United States Patent and Trademark Office (USPTO)

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

 

 

 

COMBINED EXAMINER’S AMENDMENT/PRIORITY ACTION NONFINAL OFFICE ACTION

 

The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned.  Respond using the Trademark Electronic Application System (TEAS).  A link to the appropriate TEAS response form appears at the end of this Office action.

 

 

Issue date:  October 15, 2019

 

 

PRIORITY ACTION

 

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.

 

Applicant must address issues shown below.  On October 10, 2019, the examining attorney and Shoko Naruo, attorney of record, discussed the issues below.  Applicant must timely respond to these issues.  See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.

 

IDENTIFICATION AND CLASSIFICATION

 

Applicant accepted the identification and classification below.  Applicant also deleted the entry “electric motors for machines”.  Therefore, applicant must pay the additional filing fees required for adopting the additional classes.

 

The identification of goods is indefinite and overbroad.  Specifically, applicant must indicate:

 

1. Whether the livestock waterers and feeders are electronic/mechanized or animal activated/non-mechanized,

 

2. Whether the livestock pens, tie stalls, fee stalls, gates, penning panels, crates, and swine enclosures are made of metal or non-metal;

 

3. Whether the computer software is downloadable or non-downloadable, and

 

4. The purpose of the ventilation fans.

 

The identification is also overbroad because it could identify goods in more than one international class.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03, 1904.02(c), (c)(ii).  For example, animal enclosures namely metal tie stalls is in class 6 whereas animal enclosures namely non-metal tie stalls is in class 19.

 

Applicant may adopt the following wording, if accurate:

 

Class 5: Feed supplements for swine;

 

Class 6: Metal livestock pens and stalls; Animal enclosures namely metal tie stalls, free stalls, gates, penning panels, and stables; Equipment for animal husbandry and spare and replacement parts therefor, namely metal enclosures for swine; Metal stalls and pens for swine; Metal connectors for electrical fixtures, namely mounts for fastening lighting fixtures and electrical fans to a surface;

 

Class 7: Electronic feeders for animals; Mechanized livestock feeders; Equipment for animal husbandry and spare and replacements parts therefor, namely electronic feeders for swine;

 

Class 9: Equipment for sorting and providing enrichment to sows and gilts namely actuators for operating lighting and loudspeakers for swine stall; Thermostats and timers for residential, commercial and agricultural use; Remote controllers for lighting, heating and ventilation equipment; Downloadable computer software, computer hardware and electronic control systems for machines for animal husbandry for swine, namely for controlling the operation of systems and devices for gestating, farrowing, providing feed, water, bedding, enrichment, activities, stimulation, access and vaccinations, for sorting sows and gilts, for monitoring, recording and management of data relating to swine, and, for controlling blending feed and feed supplements for swine; Electronic controllers for heating and ventilation systems of barns, commercial structures, and greenhouses;

 

Class 11: Electric space heaters for agricultural use; Mechanized and non-mechanized livestock waterers; Lighting fixtures; Electric lamps; Light bulbs; Ceiling fans; Electric fans for household, agricultural and industrial purposes; ventilation fans for household, agricultural and industrial purposes; Ventilation hoods; Barn, commercial and greenhouse heating and ventilation fans, namely roof exhausts fans, wall exhausts fans, circulating fans, and blower fans;

 

Class 19: Animal enclosures namely non-metal gates; equipment for animal husbandry and spare and replacements parts therefor, namely non-metal enclosures for swine;

 

Class 20: Animal enclosures namely wood and plastic crates; Metal stalls and pens for swine;

 

Class 21: Animal feeding apparatus, namely, animal activated livestock feeder; Equipment for animal husbandry and spare and replacements parts therefor, namely animal activated feeders for swine

 

Class 27: Cow stall floor mats; Flooring for swine enclosures;

 

            Class 31: Animal feed

 

The application identifies goods in more than one international class; therefore, applicant must 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 already paid (view the USPTO’s current fee schedule).  The application identifies goods that are classified in at least ten (10) classes; however, applicant submitted a fee sufficient for only one (1) class.  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.

