To: | Verily Life Sciences LLC (tmadmin@kilpatricktownsend.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88376497 - LET'S STOP BAD BUGS WITH GOOD BUGS - 101445-TBD |
Sent: | 6/25/2019 9:03:49 PM |
Sent As: | ECOM105@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88376497
MARK: LET'S STOP BAD BUGS WITH GOOD BUGS
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CORRESPONDENT ADDRESS: KILPATRICK TOWNSEND & STOCKTON LLP |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Verily Life Sciences LLC
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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: 6/25/2019
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).
IDENTIFICATION OF GOODS AND SERVICES REQUIREMENT
The identification of goods and services must be clarified because it is indefinite and/or overbroad, as further explained below.
Class 7
Specifically, the wording “Machines and equipment for insect breeding and rearing” in International Class 7 is indefinite and too broad. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. This wording is indefinite because the nature of these machines and equipment is not clear. Further, this wording could identify goods in more than one international class. For example, incubators for eggs are in International Class 7 and insect habitats are in International Class 21. If referring to goods in International Class 7, applicant may substitute the following wording, if accurate: “Machines and equipment for insect breeding and rearing in the nature of incubators for insect eggs”.
Further, the wording “automated insect rearing systems” is indefinite and too broad. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. This wording is indefinite because the nature of these rearing systems and the components comprising them is/are not clear. Further, this wording could identify goods in more than one international class. For example, systems comprised primarily of pneumatic actuators are in International Class 7, systems comprised primarily of electric actuators are in International Class 9, and insect habitats are in International Class 21. If referring to goods in International Class 7, applicant may substitute the following wording, if accurate: “automated insect rearing systems consisting primarily of robotic pneumatic actuators that control automated feeding trays, larvae and pupae chambers, and adult rearing cages”.
Class 11
In International Class 11, the wording “Automated breeding and rearing system for pest control consisting of larvae-rearing habitat and automated sex separation device” is indefinite, overbroad, and appears to be misclassified. See 37 C.F.R. §2.32(a)(6)-(7), 2.85; TMEP §§1401.02(a), 1401.03(b), 1402.01, 1402.03. This wording is indefinite because the nature of the automated breeding and rearing systems and their components is/are unclear. Further, this wording could identify goods in more than one international class. For example, systems comprised primarily of pneumatic actuators are in International Class 7 and insect habitats are in International Class 21. If referring to goods in International Class 21, applicant may substitute the following wording, if accurate: “Automated breeding and rearing system for pest control consisting primarily of insect larvae-rearing habitat and also including automated sex separation device”. Please note that if applicant adopts this suggested amendment of the identification of goods and/or services, then applicant must amend the classification to International Class 21. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§805, 1401.
Class 31
The wording “Live insects and insect larvae” in International Class 31 is indefinite because the intended purpose for these goods is unclear. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must amend this wording to further describe the products, their main purpose, and its intended uses. See TMEP §1402.01. Applicant may substitute the following wording, if accurate: “Live beneficial insects; live insect larvae for scientific and medical research”.
Class 42
Finally, the wording “Research, development, testing, scientific advice and product development consultation in the field of insect rearing and insect control” in International Class 42 is indefinite because the nature of each of these listed services is unclear. Applicant must amend this wording by further explaining the nature of each of these services using clear and succinct language. See TMEP §1402.01. Applicant may substitute the following wording, if accurate: “Research and development of technology in the field of insect rearing and insect control; scientific advice services, namely, scientific research consulting in the field of insect rearing and insect control; product development consultation in the field of insect rearing and insect control; scientific and technological services, namely, testing in the field of insect rearing and insect control”.
Applicant may adopt the following identification, if accurate:
Class 7: Machines and equipment for insect breeding and rearing in the nature of incubators for insect eggs; automated insect rearing systems consisting primarily of robotic pneumatic actuators that control automated feeding trays, larvae and pupae chambers, and adult rearing cages
Class 21: Automated breeding and rearing system for pest control consisting primarily of insect larvae-rearing habitat and also including automated sex separation device
Class 31: Live beneficial insects; live insect larvae for scientific and medical research
Class 37: Pest control services, other than for agriculture, horticulture and forestry
Class 42: Research and development of technology in the field of insect rearing and insect control; scientific advice services, namely, scientific research consulting in the field of insect rearing and insect control; product development consultation in the field of insect rearing and insect control; scientific and technological services, namely, testing in the field of insect rearing and insect control
Class 44: Animal breeding
Stylized text indicates changes.
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.
advisory – Multi-Class Application Requirements
Therefore, applicant must either (1) restrict the application to the number of classes covered by the fees already paid, or (2) satisfy all the requirements below for each international class based on Trademark Act Section 1(b):
(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 7 classes; however, applicant submitted a fee(s) sufficient for only 6 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 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
RESPONSE GUIDELINES
To expedite prosecution of the application, applicant is encouraged to file its response to this Office action online via the Trademark Electronic Application System (TEAS), which is available at http://www.gov.uspto.report/trademarks/teas/index.jsp. If applicant has technical questions about the TEAS response to Office action form, applicant can review the electronic filing tips available online at http://www.gov.uspto.report/trademarks/teas/e_filing_tips.jsp and e-mail technical questions to TEAS@uspto.gov.
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.
/Matthew Tully/
Matthew Tully
Trademark Examining Attorney
Law Office 105
(571) 270-5943
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.