbine ventilators {this wording is indefinite – please specify the type of ventilating apparatus and instruments}; electric fans; ventilating fans for household use; dehumidifiers; humidifiers; air curtains in the nature of air conditioning apparatus {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic name of the goods}; air conditioning apparatus, namely, air handling units {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic name of the goods}; ceiling fans; ventilating fans for commercial and industrial use {this wording is indefinite – please specify what the ventilating fans are used for}; roof ventilators in the nature of turbine ventilators {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic name of the goods}; air purifying apparatus, namely, electrostatic precipitators for cleaning air {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic name of the goods}; electric air deodorizers for cars; electric centrifugal fans; electric axial flow fans; electric air blowers for air conditioning or ventilating; air purifying apparatus and machines; air filters for air purifiers {this wording is indefinite – please specify the type of filters}; range hoods; air outlets for being parts of air conditioners {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic name of the goods}; electric air deodorizers; air filtering installations; installations for air heating, namely, portable electric heaters {this wording is indefinite – please specify the type of installations for air heating}; air conditioners; heat exchangers, other than parts of machines; hot-water space heating apparatus; hot-water floor heating apparatus; electric heating apparatus, namely, electric heating fans {this wording is indefinite – please specify the type of electric heating apparatus}; electric floor heaters; floor heating apparatus; electric water heaters; gas fired heaters, namely, patio heaters {this wording is indefinite – please specify the type of gas fired heaters}; water heaters; gas water heaters; gas-fired water heaters and hot water suppliers tanks {this wording is indefinite – please specify the type of hot water suppliers}; water supply installations, namely, hand held showers {this wording is indefinite – please specify the type of water supply installations}; automatic watering installations, automatic namely, lawn sprinkler systems comprising pumps, valves and filters; sanitary installations and apparatus in the nature of steam rooms {this wording is indefinite – please specify the type of sanitary installations and apparatus}; toilet stool units with a washing water squirter; water purifying and mineralizing apparatus for household use {the wording “water…mineralizing apparatus for household use” is indefinite because the nature of the goods is unclear – if the goods are “mineral water making machines” they are properly classified in International Class 7}; saunas; steam saunas; mist sauna; electric air bubble generators for bubble bath {this wording is indefinite because the nature of the goods is unclear – if the goods are “bubble making machines for bubble bath” they are properly classified in International Class 7}; showers; shower rooms being shower cubicles {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic name of the goods}; shower apparatus, namely, shower sprayers; shower heads; shower head holders; shower apparatus, namely, shower head slide bars {amended for clarity}; instantaneous hot water boilers in the nature of hot water heaters {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic name of the goods}; bathtubs combined with bathroom floor parts, namely, bathtubs combined with bathtub surrounds {this wording is indefinite – please specify the common commercial or generic name of the goods}; bathtubs; electric air bubble bathtubs; set units of bathroom comprised of toilets, sinks, and shower and bath cubicles {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic name of the goods}; bathroom installations, particularly, bath installations; bathtubs combined with bathroom floor and sink parts, namely sunken bathtubs and faucets {this wording is indefinite – please specify the common commercial or generic name of the goods}; toilets; toilet bowls; bidets; portable toilets; wash-hand basins being parts of sanitary installations (parts of sanitary installations); sterilizers; water softening apparatus; replacement cartridges for water softening apparatus; water purifying apparatus; electric space heaters for bathrooms; clothes drying machines; electric hand dryers; electric hair dryers; electric dish dryers {this wording is indefinite – please specify the type of dish dryers}; bedding dryers being laundry dryers {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic name of the goods}; ventilating apparatus and instruments for bathrooms, namely, ventilating louvres {this wording is indefinite – please specify the type of ventilating apparatus and instruments}; automatic watering installations for home gardening, namely, lawn sprinkler systems comprising pumps, valves, and filters; ventilation hoods; apparatus for generating ultrapure water being water purifying apparatus {amended for clarity}; cooling water circulation apparatus {this wording is indefinite because the nature of the goods is unclear – if the goods are “cooling water circulation apparatus, namely, circulating pumps” they are properly classified in International Class 7}; hazardous liquid treatment apparatus in the nature of ionization apparatus for the treatment of liquids for industrial, commercial or agricultural use {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic name of the goods}; thermal incineration installations, namely, incinerators {this wording is indefinite – please specify the type of thermal incineration installations}; solvent recovery and recycling installations, namely, gas recycling system comprised primarily of solvent extraction equipment for the recovery, purification, and return of gases in industrial applications {this wording is indefinite because the nature of the goods is unclear – please specify the common commercial or generic name of the goods}; wash-hand bowls (parts of sanitary installations) in the nature of wash-hand basins being parts of sanitary installations {amended for clarity}; portable toilets for nursing care; ionisation apparatus for the treatment of air or water; light emitting diode modules {moved from International Class 9}

