| To: | Huntsman International LLC (bryan_adams@huntsman.com) |
| Subject: | U.S. TRADEMARK APPLICATION NO. 88324885 - HUNTSMAN - N/A |
| Sent: | 6/10/2019 4:22:13 PM |
| Sent As: | ECOM107@USPTO.GOV |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
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U.S. APPLICATION SERIAL NO. 88324885
MARK: HUNTSMAN
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Huntsman International LLC
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
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: 6/10/2019
The referenced application has been reviewed by the assigned trademark examining attorney. 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.
Summary of Issues
· Specimen Refusal – Limited to International Classes 9, 16, and 19
· Identification of Goods Requires Amendment
Search of Office Records
The trademark examining attorney has searched the Office’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).
Specimen Refusal – Limited to International Classes 9, 16, and 19
An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark in use in commerce for each international class of goods and/or services identified in the application or amendment to allege use. 15 U.S.C. §1051(a)(1); 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).
Examples of specimens for goods include tags, labels, instruction manuals, containers, photographs that show the mark on the actual goods or packaging, and displays associated with the actual goods at their point of sale. See TMEP §§904.03 et seq. Webpages may also be specimens for goods when they include a picture or textual description of the goods associated with the mark and the means to order the goods. TMEP §904.03(i).
Applicant may respond to this refusal by satisfying one of the following for each applicable international class:
(1) Submit a different specimen (a verified “substitute” specimen) that (a) was in actual use in commerce at least as early as the filing date of the application or prior to the filing of an amendment to allege use and (b) shows the mark in actual use in commerce for the goods and/or services identified in the application or amendment to allege use. A “verified substitute specimen” is a specimen that is accompanied by the following statement made in a signed affidavit or supported by a declaration under 37 C.F.R. §2.20: “The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application or prior to the filing of the amendment to allege use.” The substitute specimen cannot be accepted without this statement.
(2) Amend the filing basis to intent to use under Section 1(b), for which no specimen is required. This option will later necessitate additional fee(s) and filing requirements such as providing a specimen.
For an overview of both response options referenced above and instructions on how to satisfy either option online using the Trademark Electronic Application System (TEAS) form, please go to http://www.gov.uspto.report/trademarks/law/specimen.jsp.
Identification of Goods Requires Amendment
Applicant submitted the following identification of goods with the application:
International Class 1
Active chemical ingredients and solvents for use in the manufacture of insecticides; adjuvants for use with agricultural chemicals; alkyl benzene for use as chemical intermediates in the manufacture of surface active agents alkylalkanolamines, namely, methyl diethanolamine, aminoethyl ethanolamine, and monomethyl ethanolamine for use in industrial and manufacturing applications; alkylalkanolamines, such as methyl diethanolamine, aminoethyl ethanolamine, and monomethyl ethanolamine; amine and amine derivatives for general industrial use, namely, morpholine, n-methylmorpholine, n-ethylmorpholine, n-methylmorpholine oxide, n-aminoethylpiperazine, and 2-(2-aminoethoxy) ethanol; ethanolamines, namely, monoethanolamine, diethanolamine, triethanolamine, and dimethylethanolamine, all for use in industrial and manufacturing applications; amine and amine derivatives for general industrial use, namely, morpholine, n-methylmorpholine, n-ethylmorpholine, n-methylmorpholine oxide, n-aminoethylpiperazine, and 2-(2-aminoethoxy) ethanol; heat transfer fluids for use in a wide variety of industrial uses, metal working fluids containing a glycol, namely, ethylene glycol and or propylene glycol, aromatic distillate, auxiliary products for use in the textile industry, namely, fixing agents catalysts for the manufacture of flexible foams, rigid foams, coatings, elastomers, and plastics; catalysts for use in the manufacture of maleic anhydride; chemical additives and surfactants for use as tank-added adjuvants and compatibilizers