Examiners Amendment

United States Patent and Trademark Office (USPTO)

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

 

 

 

EXAMINER’S AMENDMENT

 

 

Issue date:  May 19, 2020

 

Upon further review, earlier filed application no. 79231218, now registered, is withdrawn as a potential likelihood of confusion cite.  Also, the likelihood of confusion refusals based on Registration Nos. 2805267 and 5268981 are withdrawn.

 

 

USPTO database searched; no conflicting marks found.  The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d).  15 U.S.C. §1052(d); TMEP §704.02.

 

Application has been amended as shown below.  As agreed to by Heather E. Balmat on May 19, 2020, the examining attorney has amended the application as shown below.  Please notify the examining attorney immediately of any objections.  TMEP §707.  Otherwise, no response is required.  Id.  In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted.  37 C.F.R. §2.71(a).

 

 

Identification of Goods is amended to the following:

 

IC 009: a smartwatch that measures the user's ability to convert body heat to electric power using a thermoelectric element; smartwatch and wearable activity tracker that measures the user's activity, steps taken, and sleep patterns and features a compass, altimeter, power meter, and wireless communication channel; downloadable mobile app that communicates with the user's smartwatch and wearable activity tracker to record and display data regarding the user's activity, steps taken, sleep patterns, direction, and altitude; smartwatch and wearable activity tracker that is powered by the user's body heat using thermoelectric technology; downloadable mobile app that communicates with the user's smartwatch and wearable activity tracker to record and display the user's electrical power generation; apparatus for converting thermal energy to electrical energy, namely, thermoelectric converters; Electronic signal transmitters, namely, location beacons and beacons in the nature of wireless transmitters for internet of things devices; sensors in the nature of temperature, environmental humidity, weather, smoke, motion and sound sensors for internet of things devices; energy harvesting devices, namely, electrical conductors; thermoelectric components for incorporation into other devices

 

IC 011: refrigeration equipment, namely, namely, rapid chilling units for household use; home refrigeration units for rapidly chilling or freezer food and beverages; thermoelectric cooling materials, namely, portable thermoelectric cooling unit for foods and beverages; HVAC units; refrigerators

 

 

 

 

/Ellen Awrich/

Trademark Examining Attorney

Law Office 116

571-272-9123

ellen.awrich@uspto.gov

 

 

 

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on May 19, 2020 for

U.S. Trademark Application Serial No. 88346529

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

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

 

 

/Ellen Awrich/

Trademark Examining Attorney

Law Office 116

571-272-9123

ellen.awrich@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).

 

 

 

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.”