 

Class 37:  Building construction; cabinet repair; tile installation services; installation, repair or maintenance of electric appliances; installation, repair or maintenance of radios; installation, repair or maintenance of television sets; installation, repair or maintenance of telecommunication apparatus and machines; installation, repair or maintenance of household electric appliances; installation, repair or maintenance of lighting apparatus; installation, repair or maintenance of power distribution and control apparatus; installation, repair or maintenance of electric motors; installation, repair or maintenance of measuring apparatus and instruments; installation, repair or maintenance of testing apparatus and instruments; installation, repair or maintenance of medical apparatus and instruments; installation, repair or maintenance of metalworking machines and tools; installation, repair or maintenance of cooking apparatus; installation, repair or maintenance of automatic vending machines; installation, repair or maintenance of water purifying apparatus; installation, repair or maintenance of musical instruments; installation, repair or maintenance of watches and clocks; installation, repair or maintenance of water heaters; installation, repair or maintenance of bath equipment; installation, repair or maintenance of toilet stool units with a washing water squirter; installation, repair or maintenance of computer hardware; installation, repair or maintenance of air-conditioning apparatus; installation, repair or maintenance of office machines and equipment; installation, repair or maintenance of machinery; repair or maintenance of vehicles; installation, repair and maintenance of computers and computer peripherals; installation, repair or maintenance of computer printers; installation, repair or maintenance of printing machines; installation, repair or maintenance of 3D printers; installation, repair or maintenance of telephones; telecommunication wiring; rental of construction equipment; installation, repair or maintenance of laboratory apparatus and instruments; installation, repair or maintenance of electronic apparatus; installation, repair or maintenance of wheelchairs; building construction; construction consultancy; building construction information; installation, repair or maintenance of freezing machines and apparatus; rental of laundry washing machines; rental of dish washing machines; rental of cleaning machines; rental of drying machines spin dryers for clothes; rental of laundry dryers; rental of dish drying machines; installation, repair or maintenance of audio-visual apparatus and equipment; installation, repair or maintenance of industrial machinery; installation, repair or maintenance of manufacturing machines and apparatus; installation, repair or maintenance of welding machines and apparatus; installation of radio apparatus and instruments; installation of radio systems and networks; consultancy relating to the repair or maintenance of measuring and testing machines and instruments; providing information relating to the repair or maintenance of measuring and testing machines and instruments; lift installation and repair; installation or and adjustment of antennas; maintenance and repair of buildings; building construction supervision; installation, repair or maintenance of transport and storage containers; installation, repair or maintenance of lockers

 

