Priority Action

United States Patent and Trademark Office (USPTO)

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

 

 

 

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:  July 05, 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.

 

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 June 28, 2019, the examining attorney and Louise Arnott 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.

 

SUMMARY OF ISSUES:

 

• Identification of Goods – Partial

 

IDENTIFICATION OF GOODS – PARTIAL

 

The wording highlighted in bold in the current identification of goods below is indefinite and must be clarified because it does not adequately specify the nature or common commercial name of applicant’s goods.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

Further, the wording highlighted in bold underline in the current identification of goods below must be clarified because it is too broad and/or misclassified and could include goods in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  For example, the wording “power operated paint rollers” is in applicant’s identification of goods in International Class 7 but describes goods properly classified in International Class 16.

 

Applicant’s current identification of goods is:

 

            International Class 3: Cleaning solution for whiteboards.

 

International Class 6: Metal bicycle storage racks; tool chests of metal, empty; metal tool boxes; accessories for power operated drills, namely, metal chuck key holders, metal drill bit holders.

 

International Class 7: Power operated tools, namely, drills, drill drivers, impact drivers, hammer drills, inflators, grinders, screwdrivers, multi-purpose oscillating multi-tools for use with interchangeable heads for cutting, sanding, grinding, polishing, sawing, drilling, scraping, driving, fastening and/or hammering, circular saws, reciprocating saws, jigsaws, speed saws, miter saws, table saws, rotary tools and station for rotary tools, power operated ratchet wrenches, screw guns, electric glue guns, pneumatic grease guns, electric scissors, electric soldering irons and accessories for soldering irons including tips, solder coil, tip cleaning sponge and station, drill presses, impact wrenches, right angle drills, right angle drivers, clutch drivers, torque drills, drill bits, joiners, planers, polishers, routers, sanders, buffers, corded nailers, battery nailers, heat guns, sprayers, caulk guns; accessories specially designed for use with power operated joiners, namely, wood biscuits; accessories for power operated planers, namely, storage cases; accessories for power operated nail guns, namely, pads; accessories specially designed for use with power operated polishers, namely, polishing bonnets, polishing wheels, compound sticks, mandrels, screws, washers; accessories specially designed for use with power operated routers, namely, bits, collars, collets, collet wrenches, bit adaptors, guides, bags, tables, miter gauges, throat plates, starting pins, feather boards, fences, wrenches, mark indicators, safety guards; accessories specially designed for use with power operated sanders, namely, dust bags, cases, sandpaper, paper punches, sanding pads, scrubbing pads, polishing pads, stripping pads, backer pads, storage bags, sanding angles, polishing angles, sanding belts; power operated lawn and garden equipment, namely, string trimmers, blowers, chainsaws, hedge trimmers, cultivators, spreaders, chemical sprayers, edgers, pole saws, shears, scrubbers; accessories for power operated lawn and garden equipment, namely, accessories for power operated backpack blowers, namely, bellows, tubes, nozzles, tube clamps, assembly tools, cable ties; accessories for power operated blowers, namely, tubes, nozzles, screws, vacuum bags, vacuum bag adaptors; accessories for power operated string trimmers, namely, lines, power heads, grass deflectors, spool caps, spools, scabbards, handles, string head inserts, dual spool fixed line adapters, funnels, hangar caps, wheel assemblies, head/shaft assemblies, line carriers, bump knobs, spool cap covers, blower attachments comprised of blowers, attachment shafts, attachment securing caps, brushcutter attachment comprised of brushcutters, handle assemblies, shoulder harnesses, bags, gear head locking tools, pruner attachments comprised of pruners, scabbards, chain lubricants, combination wrenches, extension shafts, shoulder straps, shoulder hangers, pole saw attachments comprised of poles, scabbards, hex keys, bar and chain lubricants, shoulder harnesses, tiller attachments comprised of tillers, handles with mounting hardware, hitch pins, washers, tines; accessories for chain saws, namely, power heads, gas caps, bar and chain lubricants, scabbards, combination wrenches, engine lubricants, cases, poles, chain saw tune up kits comprised of spark plugs, primer bulbs, fuel filters, air filters; accessories for power operated cultivators, namely, tines, tine spacers, wheels, wheel/drag bar assemblies, wheel/drag bar adjustment knobs, hitch pins, washers; accessories for power operated edgers, namely, blades, wheel assemblies, power heads, string head/shaft assemblies, grass deflectors, line carriers, lines, funnels; accessories for power operated hedge trimmers, namely, hedge trimmers, shafts, blade covers; accessories for power operated pole saws, namely, bar and chain lubricants, chains, scabbards; power tool accessories, namely, door lock installation kit comprised of a hole saw and drill bits; accessories for power operated drills, namely, drill bits, chucks, chuck keys, chuck key holders, depth rods, hex keys, screw guides, shaft bit extensions, cases, bags, shanks, bit holders, socket adaptors, hole saw mandrels, countersinks, power center punches, arbor adapters in the nature of arbor presses and arbor drill presses, nut setters, tap and die sets, edge guides, wing nut bolt drivers; accessories for power operated grinders, namely, spindles, lights, grit wheels, wire wheels, grinding wheels, wire brushes, safety shields, work rests, diamond wheel dressing tools, wrenches, masonry wheels, polishers, sanders and paint removers; vacuum cleaners; wet-dry vacuums; lawn mowers; electric sweepers; lawn vacuums; electric knives; gas-operated and electric generators; snow blowers; high pressure washers and accessories for high pressure washers including guns, hoses, nozzles, adaptors, regulators, tips, filters, cleaners and wands; electric augers; power-operated jacks; winches; hoists; multi-purpose steam cleaners; floor scrubbers; electric food blenders; power operated paint removing machines; electric door openers and closers; electric pumps; automatic swimming pool cleaners and parts therefor; power operated paint rollers; hand-held vacuum cleaners; pneumatic roofing cutters; accessories for pneumatic roofing cutters, namely, blades and blade kits comprised of blades; accessories for pneumatic tools, namely, drill bits, nut setters, drivers, screw guides, and driving bits; pneumatic staplers; pneumatic nailers; power-operated roofing hammer tackers; power-operated saws; accessories for power-operated saws, namely, blades; compressors, namely, gas compressors, electric compressors.

