To: | Anova Applied Electronics, Inc. (tmdocket@leasonellis.com) |
Subject: | U.S. Trademark Application Serial No. 88328437 - ANOVA - 08220/312309 |
Sent: | November 26, 2019 09:54:27 PM |
Sent As: | ecom105@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88328437
Mark: ANOVA
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Correspondence Address: |
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Applicant: Anova Applied Electronics, Inc.
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Reference/Docket No. 08220/312309
Correspondence Email Address: |
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SUSPENSION NOTICE
No Response Required
The application is suspended for the reason(s) specified below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
The pending application(s) below has an earlier filing date or effective filing date than applicant’s application. If the mark in the application(s) below registers, the USPTO may refuse registration of applicant’s mark under Section 2(d) because of a likelihood of confusion with the registered mark(s). 15 U.S.C. §1052(d); see 37 C.F.R. §2.83; TMEP §§1208.02(c). Action on this application is suspended until the prior-filed application(s) below either registers or abandons. 37 C.F.R. §2.83(c). Information relevant to the application(s) below was sent previously.
- U.S. Application Serial No(s). 87080411, 88121515, and 88248151
Refusal(s) and/or requirement(s) maintained and continued.
The following refusal(s) and/or requirement(s) is/are maintained and continued:
See TMEP §713.02.
Please note that the above requirement is maintained and continued because the wording “downloadable software featuring recipes and information about cooking” is not acceptable. This wording does not describe “the purpose or function of the software” because, while the word “featuring” indicates that “recipes and information about cooking” are features, qualities, or characteristics of the software, this word does not indicate “[t]he action or purpose for which” the software “is suited or employed”. See TMEP §1402.03(d); http://www.ahdictionary.com/word/search.html?q=feature (defining a feature as “A prominent or distinctive part, quality, or characteristic”); http://www.ahdictionary.com/word/search.html?q=function (defining a “function” as “[t]he action or purpose for which a person or thing is suited or employed”).
The USPTO requires such specificity defining the purpose or function of 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 in International Class 9: “recorded desktop publishing software” and “downloadable mobile applications for managing bank accounts.”
Please note that the following amendment would satisfy the outstanding identification of goods requirement, if accurate:
Class 9: Downloadable software for controlling and monitoring cooking equipment; downloadable software for providing recipes and information about cooking
Class 11: Sous-vide machines; electric sous-vide cookers
Stylized text indicates changes
Suspension process. The USPTO will periodically check this application to determine if it should remain suspended. See TMEP §716.04. As needed, the trademark examining attorney will issue a letter to applicant to inquire about the status of the reason for the suspension. TMEP §716.05.
No response required. Applicant may file a response, but is not required to do so.
/Matthew Tully/
Matthew Tully
Trademark Examining Attorney
Law Office 105
(571) 270-5943