Class 42:  Scientific and technological services, namely, and research and design relating thereto in the field of computer networking hardware {this wording is indefinite – please specify the type of scientific and technological services and the field or subject matter}; industrial analysis and research services in the field of computer technology {this wording is indefinite – please specify the field or goods that are the subject of the industrial analysis and research services}; design and development of computer hardware and software; computer software design; computer programming; maintenance of computer software; computer system design; configuration of computer systems; technology research and testing and research services relating to electric and electronic machines, apparatus and instruments computing equipment {this wording is indefinite – please specify the type of research and the nature of the electric and electronic machines, apparatus and instruments}; computer rental; providing temporary use of non-downloadable computer software for tracking documents over computer networks, intranets and the internet {this wording is indefinite – please specify the function of the non-downloadable software}; leasing access time to a computer database {this wording is no longer acceptable}; computer website design {this wording is indefinite – please clarify the nature of the services}; hosting computer sites (websites) the websites of others on a computer server for a global computer network {this wording is indefinite – please clarify the nature of the services}; updating of computer software; recovery of computer data; hosting and maintaining the websites of others; file sharing services, namely, providing a website featuring technology enabling users to upload and download electronic files; peer-to-browser photo sharing services, namely, providing a website featuring technology enabling users to upload, view, and download digital photos {amended for clarity}; providing on-line non-downloadable computer software for use in digital image processing {this wording is indefinite – please clarify the nature of the services by indicating how the non-downloadable computer software is provided}; providing on-line non-downloadable computer software for browsing information on the Internet {this wording is indefinite – please clarify the nature of the services by indicating how the non-downloadable computer software is provided}; electronic data storage; rental of electronic storage space on the Internet temporary electronic storage of information and data on the Internet {this wording is indefinite because the nature of the services is unclear – please specify the common commercial or generic name of the services}; rental of web servers; providing meteorological information; technological advice relating to operation of computers, automobiles and other machines, apparatus and instruments; testing and research services in the field of electricity; architectural design; designing and creating websites for others; cartography and mapping services; providing a website featuring technology enabling users to upload and download electronic files; providing a website featuring technology enabling users to edit photos, create photo albums and upload photos and photo albums; providing a website featuring technology that enables online electronic conference systems via cloud computing; computer diagnostic services; providing virtual computer systems for remote desktop solutions through cloud computing {this wording is indefinite – please specify the type of computer systems}; monitoring and maintenance of computer software systems for proper functioning monitoring and maintenance; computer system design and installation of software for computer systems; computer system technical support services, namely troubleshooting in the nature of diagnosing computer hardware and software systems problems; technological advice relating to equipment inspection; technological advice relating to information security diagnosis; technological advice relating to assessment of information security vulnerability; technological advice relating to data and information analysis; technological advice relating to cloud computing; technological advice relating to business information security and protection; technological advice relating to Internet of Things (IoT); technological advice relating to machine-to-machine (M2M) communication; technological advice relating to digital content distribution; technological advice relating to identification and authentication of persons; technological advice relating to billing in electronic commerce transactions; technological advice relating to remote video monitoring; technological advice relating to operation and control of plant factory systems; technological advice relating to operation and control of agricultural apparatus and systems; technological advice relating to management and control of plant cultivation; technological advice relating to operation and control of water treatment systems; technological advice relating to monitoring of air contaminants and pollutants; technological advice relating to visualization and analysis of air flow; technological advice relating to operation and control of autonomous-driving vehicles; design, development and maintenance of computer software systems and software for remote access to computer terminals and networks; design, development and maintenance of computer software systems and software for scanning, detecting and eliminating of viruses, spyware and malware; design, development and maintenance of computer software systems and software for search, analysis and detection of security incidents and access logs; design, development and maintenance of computer software systems and software for assessment of information security vulnerability; design, development and maintenance of computer software systems and software for data and information analysis; design, development and maintenance of computer software systems and software for cloud computing; design, development and maintenance of computer software systems and software for sales management; design, development and maintenance of computer software systems and software for computer database searches; design, development and maintenance of computer software systems and software for providing storage, archiving, backup, and management of electronic data via network connection; design, development and maintenance of computer software systems and software for detecting and analyzing the presence of individuals or objects; design, development and maintenance of computer software systems and software for detecting and analyzing the location, staying time and moving route of individuals or objects; design, development and maintenance of computer software systems and software for computer file management; design, development and maintenance of computer software systems and software for VLC (visible light communications) for the transmission of electronic data, namely video, music, image, text and sound; design, development and maintenance of computer software systems and software for controlling network devices in the Internet of Things (IoT); design, development and maintenance of computer software systems and software for machine-to-machine (M2M) communication; design, development and maintenance of computer software systems and software for video surveillance; design, development and maintenance of computer software systems and software for text-to-speech converting; design, development and maintenance of computer software systems and software for remote video monitoring; design, development and maintenance of computer software systems and software simulation of interior space design and planning ; design, development and maintenance