 

International Class 8: Manually operated hand tools, namely, punches, scissors, snips, pliers, wire strippers, wire cutters, hex keys, nail sets, axes, hatchets, hammers, nail pulling bars, screwdrivers, wrenches, socket sets, socket wrenches, ratchet wrenches; mechanics tools sets, namely, socket and ratchet wrench sets multi-tools, staple guns, pick axes, jab saws, hacksaws, mallets, roofing hammer tackers, floats for grout, mortar or cement, chisels, masonry chisels, club hammers, sledge hammers, mattocks, mauls, molding bars, pry bars, wedges, clamps, trowels, shovels, rakes, forks, post hole diggers and bolt cutters; knives; utility knives; specially adapted parts and accessories for punches; universal drive joints; gardening tools, namely, spades, hoes, loppers, pruners, hedge trimmers and hand operated spreaders for seed and dry lawn chemicals; sponges, handsaws; hand-operated marking tools, namely, chalk reels; hand-operated measuring tools, namely, squares; tool belts; accessories for hand-operated tools, namely, tool belt clips for holding tools; specially adapted parts and accessories for hand operated spades, hoes, loppers, pruners, hedge trimmers and hand operated spreaders; blades for hacksaws; general purpose knife blades; manual hand-held sprayers; manual hand-held chemical sprayers; accessories for power operated drills, namely, hex keys, center punches being hand tools; tap and die sets being hand tools, edge guides; electrician's bolster being hand-operated cutting tools; hand-operated tools for working with tile, drywall and masonry, namely, trowels, floats; kits comprised primarily of hand-operated tools, namely, trowels and also including one or more floats, an interchangeable handle system comprised of a reversible handle with an adjustable clamp and/or a storage box for the components of the kit; replacement parts for hand-operated trowels and floats, namely, handles.

 

International Class 9: Batteries and battery chargers; battery packs; USB power source; thermometers, not for medical purposes; headphones; lighted magnifying glasses; cameras; protective ear covering shields; solar-powered battery chargers; electronic scoreboards; outdoor low amp power spikes; inverters; audio speakers; pool speakers; protective body cooling gear, namely, active cooling vests that cool down body temperature to prevent injury due to overheating; cooling chairs; knee pads for workers; radios; measuring wheels; magnetic or electric stud finders; circuit testers; chainsaw chaps; heated protective work gloves; protective work gloves; safety eyewear for construction; tape measures; long tape measures; measuring tools, namely, carpenter's levels, bubble levels, laser levels.

