To: | Lyten, Inc. (tsdr@mlo-ip.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88335195 - LYTEN 3-D GRAPHENES - LYTET007 |
Sent: | 5/23/2019 10:07:40 AM |
Sent As: | ECOM109@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88335195
MARK: LYTEN 3-D GRAPHENES
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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: Lyten, Inc.
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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: 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.
SEARCH OF OFFICE’S DATABASE OF MARKS
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).
Note: Applicant may expedite the resolution of these issues by calling or emailing the examining attorney below to issue an Examiner’s Amendment.
Identification of Goods and Services
The identification of goods and services is indefinite and must be clarified. As outlined below, some services in class 37 are properly in class 40 and otherwise are repeated and should be deleted as duplicate language. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant may adopt the following identification, if accurate:
Class 01Hydrogen; Carbon; Processed hydrogen as raw materials; Processed carbon as raw materials
Class 11: Hydrogen and carbon generation equipment and components, namely, hydrogen generators and carbon generators
Class 35: Business consulting in the field of hydrogen and carbon generation equipment
Class 37: Abatement services for hydrocarbon related
emissions, namely, environmental containment of emissions by mitigating criteria pollutants and sequestering carbon in solid form; Leasing of hydrogen and carbon
generation equipment<duplicate and misclassified>; Installation and maintenance of hydrogen and carbon generation equipment
Class 40: Abatement services for hydrocarbon related emissions, namely, treatment of greenhouse gases and short-lived climate pollutants; Abatement services for hydrocarbon related emissions, in the nature of environmental containment of emissions by mitigating criteria pollutants and sequestering carbon in solid form, namely, treatment of greenhouse gases and short-lived climate pollutants; Abatement services for hydrocarbon related emissions, namely, treatment of greenhouse gases and short-lived climate pollutants by means of a chemical process that operates on effluent gas streams from power plants and other sources that generate carbon dioxide; Leasing of hydrogen and carbon generation equipment; Abatement services for hydrocarbon related emissions, namely, environmental containment of emissions by mitigating criteria pollutants and sequestering carbon in solid form;
Class 42: Engineering consulting in the field of hydrogen and carbon generation equipment; Technical advice relating to operation of hydrogen and carbon generation equipment
Class 45: Licensing of intellectual property related to hydrogen and carbon generation equipment and related consulting
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.
In this case, applicant must disclaim the wording “3-D GRAPHENE” because it is not inherently distinctive. These unregistrable term(s) at best are merely descriptive of an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s goods and/or services. See 15 U.S.C. §1052(e)(1); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012); TMEP §§1213, 1213.03(a).
The attached definitions of 3-D and GRAPHENE describe three dimensional carbon construct. The additional evidence shows there are examples of 3-D printed graphene. The wording is descriptive of the construct and nature of applicant’s goods and services and must be disclaimed. See Attached.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “3-D GRAPHENE” apart from the mark as shown.
For an overview of disclaimers and instructions on how to satisfy this issue using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration.
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.
If the applicant has any questions or needs assistance regarding this action, please telephone the assigned examining attorney.
/FrankLattuca/
Frank Lattuca
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 109
(571) 270-1518
Frank.Lattuca@u
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.