in the agrochemical field; chemical additives for fuel treatment; chemical additives for use in the manufacture of agrochemicals; chemical additives for use in the manufacture of polymer and copolymer resins; chemical agents for removal of unwanted contaminants from non-liquid gas streams; chemical components for use in the manufacture of polyureas; chemical compound 2-(2-aminoethoxy) ethanol for use as a natural gas treating agent and as a chemical intermediate for the production of surface active agents and polyether polyol condensation polymers; chemical granulates used in the production of thermoplastic polyurethanes for extrusion, injection molding and producing films; chemical motor fuel additives for controlling deposits on internal combustion engines; chemical preparations for stabilizing soil; chemical preparations for use in agriculture, horticulture and forestry, namely, chemical preparations for the treatment of seeds; chemical products for use as auxiliary agents in the textile, leather, and paper industries, chemical products for use in the textile, paper, leather, plastics, animal skin and artificial leather industry; chemical products used in industry, namely, unprocessed artificial resins and plastics used as sealants of plastic, rubber and wax, and as release agents in the production of models, molds, tools and other shapes; chemical products used to modify or improve the physical or chemical properties of polyurethane amine catalysts or polyurethane foams; chemicals for manufacturing rigid polyurethanes; chemicals for the preparation of such polyurethane elastomers; chemicals for use as dispersants and stabilizers in the coating, paint, and ink fields; chemicals for use as plasticizers, solvents, thickening agents, frothing agents, hydraulic fluid and chemical intermediates; chemicals for use in industry, all for use in the manufacture of polyurethane foam; chemicals for use in metal treating applications; chemicals for use in the field of oil exploration and production; chemicals for use in the manufacture and treatment of paper, textiles, and fabrics; chemicals for use in the manufacture of ceramic articles; chemicals for use in the manufacture of pesticide and adjuvant formulations; chemicals for use in the manufacture of pharmaceuticals, cosmetics, herbicides, and pesticides; chemicals for use in the manufacture of polyurethanes; chemicals for use in the manufacture or treatment of microchips, circuit boards, and other electronic articles; chemicals for use in the electronics industry; chemicals for use in the mining and mineral processing industries; chemicals for use in the preparation of polyurea and polyurethane systems; chemicals for use in the textile industry, namely, pre-treatment agents, penetrating agents, solvents, wetting agents, emulsifying agents, dispersing agents, and agents for bleaching and scouring; chemicals solvents for equipment cleaning purposes; chemicals used as additives for bleaching agents; stabilizers, namely, dye stabilizers, color stabilizers for textile wetting agents; chemicals used in industry including surface active agents for use in the mining, minerals and mineral treatment industries; chemicals used in the manufacture of textiles, namely, fastness improvers and wet fastness improvers for dyeing textile and fabrics made from cellulose fibers; chemicals used in the manufacture of textiles, paper, leather, animal skin and artificial leather, namely, dye bath conditions; chemicals used in the process of dyeing textiles as fastness improvers and fixing agents; chemicals, namely, maleic anhydride; curing agents for use in the manufacture of polymeric materials; detergents for industrial purposes; dyestuffs, coloring matters, chemical products for use as auxiliary agents in the textile industry; epoxy resins; ethanolamines, namely, monoethanolamine, diethanolamine, triethanolamine, and dimethylethanolamine, all for use in industrial and manufacturing applications; ethylene oxide, propylene oxide, and synthetic surface active agents, all for use in detergents, cleaning compounds, paints, agricultural emulsifiers, paper applications, paper deinking, oilfield applications, metal treating applications, corrosion inhibition, mold release agents, and mineral processing; ethylene; flame proofing agents; glycol bottoms, aromatic distillate, glycols, namely, monoethylene glycol, diethylene glycol, triethylene glycol, propylene glycol, dipropylene glycol, and other polyoxyalkylene glycols, polyethylene gycols and polypropylene glycols, all for use in industrial and manufacturing applications; glycols, such as monoethylene glycol, diethylene glycol, triethylene