of computer software systems and software for management of customer information; design, development and maintenance of software systems and software for point-of-sales (POS) systems; design, development and maintenance of computer software systems and software for operation and control of plant factory systems; design, development and maintenance of computer software systems and software for operation and control of water treatment systems; design, development and maintenance of computer software systems and software for monitoring air contaminants and pollutants; design, development and maintenance of computer software systems and software for visualization and analysis of air flow; software as a service (SaaS) services featuring software for use in database management {this wording is indefinite – please specify the function of the software program and if software is content- or field-specific, the field of use}; software as a service (SaaS) services featuring software for management and control of mobile computer or communication devices {amended for clarity}; software as a service (SaaS) services featuring software for data storage management; software as a service (SaaS) services featuring software for scanning, detecting and eliminating of viruses, spyware and malware; software as a service (SaaS) services featuring software for data and information analysis; software as a service (SaaS) services featuring software for cloud computing; software as a service (SaaS) services featuring software for sales management; software as a service (SaaS) services featuring software for client and customer management; software as a service (SaaS) services featuring software for detecting and analyzing the presence of individuals or objects; software as a service (SaaS) services featuring software for detecting and analyzing the location, staying time and moving route of individuals or objects; software as a service (SaaS) services featuring software for controlling network devices in the Internet of Things (IoT) {this wording is indefinite – please clarify the nature of the services}; software as a service (SaaS) services featuring software for machine-to-machine (M2M) communication; software as a service (SaaS) services featuring software for digital content distribution; software as a service (SaaS) services featuring software for text-to-speech converting; software as a service (SaaS) services featuring software for computerized production management; software as a service (SaaS) services featuring software for remote video monitoring; software as a service (SaaS) services featuring software for simulation of interior space design and planning; software as a service (SaaS) services featuring software for simulation of lighting planning; software as a service (SaaS) services featuring software for management of customer information; software as a service (SaaS) services featuring software for point-of-sales (POS) systems; software as a service (SaaS) services featuring software for virtual reality image processing; software as a service (SaaS) services featuring software for operation and control of water treatment systems; Software as a service (SaaS) services featuring software for monitoring air contaminants and pollutants; software as a service (SaaS) services featuring software for visualization and analysis of air flow; database development services, namely, analysis of computer database performance {this wording is indefinite because the nature of the services is unclear – please specify the common commercial or generic name of the services}; cloud computing featuring software for use in database management; consultancy relating to cloud computing; digitization of documents (scanning); infrastructure as a Service (IaaS) services featuring computer infrastructure for creating web applications, data storage and backup {this wording is indefinite – please specify the function of the IAAS services}; server technical administration of servers for others {this wording is indefinite because the nature of the services is unclear – please specify the common commercial or generic name of the services}; design, development and hosting of computer databases; electronic storage of archived data; data security services (firewalls), namely, design and development of electronic data security systems {this wording is indefinite because the nature of the services is indefinite – please specify the common commercial or generic name of the services}; quality control services for others, namely, technical verification and validation of product operation {this wording is indefinite – please specify the common commercial or generic name of the services}; technical verification and validation of computer networks; technical verification and validation of computer systems; new product design {this wording is indefinite – please specify the type of product design}; product failure analysis and product quality evaluation services of products {this wording is indefinite – please specify the purpose of the product analysis and evaluation services}; structural analysis and evaluation of buildings to assure compliance with industry standards {this wording is indefinite – please specify the purpose of the analysis and evaluation}; materials testing and analysing; chemical testing, analysis and evaluation services; computer configuration services, namely testing and analysis of computer network connections {this wording is indefinite – please specify the common commercial or generic name of the services}; consultancy relating to research and development of products; technical inspection services, namely, inspection of computers for quality control purposes {this wording is indefinite – please specify what is being inspected and/or the purpose of the inspection}; consultancy relating to design, programming and maintenance of computer software; creating web sites for others; rental of computer software; technical consultancy relating to the design of computer hardware, software and computer peripherals; computer technology consultancy; providing a web hosting platforms on the Internet for medical professionals {this wording is indefinite – please clarify the nature of the services by using the common commercial or generic name of the services and indicating the purpose or intended user of the platform}; installation of computer software; design of telecommunication machines and apparatus and radio communication machines and apparatus, and consultancy relating to such design; design and development of computer hardware, software and databases; rental of memory space for servers on the Internet; rental of computer servers; rental of measuring or testing machines and instruments; engineering design services relating to measuring or testing machines and instruments {this wording is indefinite because the nature of the services is unclear – please specify the common commercial or generic name of the services}; design of measuring or testing machines and instruments; design and development of navigation systems; architectural research; research on city planning; testing or research on prevention of pollution; testing or research on electricity; testing or research on civil engineering; conducting engineering surveys on energy consumption and providing information thereof; technical consultancy and information in the field of energy measurement to improve energy saving and efficiency; surveying; architectural services; construction drafting; architectural consultation; providing information in the field of architectural design; geological surveys or and research; design of building interiors and exteriors; monitoring of computer systems by remote access to ensure proper functioning {this wording is indefinite – please specify the purpose of the monitoring services}