 

International Class 10: Massage guns; vibrating heated massage rollers; heated wraps for rehabilitation; ear plugs for noise reduction.

 

International Class 11: Lanterns for lighting; hybrid lights for indoor and outdoor use; flood lights; spotlights; portable headlamps; workbench lights; pen lights; hanging lights; cable lights; solar powered lights; Christmas lights; lamps; lighting tower which incorporates a misting system and speakers; electric space heaters; electric coolers; misting fans for cooling; air conditioners; misting systems for outdoor cooling; portable misting systems for outdoor cooling, namely, bucket topper misters; misting shelters for outdoor cooling; outdoor propane heaters; humidifiers; portable smokeless fire pits; electric and gas grills; electrically heated clothing; electrically heated and lighted jackets; electrically heated seats; electrically heated mats; electrically heated sleeping bags; electrically heated blankets; electrically heated sleeping bags [duplicate entry]; lighted caution signs; electric coffee makers; non-electric air diffusers comprised of a wick in a container used to emit scent; electrical devices to be plugged into wall outlets having a heating element and which dispenses an insect repellent; electrical lighting devices for attracting and killing insects and bugs with integrated heating elements; heat guns; electric fans; LED lights, namely, namely, lighting units and fixtures, LED flashlights and LED work lights for construction settings; accessories for power operated grinders, namely, lights.

 

International Class 12: Mechanics' creepers; electrically-powered motor scooters; wagons; drones; bicycle; tricycles not being toys.

 

International Class 16: Stapling presses; marking chalk; erasers; paint rollers; markers; dry erase markers; highlighter pens; marking chalk [duplicate entry]; carpenter pencils.

 

International Class 17: Hoses for pneumatic tools; electrical tape; caution tape.

 

International Class 18: Tool pouches, sold empty; tool bags, sold empty; backpacks; bags, namely, all purpose carrying bags.

 

International Class 20: Tables; garage work stations; metal storage cabinets; work benches; non-metal tool boxes sold empty; saw horses; plastic storage containers for commercial or industrial use.

 

International Class 21: Non-electric portable coolers; plastic storage containers for household or domestic use; work gloves; gardening gloves.

 

International Class 22: Plastic and cloth bags for storage.

 

International Class 24: Sleeping bags.

 

International Class 28: Cornhole game sets; skateboards; toy foam dart shooters; remote control toys, namely, remote controlled cars; toy water gun with backpack; ride-on toys.

 

Applicant may adopt the following identification, if accurate:

 

International Class 3: Cleaning solution for whiteboards.

 

International Class 6: Metal bicycle storage racks; tool chests of metal, empty; metal tool boxes; accessories for power operated drills, namely, metal chuck key holders, metal drill bit holders [moved to International Class 7]; structural joint connectors of metal, namely, universal drive joints [moved from International Class 8].

 