glycol, propylene glycol, dipropylene glycol, and otherheat transfer fluids and metal working fluids, containing a glycol, namely, ethylene glycol and propylene glycol; heat transfer fluids containing a glycol, such as ethylene glycol and propylene glycol; hydroxy alkyl carbamates for use in coatings/resins systems in automotive and other applications hydroxy terminated polyoxyalkalene ethers for use as polyurethane raw material and for use in the manufacture of foams, paints, coatings, elastomers, plastics and a wide variety of other industrial uses; ink dispersing agents; isocyanates for use in rigid and flexible foams, elastomers, coatings, adhesives, and composite wood products; maleic anhydride and fumaric acid for use in a wide variety of industrial and manufacturing applications; metal working fluids containing a glycol, such as ethylene glycol and propylene glycol; methyl tertiary butyl ether for use in reformulated motor fuels; mixtures of synthetic latex, synthetic resins, and derivatives of ethyleneamines for use in the manufacture of ceramic composites; mold release agents for natural and synthetic products; motor fuel additives for controlling deposits on internal combustion engines; n-methylmorpholine oxyde, n-aminoethylpiperazine, and 2- (2-aminoethoxy) ethanol; nonylphenol and dinonylphenol for use in the manufacture of surface-active agents or as detergents, light stabilizers, petroleum demulsifiers, oil-soluble phenolic resins, plasticizers, dyestuffs, germicides, insecticides, and aromatic oils; optical bleaching agent organic carbonates, namely, ethylene carbonate and propylene carbonate, for use as solvents for use in a wide variety of industrial uses organic carbonates, such as ethylene carbonate and propylene carbonate, for use as solvents; polyether amines, for use in curing and hardening agents for epoxy resins and adhesives, and in the manufacture of flexible foams, rigid foams, coatings, elastomers, and plastics polyetheramines for use in modifying polymers; polymide and bis-phenol-a compounds for use in the manufacture of synthetic resins; polyols, namely, propylene oxide and ethylene oxide based polyols for polyurethane, elastomer, and thermoplastic urethane applications; polyoxyalkylene glycols, polyethylene glycols and polypropylene glycols; polyoxyalkylene glycos for use as chemical intermediates, plasticizers, humectants, and dye carriers; polyoxyalkylene polyamines used as curing and hardening agents for epoxy resins; polyurethane adhesive for use in the automotive industry and for other industrial bonding applications; polyurethane elastomers used in the manufacture of shoes and shoe parts; pre-formed epoxy syntactic inserts to reinforce honeycomb structures; propylene; reduction inhibitors used to protect fabrics and textiles in the dying process; silicone based chemical agents in the textile industry used in treating textiles for textile resilience, textile crease resistance, and for improving sewability and making textiles softer; surface active compounds for general use in industry and manufacturing, namely, as wetting, spreading, emulsifying, dispersing and penetrating agents; surfactants for use in connection with agricultural pesticides; synthetic and formulated polymers for use in industry, namely, in coatings, construction, electronics, adhesives, power transmission and distribution, aerospace, wind energy, and automotive applications; synthetic epoxy resins for use in the manufacture of coatings, industrial paint, composites, sealants, laminating, bonding, castings, adhesives and industrial encapsulating compositions; synthetic resin plastics in sheet, rod, tube, granular and/or liquid form for industrial use; synthetic resinous adhesives for bonding metals, glass, ceramics, and/or plastics; synthetic resins for use in the manufacture of coatings, industrial paint, composites, sealants, laminating, bonding, casting and adhesives; synthetic resins in liquid and particle form used by the electronics industry as capsulents, substrates and adhesives for electrical circuit boards and electronic components synthetic resins in solid or liquid form for use in the manufacture of polymeric products, namely, polyurethanes and polyureas for use in further manufacture; synthetic surface active agents used in detergents, cleaning compounds, paints, agricultural emulsifiers, paper applications, paper deinking, oilfield applications, metal treating applications, corrosion inhibition, mold release agents, and mineral processing; systems comprising chemical components for manufacturing polyurethane, and the chemical components of said system sold separately and in any combination; textile finishing chemicals and catalysts employed in their application; thermoplastic polyurethane granulates for use in extrusion, injection molding and producing films; unprocessed artificial resins and plastics for the production of models, molds, tools and other shapes; unprocessed artificial resins and synthetic resin plastics in the form of powders, pastes, liquids, emulsions, dispersions, pellets and granulates; unprocessed thermoplastic polyurethane polymers for use in coating magnetic tapes washing and bleaching agents for industrial purposes
