To: | CMBlu Projekt AG (tm@dykema.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88353487 - EVION - 067249-0052 |
Sent: | 6/5/2019 5:27:54 PM |
Sent As: | ECOM106@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88353487
MARK: EVION
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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: CMBlu Projekt AG
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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: 6/5/2019
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.
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).
Nevertheless, the applicant must respond to the following informalities in order to avoid abandonment.
To permit proper examination of the application, applicant must submit an English translation of the foreign wording in the mark EVION. 37 C.F.R. §§2.32(a)(9), 2.61(b); see TMEP §809.
The following English translation format is suggested:
The English translation of “EVION” in the mark is “_______________________”.
TMEP §809.03.
If there is no English translation of the wording in the applied-for mark, applicant must state this fact for the record.
Amend the Identification of Goods and Services
Note that some of the applicant’s goods in International Class 9 appear to be machines in International Class 7, even though they generate power.
Also, for the goods identified as “systems,” applicant must list the main components of the systems. Those main components must be in International Class 9 in order for the systems to be classified in International Class 9.
As to the services, International Class 40 is accepted and made of record. However, the identification of services in International Class 42 is indefinite and must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must specify the nature of many of the services listed in International Class 42 as well as their main purpose and their field of use or channels of trade.
Applicant may adopt the following wording, if accurate:
Industrial chemicals and chemical preparations for use in industry; chemical compositions for energy storage; redox-active chemical compounds as battery electrolytes in International Class 1.
Electric power supply machines and apparatus namely, ___________________ (please
specify these goods by their common commercial names); electric power distribution or control machines and apparatus namely, ___________________ (please
specify these goods by their common commercial names); stationary power supply machines and apparatus namely, ___________________ (please specify these
goods by their common commercial names); emergency power supply machines and apparatus namely, ___________________ (please specify these goods by their
common commercial names, e.g., emergency power generators) in International Class 7.
Apparatus and devices, namely, ___________________ (please specify these goods by their
common commercial names, e.g., electrical power distribution units; uninterruptible electrical power supplies) for storing electric power and supplying electric power; mobile or stationary
power or energy storing devices or apparatus, namely, ___________________ (please specify these goods by their common commercial names); electrical battery cells; electric storage batteries; electric accumulators; rechargeable batteries; electrochemical generator batteries; capacitors;
electrochemical capacitors; super capacitors; electric power supply apparatus and cabinets namely, ___________________ (please specify these goods by their common
commercial names); apparatus and cabinets for uninterruptible electric power supply namely, ___________________ (please specify these goods by their common
commercial names); chargers; electric power supply machines and apparatus; electric power distribution or control machines and apparatus; stationary power
supply machines and apparatus; portable condensers being capacitors; portable power supply namely,
___________________ (please specify these goods by their common commercial names); emergency power supply machines and apparatus; electric power storage systems comprised of __________________________ (list the main components of the system that are in International Class 9); battery chargers devices for electric vehicle charging stations; movable electric power storage systems comprised of __________________________ (list the
main components of the system that are in International Class 9); apparatus and devices inverters, electric current and voltage regulators, frequency
converters, voltage converters, electric current rectifiers and inverters for transforming electric current, especially inverters, electric current and voltage regulators, frequency
converters, voltage converters, electric current rectifiers and inverters; apparatus and devices namely, ___________________ (please specify these goods by
their common commercial names) for control, management, local or remote monitoring and safety of the aforesaid apparatus and devices,
especially circuit breakers, measuring and thermal control apparatus, fire protection devices, overvoltage protection devices; computer software, especially software for the control,
management and local or remote monitoring of the aforesaid apparatus and devices (specify which particular “apparatus and devices are controlled and managed
and monitored by the software) in International Class 9.
Electricity generating; Consultancy services relating to the generation of electrical power; Generation of electrical power using carbon sequestration; Generation of gas and electricity; Generation of power; Production of electrical power from renewable sources; Production of energy by power plants; Rental of batteries in International Class 40.
Scientific or technical consultancy in the field of ____________________ (please specify the field of these scientific or technical consulting services); scientific laboratory services; energy-related or energy-storage related technological or scientific consultancy; product research and development of batteries or other energy-storing devices; chemical research and analysis; product testing of redox-active compounds; product testing of energy storage devices; computer software consultancy; development of software in International Class 42.
TMEP §1402.01
An in depth knowledge of the relevant field should not be necessary for understanding a description of the goods and/or services. TMEP §1402.01. “[T]echnical, high-sounding verbiage” should be avoided. Cal. Spray-Chem. Corp. v. Osmose Wood Pres. Co. of Am., 102 USPQ at 322.
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.
The application identifies goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 44.
(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 five classes; however, applicant submitted a fee(s) sufficient for only four class(es). 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 44 multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
Responding to this Office Action
For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
Again, in order 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.
Please feel free to call or email the assigned trademark examining attorney with questions about this Office action. Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the refusal(s) and/or requirement(s) in this Office action. See TMEP §§705.02, 709.06. Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
/John D. Dalier/
Trademark Examining Attorney
Law Office 106
USPTO
571.272.9150
john.dalier@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.