To: | Vixen Surface Treatments Limited (ekdkdocket@kcpatentlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88416985 - VIXEN SURFACE TREATEMENTS - 5177.002 |
Sent: | February 24, 2020 06:59:39 PM |
Sent As: | ecom115@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88416985
Mark: VIXEN SURFACE TREATEMENTS
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Correspondence Address: |
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Applicant: Vixen Surface Treatments Limited
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Reference/Docket No. 5177.002
Correspondence Email Address: |
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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: February 24, 2020
Applicant must address issues shown below. On February 24, 2020, the examining attorney and David L. Rein Jr., Esq. discussed the issue below. Applicant must timely respond to this issue. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.
In a previous Office action dated July 22, 2019, the trademark examining attorney required applicant to amend the identification of goods, disclaim the descriptive wording in the mark, and provide a copy of the foreign registration certificate.
Based on applicant’s response, the trademark examining attorney notes that the following requirements have been satisfied: foreign registration certificate has been provided and applicant disclaimed the descriptive wording in the mark. See TMEP §§713.02, 714.04.
Furthermore, in applicant’s response dated January 21, 2020, applicant amended the identification of goods. However, as discussed via telephone on February 24, 2020, this requirement is maintained and continued as set forth below. Additionally, the new issue raised in applicant’s response has been resolved via examiner’s amendment. Please see below.
SUMMARY OF ISSUES
IDENTIFICATION OF GOODS
THIS PARTIAL REQUIREMENT APPLIES ONLY TO THE GOODS SPECIFIED THEREIN
Applicant should note that any wording in bold, in italics, underlined and/or in ALL CAPS below offers guidance and/or shows the changes being proposed for the identification of goods and/or services. If there is wording in the applicant’s version of the identification of goods and/or services which should be removed, it will be shown with a line through it such as this: strikethrough. When making its amendments, applicant should enter them in standard font, not in bold, in italics, underlined and/or in ALL CAPS.
Applicant may adopt the following identification, if accurate:
International Class 007: Industrial cleaning machines, namely, industrial blast cleaning machines for washing and degreasing of components; high pressure liquid machines, namely, machines for cleaning component surfaces using high pressure water; machines utilizing high pressure liquids, namely, machines for cleaning component surfaces using high pressure water; machines that produce streams of liquids for blast cleaning a surface; wet blasting machines for blast cleaning a surface; degreasing machines for use on metallic and plastic surfaces; vapor blasting machines for blast cleaning a surface; slurry blasting machines for blast cleaning a surface
Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services 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 and/or services may not later be reinserted. See TMEP §1402.07(e). Additionally, for U.S. applications filed under Trademark Act Section 44(e), the scope of the identification for purposes of permissible amendments may not exceed the scope of the goods and/or services identified in the foreign registration. 37 C.F.R. §2.32(a)(6); Marmark, Ltd. v. Nutrexpa, S.A., 12 USPQ2d 1843, 1845 (TTAB 1989) (citing In re Löwenbräu München, 175 USPQ 178, 181 (TTAB 1972)); TMEP §§1012, 1402.01(b).
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
ASSISTANCE
Please call or email the assigned trademark examining attorney with questions about this Office action. Although an examining attorney cannot provide legal advice, the examining attorney can provide additional explanation about the refusal(s) and/or requirement(s) in this Office action. See TMEP §§705.02, 709.06.
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
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.
Amended Drawing of the Mark
The drawing showing the mark in standard characters is amended to read as follows: “VIXEN SURFACE TREATMENTS”
TMEP §807.16; see 37 C.F.R. §2.72.
How to respond. Click to file a response to this nonfinal Office action.
/Sahar Nasserghodsi/
Sahar Nasserghodsi
Examining Attorney
Law Office 115
(571)272-9192
Sahar.Nasserghodsi@uspto.gov
RESPONSE GUIDANCE