International Class 2
cross-linking agents used for ink and dyes in the production of textiles, de-aerating agents used for ink and dyes in production of textiles, fabric softening agents, discharging agents used to treat fabrics and textiles depth, brightness, and penetrating enhancers for inks and dyes; disperse dyes for use in automotive fabrics; dyes and dyestuffs; dyes for polyimide carpet and textiles; dyes for use in the manufacture of wool, nylon and silk fibers; dyes for use with or on textiles; dyestuffs; chemical products suitable for dyeing purposes; ink and dye diluents; ink and printing binding agents for textiles ink and printing thickeners for textiles; pre-coating agents used in conjunction with inks and dyes for the production of textiles; textile dyes
International Class 9
Computer program for designing and evaluating amine-based gas and liquid testing plants through process simulation
International Class 16
Adhesives for stationery and household purposes
International Class 19
Thermoplastic polyurethanes for use in injection molding of footwear and footwear components; plastics, plastics for use in the manufacture of footwear, clothing, and sports equipment
The above bolded wording in the identification of goods requires amendment because it does not identify the goods with enough specificity to make clear the scope of the goods offered by applicant. The above underlined wording indicates a misclassification by the applicant. Further, the wording could identify goods in more than one international class and is thus overbroad. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
Therefore, the identification of goods as submitted with the application requires the following amendments.
International Class 1
The wording “systems comprising chemical components for manufacturing polyurethane, and the chemical components of said system sold separately and in any combination” is indefinite because the nature of the good being offered is unclear. Specifically, applicant must specify the particular nature the chemicals.
International Class 9
The wording “Computer program for designing and evaluating amine-based gas and liquid testing plants through process simulation” is indefinite and overbroad as it does not specify the nature of the computer program, and the wording could be used to describe goods in multiple international classes. For example, “providing a website featuring non-downloadable software for word processing” is in International Class 42 while “downloadable computer operating programs” are in International Class 9.
The remainder of the identified underlined goods while definite, are misclassified.
Applicant may adopt the following identification of goods, if accurate:
International Class 1
Active chemical ingredients and solvents for use in the manufacture of insecticides; adjuvants for use with agricultural chemicals; alkyl benzene for use as chemical intermediates in the manufacture of surface active agents alkylalkanolamines, namely, methyl diethanolamine, aminoethyl ethanolamine, and monomethyl ethanolamine for use in industrial and manufacturing applications; alkylalkanolamines, such as methyl diethanolamine, aminoethyl ethanolamine, and monomethyl ethanolamine; amine and amine derivatives for general industrial use, namely, morpholine, n-methylmorpholine, n-ethylmorpholine, n-methylmorpholine oxide, n-aminoethylpiperazine, and 2-(2-aminoethoxy) ethanol; ethanolamines, namely, monoethanolamine, diethanolamine, triethanolamine, and dimethylethanolamine, all for use in industrial and manufacturing applications; amine and amine derivatives for general industrial use, namely, morpholine, n-methylmorpholine, n-ethylmorpholine, n-methylmorpholine oxide, n-aminoethylpiperazine, and 2-(2-aminoethoxy) ethanol; heat transfer fluids for use in a wide variety of industrial uses, metal working fluids containing a glycol, namely, ethylene glycol and or propylene glycol, aromatic distillate, auxiliary products for use in the textile industry, namely, fixing agents catalysts for the manufacture of flexible foams, rigid foams, coatings, elastomers, and