 

If applicant adopts the suggested amendment of “steel poles being accessories for electrical equipment, for electrical wires and cables” in International Class 9, then applicant must amend the classification for these goods to International Class 6.  See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§805, 1401.  See below for discussion of multiple-class application requirements. 

 

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).

 

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 – ADVISORY

 

The application identifies goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Sections 1(b) and 44:

 

(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 15 classes; however, applicant submitted a fee(s) sufficient for only five class(es).  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 Sections 1(b) and 44 multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.

 

 

OPTION TO DELETE DUAL FILING BASES

 

The application specifies both an intent to use basis under Trademark Act Section 1(b) and a claim of priority under Section 44(d) based on a foreign application.  See 15 U.S.C. §§1051(b), 1126(d); 37 C.F.R. §2.34(a)(2), (a)(4).  However, no copy of a foreign registration has been provided even though the application indicates applicant’s intent to rely on Section 44(e) as an additional basis for registration.  See 15 U.S.C. §1126(e).

 

An application with a Section 44(e) basis must include a true copy, photocopy, certification, or certified copy of a foreign registration from an applicant’s country of origin.  15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii); TMEP §§1004, 1004.01, 1016.  In addition, an applicant’s country of origin must be a party to a convention or treaty relating to trademarks to which the United States is also a party, or must extend reciprocal registration rights to nationals of the United States by law.  15 U.S.C. §1126(b); TMEP §§1002.01, 1004.

 

Therefore, applicant must provide a copy of the foreign registration from applicant’s country of origin when it becomes available.  TMEP §1003.04(a).  A copy of a foreign registration must consist of a document issued to an applicant by, or certified by, the intellectual property office in applicant’s country of origin.  TMEP §1004.01.  If applicant’s country of origin does not issue registrations or Madrid Protocol certificates of extension of protection, applicant may submit a copy of the Madrid Protocol international registration that shows that protection of the international registration has been extended to applicant’s country of origin.  TMEP §1016.  In addition, applicant must also provide an English translation if the foreign registration is not written in English.  37 C.F.R. §2.34(a)(3)(ii); TMEP §1004.01(a)-(b).  The translation should be signed by the translator.  TMEP §1004.01(b).

 

If the foreign registration has not yet issued, or applicant requires additional time to procure a copy of the foreign registration (and English translation, as appropriate), applicant should so inform the trademark examining attorney and request that the U.S. application be suspended until a copy of the foreign registration is available.  TMEP §§716.02(b), 1003.04(b).

 

If applicant cannot satisfy the requirements of a Section 44(e) basis, applicant may request that the mark be approved for publication based solely on the Section 1(b) basis.  See 15 U.S.C. §§1051(b), 1126(e); 37 C.F.R. §2.35(b)(1); TMEP §§806.02(f), 806.04(b), 1003.04(b).  Although the mark may be approved for publication on the Section 1(b) basis, it will not register until an acceptable allegation of use has been filed.  See 15 U.S.C. §1051(c)-(d); 37 C.F.R. §§2.76, 2.88; TMEP §1103.  Please note that, if the U.S. application satisfied the requirements of Section 44(d) as of the U.S. application filing date, applicant may retain the priority filing date under Section 44(d) without perfecting the Section 44(e) basis, provided there is a continuing valid basis for registration.  See 37 C.F.R. §2.35(b)(3)-(4); TMEP §§806.02(f), 806.04(b). 

 

Alternatively, applicant has the option to amend the application to rely solely on the Section 44(e) basis and request deletion of the Section 1(b) basis.  See 37 C.F.R. §2.35(b)(1); TMEP §806.04.  The foreign registration alone may serve as the basis for obtaining a U.S. registration.  See 37 C.F.R. §2.34(a)(3); TMEP §806.01(d).

 

 

RESPONSE GUIDELINES

 

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. 

 

 

 

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.  

 

 

 

/Chioma (Bata) Oputa/

Examining Attorney

Law Office 103

(571) 272-5234

chioma.oputa@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.

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 4/19/2019 FOR U.S. APPLICATION SERIAL NO. 88298751

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.uspto.gov,enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  TIMELY RESPONSE IS REQUIRED:  Please carefully review the Office action to determine (1) how to respond, and (2) the applicable response time period.  Your response deadline will be calculated from 4/19/2019 (or sooner if specified in the Office action).  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.  For information regarding response time periods, see http://www.gov.uspto.report/trademarks/process/status/responsetime.jsp.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions.  Instead, the USPTO recommends that you respond online using the TEAS response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.

 

(3)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application.  For more information regarding abandonment, see http://www.gov.uspto.report/trademarks/basics/abandon.jsp.

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.