To: | Shriro Australia Pty Limited (eweisz@cozen.com) |
Subject: | U.S. Trademark Application Serial No. 88433747 - EVERDURE - 5652-8 |
Sent: | August 10, 2019 02:46:48 PM |
Sent As: | ecom113@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88433747
Mark: EVERDURE
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Correspondence Address:
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Applicant: Shriro Australia Pty Limited
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Reference/Docket No. 5652-8
Correspondence Email Address: |
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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: August 10, 2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues 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).
AMENDMENT OF THE IDENTIFICATION OF GOODS AND SERVICES REQUIRED
The applicant provided the following identification of goods and services:
Class 11 - |
Household heaters; gas convector heaters; fans for ventilating; electronic cooling fans; electric heaters. |
The wording “Household heaters” in the identification of goods is indefinite and overly broad and must be clarified because the exact nature of the heaters that the applicant intends to provide is not clear. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Moreover, the wording is so broad that the wording could identify goods in multiple international classes. For example, the wording could identify “non-electric heaters for feeding bottles” in Class 21 or “storage heaters,” “bathroom heaters,” or “gas water heaters” in Class 11. Therefore, the applicant must amend the identification to clarify the exact goods that the applicant intends to provide.
The wording “fans for ventilating” in the identification of goods is indefinite and overly broad and must be clarified because the exact goods that the applicant intends to provide is not clear. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Moreover, the identification is broad enough that it could encapsulate multiple goods in multiple international classes. For example, the wording could include “electric ventilating fans for motors and engines” in Class 07 or “ventilating fans for commercial and industrial use” in Class 11. Therefore, the applicant must amend the identification to clarify the exact goods that the applicant intends to offer, as well as classify those goods in the proper international class.
The wording “electronic cooling fans” in the identification of goods is indefinite and overly broad and must be clarified because the exact cooling fans that the applicant intends to provide is not clear. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Moreover, the wording is vague enough that it could identify goods in multiple international classes. For example, the applicant could identify “internal cooling fans for computers” in Class 09 or “electric fans with evaporative cooling devices” in Class 11. Therefore, the applicant must amend the identification to clarify the exact goods that the applicant intends to offer, and classify those goods in the correct international class.
The wording “electric heaters” in the identification of goods is indefinite and must be clarified because the exact kind of electric heaters that the applicant intends to provide is not clear. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Therefore, the applicant must amend the identification to clarify the exact goods to be provided by the applicant.
The applicant may amend the identification of goods and services to the following, if accurate:
Class 07 - |
fans for ventilating, namely, {applicant to clarify the exact fans that the applicant intends to offer in Class 07 only, e.g. electric ventilating fans for motors and engines, etc.} |
Class 09 - |
electronic cooling fans, namely, {applicant must clarify the exact goods that the applicant intends to offer in Class 09, e.g. internal cooling fans for computers, etc.} |
Class 11 - |
Household heaters, namely, {applicant to clarify the exact household heaters in Class 11 that the applicant intends to provide, e.g. bathroom heaters, etc.}; gas convector heaters; fans for ventilating, namely, {applicant to clarify the exact fans that the applicant intends to offer in Class 11 only, e.g. ventilating fans for commercial and industrial use, etc.}; electronic cooling fans, namely, {applicant must clarify the exact goods that the applicant intends to offer in Class 11, e.g. electric fans with evaporative cooling devices, etc.}; electric heaters, namely, {applicant to clarify the electric heaters in Class 11 that the applicant intends to provide, e.g. portable electric heaters, electric space heaters, etc.} |
Class 21 - |
Household heaters, namely, {applicant to clarify the exact household heaters in Class 21 that the applicant intends to provide, e.g. non-electric heaters for feeding bottles, etc.} |
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.
CLARIFICATION OF THE NUMBER OF CLASSES FOR WHICH REGISTRATION IS SOUGHT REQUIRED
Therefore, applicant must either (1) restrict the application to the number of classes covered by the fees already paid, or (2) submit the fees for each additional class.
MULTIPLE CLASS APPLICATION REQUIREMENTS
The fee for adding classes to a TEAS Reduced Fee (RF) application is $275 per class. See 37 C.F.R. §§2.6(a)(1)(iii), 2.23(a). See more information regarding the requirements for maintaining the lower TEAS RF fee and, if these requirements are not satisfied, for adding classes at a higher fee using regular TEAS.
(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 could be classified in at least 4 classes; however, applicant submitted a fee(s) sufficient for only 1 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.
CLARIFICATION OF THE LEGAL ENTITY OF THE APPLICANT REQUIRED
Alternatively, if applicant maintains that the legal entity in the application properly identifies applicant’s entity type, applicant must provide an explanation as to why the identified entity type is more similar to a “company” in this instance than to the legal entities listed in TMEP Appendix D. See id.
If, in response to the above request, applicant provides information indicating that it is not the owner of the mark, registration will be refused because the application was void as filed. See 37 C.F.R. §2.71(d); TMEP §§803.06, 1201.02(b). An application must be filed by the party who owns or is entitled to use the mark as of the application filing date. See 37 C.F.R. §2.71(d); TMEP §1201.02(b).
ATTORNEY BAR INFORMATION REQUIRED
RESPONSE GUIDELINES
Response guidelines. 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.
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
/Mark S. Tratos/
Mark S. Tratos
Trademark Examining Attorney
Law Office 113
(571) 270-3575
Mark.Tratos@uspto.gov
RESPONSE GUIDANCE