plastics; catalysts for use in the manufacture of maleic anhydride; chemical additives and surfactants for use as tank-added adjuvants and compatibilizers in the agrochemical field; chemical additives for fuel treatment; chemical additives for use in the manufacture of agrochemicals; chemical additives for use in the manufacture of polymer and copolymer resins; chemical agents for removal of unwanted contaminants from non-liquid gas streams; chemical components for use in the manufacture of polyureas; chemical compound 2-(2-aminoethoxy) ethanol for use as a natural gas treating agent and as a chemical intermediate for the production of surface active agents and polyether polyol condensation polymers; chemical granulates used in the production of thermoplastic polyurethanes for extrusion, injection molding and producing films; chemical motor fuel additives for controlling deposits on internal combustion engines; chemical preparations for stabilizing soil; chemical preparations for use in agriculture, horticulture and forestry, namely, chemical preparations for the treatment of seeds; chemical products for use as auxiliary agents in the textile, leather, and paper industries, chemical products for use in the textile, paper, leather, plastics, animal skin and artificial leather industry; chemical products used in industry, namely, unprocessed artificial resins and plastics used as sealants of plastic, rubber and wax, and as release agents in the production of models, molds, tools and other shapes; chemical products used to modify or improve the physical or chemical properties of polyurethane amine catalysts or polyurethane foams; chemicals for manufacturing rigid polyurethanes; chemicals for the preparation of such polyurethane elastomers; chemicals for use as dispersants and stabilizers in the coating, paint, and ink fields; chemicals for use as plasticizers, solvents, thickening agents, frothing agents, hydraulic fluid and chemical intermediates; chemicals for use in industry, all for use in the manufacture of polyurethane foam; chemicals for use in metal treating applications; chemicals for use in the field of oil exploration and production; chemicals for use in the manufacture and treatment of paper, textiles, and fabrics; chemicals for use in the manufacture of ceramic articles; chemicals for use in the manufacture of pesticide and adjuvant formulations; chemicals for use in the manufacture of pharmaceuticals, cosmetics, herbicides, and pesticides; chemicals for use in the manufacture of polyurethanes; chemicals for use in the manufacture or treatment of microchips, circuit boards, and other electronic articles; chemicals for use in the electronics industry; chemicals for use in the mining and mineral processing industries; chemicals for use in the preparation of polyurea and polyurethane systems; chemicals for use in the textile industry, namely, pre-treatment agents, penetrating agents, solvents, wetting agents, emulsifying agents, dispersing agents, and agents for bleaching and scouring; chemicals solvents for equipment cleaning purposes; chemicals used as additives for bleaching agents; stabilizers, namely, dye stabilizers, color stabilizers for textile wetting agents; chemicals used in industry including surface active agents for use in the mining, minerals and mineral treatment industries; chemicals used in the manufacture of textiles, namely, fastness improvers and wet fastness improvers for dyeing textile and fabrics made from cellulose fibers; chemicals used in the manufacture of textiles, paper, leather, animal skin and artificial leather, namely, dye bath conditions; chemicals used in the process of dyeing textiles as fastness improvers and fixing agents; chemicals, namely, maleic anhydride; curing agents for use in the manufacture of polymeric materials; detergents for industrial purposes; dyestuffs, coloring matters, chemical products for use as auxiliary agents in the textile industry; epoxy resins; ethanolamines, namely, monoethanolamine, diethanolamine, triethanolamine, and dimethylethanolamine, all for use in industrial and manufacturing applications; ethylene oxide, propylene oxide, and synthetic surface active agents, all for use in detergents, cleaning compounds, paints, agricultural emulsifiers, paper applications, paper deinking, oilfield applications, metal treating applications, corrosion inhibition, mold release agents, and mineral processing; ethylene; flame proofing agents; glycol bottoms, aromatic distillate, glycols, namely, monoethylene glycol, diethylene glycol, triethylene glycol, propylene glycol, dipropylene glycol, and other polyoxyalkylene glycols, polyethylene gycols