To: | TEYEO HOLDINGS LLC (info@basck.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88329358 - XICO - N/A |
Sent: | 5/23/2019 2:27:42 PM |
Sent As: | ECOM109@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88329358
MARK: XICO
|
|
CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
|
APPLICANT: TEYEO HOLDINGS LLC
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
|
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: 5/23/2019
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.
A. No Conflicting Marks Found
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).
B. Identification of Goods/Services
Applicant must specify the common commercial or generic name for the goods/services. If the goods/services have no common commercial or generic name, applicant must describe the nature of the goods/services as well as their main purpose, channels of trade, and the intended consumer(s).
Applicant may adopt the following identification of goods/services if accurate: See TMEP §1402.01
International Class 009: Scientific apparatus {please define the specific apparatus in this class}; scientific instruments {please define the specific instruments in this class}; Research apparatus{please define the specific apparatus in this class}; Research instruments{please define the specific instruments in this class}; Optical apparatus{please define the specific apparatus in this class}; Optical instruments{please define the specific instruments in this class}; Signaling apparatus{please define the specific apparatus in this class}; Signaling instruments {please define the specific instruments in this class; Life-saving apparatus {please define the specific apparatus in this class};; Life-saving instruments {please define the specific instruments in this class}; Apparatus and instruments controlling electricity {as electric current}; Apparatus and instruments for switching electricity {as electric current}; Apparatus and instruments for transforming electricity {as electric current}; Apparatus and instruments for regulating electricity {as electric current}; Apparatus and instruments for conducting electricity {as electric current}; Apparatus and instruments for accumulating electricity {as electric current}; Apparatus and instruments for storing electricity {please define the apparatus and instruments with common name}; Electrical and electronic instruments for the transmission of data {please define the specific instruments in this class}; Electrical and electronic instruments for the reception of data {please define the specific instruments in this class}; Electrical and electronic instruments for logging data; {please define the specific instruments in this class}; Electrical and electronic instruments for processing data {please define the specific instruments in this class}; Electrical and electronic instruments for storing data {please define the specific instruments in this class}; Recorded media {please define e.g. Pre-recorded digital media devices featuring {indicate subject matter} [excluding gaming apparatus]; Downloadable media {please define e.g. Pre-recorded digital media devices featuring {indicate subject matter} [excluding gaming apparatus] Computer software{downloadable} {please indicate the function of the software}; Downloadable software {please indicate the function of the software}; {downloadable} mobile software applications {please indicate the function of the software}; {blank} Data storage media {define the media}; Calculating devices {namely, calculators}; Computers; Computer peripheral devices
In the identification of goods, applicant must use the common commercial or generic names for the goods, be as complete and specific as possible, and avoid the use of indefinite words and phrases. TMEP §1402.03(a); see 37 C.F.R. §2.32(a)(6). If applicant uses indefinite words such as “apparatus,” or “instruments,” such wording must be followed by “namely,” and a list of each specific product identified by its common commercial or generic name. See TMEP §§1401.05(d), 1402.03(a).
Applicant must specify the common commercial or generic name for the goods/services. If the goods/services have no common commercial or generic name, applicant must describe the nature of the goods/services as well as their main purpose, channels of trade, and the intended consumer(s).
Applicant may adopt the following identification of goods/services if accurate: See TMEP §1402.01
International Class 011: Lighting {installations}; Lighting elements {as fixtures}; Lighting apparatus {please define the specific apparatus}; Lighting installations; {ceiling} Light fittings; Lighting panels {as flat panel lighting apparatus}; Strings of lights {namely, String lights for festive decoration} ; LED light bulbs; LED modules; LED lighting fixtures; LED lighting systems {namely, LED modules, power supplies, and wiring; LED light machines; LED light strips {for decorative purposes}
Applicant must specify the common commercial or generic name for the goods/services. If the goods/services have no common commercial or generic name, applicant must describe the nature of the goods/services as well as their main purpose, channels of trade, and the intended consumer(s).
Applicant may adopt the following identification of goods/services if accurate: See TMEP §1402.01
International Class 042: Technological analysis services {please specify type of services, e.g., scientific research, analysis, testing, etc.} in the field of {indicate field or subject matter}; Technological services {please define e.g. scientific research services}; Scientific research; Scientific research services in the field of lighting; Scientific services and design relating thereto {please define the specific services and the type of design}; Scientific laboratory services; Industrial analysis {as analysis of industrial fluids}; Industrial research services {please define filed and subject matter}; {computer} programming services; Design and development of computer hardware; Design and development of computer software; Updating and maintenance of software; Graphic design; Software as a Service (SaaS) {featuring computer software platforms please indicate the function of the software}; Platform as a Service (PaaS) {featuring computer software platforms please indicate the function of the software};; Data as a Service (DaaS) {please define the specific data services in this class}; Hosting of {websites featuring} computerized data, files, applications and information in the field of science and technology
Class 037: Updating and maintenance of hardware;
Although identifications of goods and/or services may be amended to clarify or limit the goods and/or services, adding to or broadening the scope of the goods and/or services is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07. Therefore, applicant may not amend the identification to include goods and/or services that are not within the scope of the goods and/or services set forth in the present identification.
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.
Although identifications of goods and/or services may be amended to clarify or limit the goods and/or services, adding to or broadening the scope of the goods and/or services is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07. Therefore, applicant may not amend the identification to include goods and/or services that are not within the scope of the goods and/or services set forth in the present identification.
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.
(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 4 classes; however, applicant submitted a fee(s) sufficient for only 3 classes. Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
C. General Inquiry on Significance
Applicant must explain whether “XICO” has any meaning or significance in the industry in which the goods and/or services are manufactured/provided, or if such wording is a “term of art” within applicant’s industry. Applicant must also explain whether this wording identifies a geographic place. See 37 C.F.R. §2.61(b); TMEP §814.
Further, applicant must provide additional information about this wording to enable proper examination of the application. Specifically, applicant must respond to the following questions:
1. Does the wording have a foreign translation?
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.
Rossman, William
/Rossman, William/
EXAMINING ATTORNEY
LAW OFFICE 109
PHONE: 571-272-9029
EMAIL: william.rossman@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.