Reconsideration Letter

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

REQUEST FOR RECONSIDERATION

AFTER FINAL ACTION

DENIED

 

 

Issue date:  June 19, 2020

 

 

Applicant’s request for reconsideration is denied.  See 37 C.F.R. §2.63(b)(3).  The trademark examining attorney has carefully reviewed applicant’s request and determined the request did not:  (1) raise a new issue, (2) resolve all the outstanding issue(s), (3) provide any new or compelling evidence with regard to the outstanding issue(s), or (4) present analysis and arguments that were persuasive or shed new light on the outstanding issue(s).  TMEP §§715.03(a)(ii)(B), 715.04(a). 

 

Section 2(d) Partial Refusal – Likelihood of Confusion

 

Applicant is advised this refusal pertains only to “Electronic cables; Electronic components for

computers; Blank electronic storage media; Electronic memories” in International Class 009.

 

Registration was refused under Trademark Act Section 2(d), 15 U.S.C. §1052(d), because the mark for which registration is sought so resembles the mark shown in U.S. Registration No. 2286312, as to be likely, when used on the identified goods and/or services, to cause confusion, or to cause mistake, or to deceive.  In applicant’s response, no new arguments have been raised that were not previously addressed.  Therefore, the final refusal under Trademark Act Section 2(d) is maintained and continued with respect to U.S. Registration No. 2286312.  See 15 U.S.C. §1052(d); 37 C.F.R. §2.63(b).

 

Accordingly, the following requirement(s) and/or refusal(s) made final in the Office action dated December 30, 2019 are maintained and continued: 

• Section 2(d) Partial Refusal – Likelihood of Confusion

 

See TMEP §§715.03(a)(ii)(B), 715.04(a). 

 

In addition, the following requirement(s) and/or refusal(s) made final in that Office action are withdrawn: 

• Amended Identification of Goods Required

 

See TMEP §§715.03(a)(ii)(B), 715.04(a).

 

If applicant does not respond to this Office action within the six-month period for response, the following goods and/or services in International Class 009 will be deleted from the application: “Electronic cables; Electronic components for computers; Blank electronic storage media; Electronic memories.”  The application will then proceed with International Class 028 and the following goods in International Class 009 only: “Electronic apparatus, namely, electronic display boards, plasma display boards, electronic display screens; Electronic computers; Electronic controllers used to reduce power consumption; Electronic device to charge and secure tablet PCs; Electronic digital signboards; Electronic equipment for point-of-sales (POS) systems, namely, point-of-sale terminals, bar code readers, optical readers, advertisement display monitors, keyboards, printers, scanners, radio transmitters, radio receivers, computer hardware, and computer operating software; Electronic hubs for connecting mouse, keyboard in an automobile; Electronic scalers for audio and video signals; Electronic switchers for audio and video signals; Electronic video surveillance products, namely, electronic components of security systems; Electronic weighing scales for kitchen use; Carrying cases, holders, protective cases and stands featuring power supply connectors, adaptors, speakers and battery charging devices, specially adapted for use with handheld digital electronic devices, namely, speakers; Cases for music, audio and related electronic equipment, namely, cases for audio tuners, audio receivers, amplifiers, tape players, compact disc players, MP3 controllers/players, audio mixers, audio speakers in the nature of music studio monitors, microphones, audio speakers, compact discs, audio tapes, portable computers, antennas, phonographic record players, audio recording equipment, and the cables associated with all of the foregoing equipment; Electric and electronic video surveillance installations.”  See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).

 

If applicant has already filed an appeal with the Trademark Trial and Appeal Board, the Board will be notified to resume the appeal.  See TMEP §715.04(a).

 

If applicant has not filed an appeal and time remains in the six-month response period, applicant has the remainder of that time to (1) file another request for reconsideration that complies with and/or overcomes any outstanding final requirement(s) and/or refusal(s), and/or (2) file a notice of appeal to the Board.  TMEP §715.03(a)(ii)(B).  Filing a request for reconsideration does not stay or extend the time for filing an appeal.  37 C.F.R. §2.63(b)(3); see TMEP §715.03(c). 

 

 

John Sullivan

/John Sullivan/

Examining Attorney

Law Office 114

(571) 272-9519

john.sullivan@uspto.gov

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on June 19, 2020 for

U.S. Trademark Application Serial No. 88345929

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

John Sullivan

/John Sullivan/

Examining Attorney

Law Office 114

(571) 272-9519

john.sullivan@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from June 19, 2020, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond

 

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”