and polypropylene glycols, all for use in industrial and manufacturing applications; glycols, such as monoethylene glycol, diethylene glycol, triethylene glycol, propylene glycol, dipropylene glycol, and otherheat transfer fluids and metal working fluids, containing a glycol, namely, ethylene glycol and propylene glycol; heat transfer fluids containing a glycol, such as ethylene glycol and propylene glycol; hydroxy alkyl carbamates for use in coatings/resins systems in automotive and other applications hydroxy terminated polyoxyalkalene ethers for use as polyurethane raw material and for use in the manufacture of foams, paints, coatings, elastomers, plastics and a wide variety of other industrial uses; ink dispersing agents; isocyanates for use in rigid and flexible foams, elastomers, coatings, adhesives, and composite wood products; maleic anhydride and fumaric acid for use in a wide variety of industrial and manufacturing applications; metal working fluids containing a glycol, such as ethylene glycol and propylene glycol; methyl tertiary butyl ether for use in reformulated motor fuels; mixtures of synthetic latex, synthetic resins, and derivatives of ethyleneamines for use in the manufacture of ceramic composites; mold release agents for natural and synthetic products; motor fuel additives for controlling deposits on internal combustion engines; n-methylmorpholine oxyde, n-aminoethylpiperazine, and 2- (2-aminoethoxy) ethanol; nonylphenol and dinonylphenol for use in the manufacture of surface-active agents or as detergents, light stabilizers, petroleum demulsifiers, oil-soluble phenolic resins, plasticizers, dyestuffs, germicides, insecticides, and aromatic oils; optical bleaching agent organic carbonates, namely, ethylene carbonate and propylene carbonate, for use as solvents for use in a wide variety of industrial uses organic carbonates, such as ethylene carbonate and propylene carbonate, for use as solvents; polyether amines, for use in curing and hardening agents for epoxy resins and adhesives, and in the manufacture of flexible foams, rigid foams, coatings, elastomers, and plastics polyetheramines for use in modifying polymers; polymide and bis-phenol-a compounds for use in the manufacture of synthetic resins; polyols, namely, propylene oxide and ethylene oxide based polyols for polyurethane, elastomer, and thermoplastic urethane applications; polyoxyalkylene glycols, polyethylene glycols and polypropylene glycols; polyoxyalkylene glycos for use as chemical intermediates, plasticizers, humectants, and dye carriers; polyoxyalkylene polyamines used as curing and hardening agents for epoxy resins; polyurethane adhesive for use in the automotive industry and for other industrial bonding applications; polyurethane elastomers used in the manufacture of shoes and shoe parts; pre-formed epoxy syntactic inserts to reinforce honeycomb structures; propylene; reduction inhibitors used to protect fabrics and textiles in the dying process; silicone based chemical agents in the textile industry used in treating textiles for textile resilience, textile crease resistance, and for improving sewability and making textiles softer; surface active compounds for general use in industry and manufacturing, namely, as wetting, spreading, emulsifying, dispersing and penetrating agents; surfactants for use in connection with agricultural pesticides; synthetic and formulated polymers for use in industry, namely, in coatings, construction, electronics, adhesives, power transmission and distribution, aerospace, wind energy, and automotive applications; synthetic epoxy resins for use in the manufacture of coatings, industrial paint, composites, sealants, laminating, bonding, castings, adhesives and industrial encapsulating compositions; synthetic resin plastics in sheet, rod, tube, granular and/or liquid form for industrial use; synthetic resinous adhesives for bonding metals, glass, ceramics, and/or plastics; synthetic resins for use in the manufacture of coatings, industrial paint, composites, sealants, laminating, bonding, casting and adhesives; synthetic resins in liquid and particle form used by the electronics industry as capsulents, substrates and adhesives for electrical circuit boards and electronic components synthetic resins in solid or liquid form for use in the manufacture of polymeric products, namely, polyurethanes and polyureas for use in further manufacture; synthetic surface active agents used in detergents, cleaning compounds, paints, agricultural emulsifiers, paper applications, paper deinking, oilfield applications, metal treating applications, corrosion inhibition, mold release agents, and mineral processing; systems