 

Applicant may amend the identification to clarify or limit the goods, but not to broaden or expand the goods beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Generally, any deleted goods may not later be reinserted.  See TMEP §1402.07(e).

 

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.

 

PARTIAL ABANDONMENT ADVISORY

 

If applicant does not respond to this Office action within the six-month period for response, the following goods in International Class 5, 7, 9, 11, 19, 20, 21, 27, and 31 will be deleted from the application: 

Class 5: Feed supplements for swine;

 

Class 7: Electronic feeders for animals; Mechanized livestock feeders; Equipment for animal husbandry and spare and replacements parts therefor, namely electronic feeders for swine;

 

Class 9: Equipment for sorting and providing enrichment to sows and gilts namely actuators for operating lighting and loudspeakers for swine stall; Thermostats and timers for residential, commercial and agricultural use; Remote controllers for lighting, heating and ventilation equipment; Downloadable computer software, computer hardware and electronic control systems for machines for animal husbandry for swine, namely for controlling the operation of systems and devices for gestating, farrowing, providing feed, water, bedding, enrichment, activities, stimulation, access and vaccinations, for sorting sows and gilts, for monitoring, recording and management of data relating to swine, and, for controlling blending feed and feed supplements for swine; Electronic controllers for heating and ventilation systems of barns, commercial structures, and greenhouses;

 

Class 11: Electric space heaters for agricultural use; Mechanized and non-mechanized livestock waterers; Lighting fixtures; Electric lamps; Light bulbs; Ceiling fans; Electric fans for household, agricultural and industrial purposes; ventilation fans for household, agricultural and industrial purposes; Ventilation hoods; Barn, commercial and greenhouse heating and ventilation fans, namely roof exhausts fans, wall exhausts fans, circulating fans, and blower fans;

 

Class 19: Animal enclosures namely non-metal gates; equipment for animal husbandry and spare and replacements parts therefor, namely non-metal enclosures for swine;

 

Class 20: Animal enclosures namely wood and plastic crates; Metal stalls and pens for swine;

 

Class 21: Animal feeding apparatus, namely, animal activated livestock feeder; Equipment for animal husbandry and spare and replacements parts therefor, namely animal activated feeders for swine

 

Class 27: Cow stall floor mats; Flooring for swine enclosures;

 

            Class 31: Animal feed

 

The application will then proceed with the following goods in International Class 6 only:

 

Class 6: Metal livestock pens and stalls; Animal enclosures namely metal tie stalls, free stalls, gates, penning panels, and stables; Equipment for animal husbandry and spare and replacement parts therefor, namely metal enclosures for swine; Metal stalls and pens for swine; Metal connectors for electrical fixtures, namely mounts for fastening lighting fixtures and electrical fans to a surface

 

See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).

 

 

EXAMINER’S AMENDMENT

 

Application has been amended as shown below.  As agreed to by the individual identified in the Priority Action section, the examining attorney has amended the application as shown below.  Please notify the examining attorney immediately of any objections.  TMEP §707.  In addition, applicant is advised that amendments to the goods are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods are not permitted.  37 C.F.R. §2.71(a).

 

Identification.  The identification of goods is amended to read as follows:

 

Class 6: Metal livestock pens and stalls; Animal enclosures namely metal tie stalls, free stalls, gates, penning panels, and stables; Equipment for animal husbandry and spare and replacement parts therefor, namely metal enclosures for swine; Metal stalls and pens for swine; Metal connectors for electrical fixtures, namely mounts for fastening lighting fixtures and electrical fans to a surface

 

See TMEP §§1402.01, 1402.01(e).

 

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.  

 

How to respond.  Click to file a response to this nonfinal Office action.

 

 

Biftu, Beniam

/Ben Biftu/

Trademark Examining Attorney

United States Patent & Trademark Office

Law Office 117

571-272-1525

bbiftu@uspto.gov

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond. 

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on October 15, 2019 for

U.S. Trademark Application Serial No. 88400502

 

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. 

 

 

Biftu, Beniam

/Ben Biftu/

Trademark Examining Attorney

United States Patent & Trademark Office

Law Office 117

571-272-1525

bbiftu@uspto

 

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 October 15, 2019, 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.”