To: | Clean Earth, Inc. (trademarks@schnader.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88301801 - CE - N/A |
Sent: | 5/1/2019 10:21:19 AM |
Sent As: | ECOM121@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88301801
MARK: CE
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CORRESPONDENT ADDRESS: SCHNADER HARRISON SEGAL & LEWIS LLP |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Clean Earth, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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EXAMINER’S AMENDMENT/PRIORITY 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: 5/1/2019
DATABASE SEARCH: The trademark examining attorney has searched the USPTO’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
APPLICATION HAS BEEN AMENDED: In accordance with the authorization granted by applicant’s attorney, W. Drew Kastner, on May 1, 2019, the trademark examining attorney has amended the application as indicated below. Please advise the undersigned immediately of any objections. TMEP §707. Any amendments to the identification of goods and/or services may clarify or limit the goods and/or services, but may not add to or broaden the scope of the goods and/or services. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.
AMENDED IDENTIFICATION OF SERVICES
The identification of services is amended to read as follows:
International Class 35: Reseller services, namely, distributorship services in the field of refurbished electronics; operation of a business for others, namely, mining facilities, fill operations, soil and debris landfills, remediation sites, and construction operations; Reseller services, namely, distributorship services in the field of electronics
International Class 37: Refurbishing of electronics; aggregate production, namely, extraction of aggregate materials in the nature of mining extraction of clay, stone, and other minerals; mining extraction of clay, stone, and other minerals; mining extraction services; solid waste landfill services, soil and solid debris landfill services, and construction of property; on-site deinstallation services, namely, deinstallation of computer hardware
International Class 39: Packaging, collection, and transportation of hazardous, non-hazardous, residual, universal, pharmaceutical, regulated medical and chemotherapeutic waste and waste water; disposal in the nature of removal of hazardous, non-hazardous, residual, universal, pharmaceutical, regulated medical and chemotherapeutic waste and waste water and transporting that material to another location for treatment and recycling; transportation of soil and dredged material; storage of hazardous, non-hazardous, residual, universal, pharmaceutical, regulated medical and chemotherapeutic waste; Repacking of plastics, cardboards, glass and aluminum material for the creation of alternative fuels and other products, namely, ethanol, bio-diesel, oils, soaps and lotions
International Class 40: Stationary and mobile management of waste in the nature of destruction, processing, and treatment of hazardous, non-hazardous, residual, universal, pharmaceutical, regulated medical and chemotherapeutic waste and the treatment and recycling of wastes, contaminated soil, and dredged material for beneficial use by others; Waste treatment by bulking, chemical fixation, blending of liquids, sludges and solids, stabilization of heavy metal liquids, solidification, naturalization of acids and alkaline, waste to energy processing; mercury thermal retort, recycling, processing, treatment, and destruction of liquids, solids, sludges, electronics, aerosol cans, solvents, asbestos, off-specification materials, waste water, liquid industrial waste water, and universal waste; Environmental remediation services, namely, soil treatment to include treatment and recycling of contaminated and uncontaminated soils, gravel, potable water treatment sludges and solids, drill or pipeline cuttings, brick, block, concrete, rock, pond sediment, earthen media; Treatment of materials, namely, bioremediation treatment, thermal desorption treatment, chemical fixation treatment, and physical treatment in the nature of sorting and mixing waste and recyclable material; Recycling, including a mail back recycling program; destruction, reclamation, recycling, and shredding of plastics, cardboards, glass and aluminum material for the creation of alternative fuels and other products, namely, ethanol, bio-diesel, oils, soaps and lotions; manufacturing services for others in the field of aggregate materials, namely, clay, stone, and other minerals; environmental remediation services, namely, treatment of solid waste and water; secure data destruction of electronics; on-site data destruction services and high security data destruction services, namely, destruction of data storage devices; degaussing
International Class 42: mining exploration services of clay, stone, and other mineral rights; mining exploration services; secure data destruction of electronics, namely, erasure of data storage devices; on-site data destruction services and high security data destruction services, namely, erasure of data storage devices; on-site deinstallation services, namely, deinstallation of computer software; Testing the functionality of electronics
See TMEP §§1402.01, 1402.01(e).
AMENDED DESCRIPTION OF MARK
The following description of the mark replaces the current description of record:
The mark consists of an emblem representing the combined initials "C" and "e". The "C" of the emblem is shown in white and the horizontal bar of the lower case "e" is shown in green. Black in the mark represents background, shading, outlining, and/or transparent areas and is not claimed as a feature of the mark.
See 37 C.F.R. §§2.37, 2.72; TMEP §§808 et seq.
ISSUES APPLICANT MUST ADDRESS: The trademark examining attorney and the individual identified in the Examiner’s Amendment section above discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §§708, 711.
AMENDED DRAWING REQUIRED
Applicant has indicated that blue in the mark is not claimed as a feature of the mark. However, as discussed with applicant’s attorney, the only colors that may appear in the mark without being claimed as a feature of the mark are black, white, and/or gray when those colors represent background, outlining, shading, and/or transparent areas. See 37 C.F.R. §2.52(b)(1); TMEP §807.07(a)-(a)(ii), (d). Therefore, applicant must submit an amended drawing removing the color blue in the mark and showing the mark either on a black background or with the claimed white elements outlined in black. TMEP §807.07(c). However, any other amendments to the drawing will not be accepted if they would materially alter the mark. 37 C.F.R. §2.72; see TMEP §§807.07(c), 807.14 et seq.
RESPONSE GUIDELINES
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.
/Steven W. Ferrell Jr./
Examining Attorney
Law Office 121
(571) 270-3424
steven.ferrell@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.