comprising chemical components, namely {indicate specific chemicals} for manufacturing polyurethane; chemical components of said system sold separately and in any combination, namely, {list out chemical combinations} ; textile finishing chemicals and catalysts employed in their application; thermoplastic polyurethane granulates for use in extrusion, injection molding and producing films; unprocessed artificial resins and plastics for the production of models, molds, tools and other shapes; unprocessed artificial resins and synthetic resin plastics in the form of powders, pastes, liquids, emulsions, dispersions, pellets and granulates; unprocessed thermoplastic polyurethane polymers for use in coating magnetic tapes washing and bleaching agents for industrial purposes; chemical products suitable for dyeing purposes; Thermoplastic polyurethanes for use in injection molding of footwear and footwear components
International Class 2
cross-linking agents used for ink and dyes in the production of textiles, de-aerating agents used for ink and dyes in production of textiles, fabric softening agents, discharging agents used to treat fabrics and textiles depth, brightness, and penetrating enhancers for inks and dyes; disperse dyes for use in automotive fabrics; dyes and dyestuffs; dyes for polyimide carpet and textiles; dyes for use in the manufacture of wool, nylon and silk fibers; dyes for use with or on textiles; dyestuffs; ink and dye diluents; ink and printing binding agents for textiles ink and printing thickeners for textiles; pre-coating agents used in conjunction with inks and dyes for the production of textiles; textile dyes
International Class 9
Downloadable computer program for designing and evaluating amine-based gas and liquid testing plants through process simulation.
International Class 16
Adhesives for stationery and household purposes
International Class 17
Thermoplastic polyurethanes for use in injection molding of footwear and footwear components; semi-finished plastics, plastics for use in the manufacture of footwear, clothing, and sports equipment
International Class 42
Providing a website featuring resources, namely, non-downloadable software for designing and evaluating amine-based gas and liquid testing plants though process simulation.
Applicant may amend the identification to clarify or limit the goods, but not to broaden or expand the goods 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 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.
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class (for example, International Class 3: perfume; International Class 18: cosmetic bags sold empty).
(2) Submit a filing fee for each international class not covered by the fees already paid (view the USPTO’s current fee schedule). Specifically, the application identifies goods based on use in commerce that are classified in at least 6 classes; however, applicant submitted a fees sufficient for only 5 classes. Applicant must either (a) submit the filing fees for the classes not covered by the submitted fees or (b) restrict the application to the number of classes covered by the fees already paid.
(3) Submit verified dates of first use of the mark anywhere and in commerce for each international class. See more information about verified dates of use.
(4) Submit a specimen for each international class. The current specimen is acceptable for classes 1 and 2; and applicant needs an acceptable specimen for class 9, 16, and 17. Should applicant choose to include Class 42, an additional specimen will be required. See more information about specimens.
Examples of specimens for goods include tags, labels, instruction manuals, containers, and photographs that show the mark on the actual goods or packaging, or displays associated with the actual goods at their point of sale. Webpages may also be specimens for goods when they include a picture or textual description of the goods associated with the mark and the means to order the goods.
(5) Submit a verified statement that “The specimen was in use in commerce on or in connection with the goods and/or services listed in the application at least as early as the filing date of the application.” See more information about verification.
See 15 U.S.C. §§1051(a), 1112; 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(1), 2.86(a); TMEP §§904, 1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(a) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
Comments
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.
/Faucette, Max/
Trademark Examining Attorney
Law Office 107
(571)270-5655
max.faucette@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.