International Class 7: Power operated tools, namely, drills, drill drivers, impact drivers, hammer drills, inflators, grinders, screwdrivers, multi-purpose oscillating multi-tools for use with interchangeable heads for cutting, sanding, grinding, polishing, sawing, drilling, scraping, driving, fastening and/or hammering, circular saws, reciprocating saws, jigsaws, speed saws, miter saws, table saws, rotary tools and station for rotary tools, power operated ratchet wrenches, screw guns, electric glue guns, pneumatic grease guns, electric scissors, electric soldering irons and accessories for soldering irons being tips, solder coil, tip cleaning sponge and station, drill presses, impact wrenches, right angle drills, right angle drivers, clutch drivers, torque drills, drill bits, joiners, planers, polishers, routers, sanders, buffers, corded nailers, battery nailers, heat guns, sprayers, caulk guns; accessories specially designed for use with power operated joiners, namely, wood biscuits; accessories for power operated planers, namely, storage cases; accessories for power operated nail guns, namely, pads; accessories specially designed for use with power operated polishers, namely, polishing bonnets, polishing wheels, compound sticks, mandrels, screws, washers; accessories specially designed for use with power operated routers, namely, bits, collars, collets, collet wrenches, bit adaptors, guides, bags, tables, miter gauges, throat plates, starting pins, feather boards, fences, wrenches, mark indicators, safety guards; accessories specially designed for use with power operated sanders, namely, dust bags, cases, sandpaper, paper punches, sanding pads, scrubbing pads, polishing pads, stripping pads, backer pads, storage bags, sanding angles, polishing angles, sanding belts; power operated lawn and garden equipment, namely, string trimmers, blowers, chainsaws, hedge trimmers, cultivators, spreaders, chemical sprayers, edgers, pole saws, shears, scrubbers; accessories for power operated lawn and garden equipment, namely, accessories for power operated backpack blowers, namely, bellows, tubes, nozzles, tube clamps, assembly tools, cable ties; accessories for power operated blowers, namely, tubes, nozzles, screws, vacuum bags, vacuum bag adaptors; accessories for power operated string trimmers, namely, lines, power heads, grass deflectors, spool caps, spools, scabbards, handles, string head inserts, dual spool fixed line adapters, funnels, hangar caps, wheel assemblies, head/shaft assemblies, line carriers, bump knobs, spool cap covers, blower attachments comprised of blowers, attachment shafts, attachment securing caps, brushcutter attachment comprised of brushcutters, handle assemblies, shoulder harnesses, bags, gear head locking tools, pruner attachments comprised of pruners, scabbards, chain lubricants, combination wrenches, extension shafts, shoulder straps, shoulder hangers, pole saw attachments comprised of poles, scabbards, hex keys, bar and chain lubricants, shoulder harnesses, tiller attachments comprised of tillers, handles with mounting hardware, hitch pins, washers, tines; accessories for chain saws, namely, power heads, gas caps, bar and chain lubricants, scabbards, combination wrenches, engine lubricants, cases, poles, chain saw tune up kits comprised of spark plugs, primer bulbs, fuel filters, air filters; accessories for power operated cultivators, namely, tines, tine spacers, wheels, wheel/drag bar assemblies, wheel/drag bar adjustment knobs, hitch pins, washers; accessories for power operated edgers, namely, blades, wheel assemblies, power heads, string head/shaft assemblies, grass deflectors, line carriers, lines, funnels; accessories for power operated hedge trimmers, namely, hedge trimmer blades, shafts, blade covers; accessories for power operated pole saws, namely, bar and chain lubricants, chains, scabbards; power tool accessories, namely, door lock installation kit comprised of a power-driven hole saw and power drill bits; accessories for power operated drills, namely, drill bits, chucks, chuck keys, chuck key holders, depth rods, hex keys, screw guides, shaft bit extensions, cases, bags, shanks, bit holders, socket adaptors, hole saw mandrels, countersinks, power center punches, arbor adapters in the nature of arbor presses and arbor drill presses, nut setters, tap and die sets, edge guides, wing nut bolt drivers; accessories for power operated grinders, namely, spindles, lights, grit wheels, wire wheels, grinding wheels, wire brushes, safety shields, work rests, diamond wheel dressing tools, wrenches, masonry wheels, polishers, sanders and paint removers; vacuum cleaners; wet-dry vacuums; lawn mowers; electric sweepers; lawn vacuum cleaners; electric knives; gas-operated and electric generators; snow blowers; high pressure washers and accessories for high pressure washers, namely, guns, hoses, nozzles, adaptors, regulators, tips, filters, cleaners and wands; electric augers; power-operated jacks; winches; hoists; multi-purpose steam cleaners; automatic floor scrubbers; electric food blenders; power operated paint removing machines; electric door openers and closers; electric pumps; automatic swimming pool cleaners and parts therefor; power operated paint rollers [moved to International Class 16]; hand-held vacuum cleaners; pneumatic roofing cutters; accessories for pneumatic roofing cutters, namely, blades and blade kits comprised of blades; accessories for pneumatic tools, namely, drill bits, nut setters, drivers, screw guides, and driving bits; pneumatic staplers; pneumatic nailing machines; power-operated roofing hammer tackers; power-operated saws; accessories for power-operated saws, namely, blades; compressors, namely, gas compressors, electric compressors; accessories for power operated drills, namely, metal chuck key holders, metal drill bit holders [moved from International Class 6]; accessories for power operated grinders, namely, lights [moved from International Class 11].

 

International Class 8: Manually operated hand tools, namely, punches, scissors, snips, pliers, wire strippers, wire cutters, hex keys, nail sets, axes, hatchets, hammers, nail pulling bars, screwdrivers, wrenches, socket sets, socket wrenches, ratchet wrenches; mechanics tools sets, namely, socket and ratchet wrench sets multi-tools, staple guns, pick axes, jab saws, hacksaws, mallets, roofing hammer tackers, floats for grout, mortar or cement, chisels, masonry chisels, club hammers, sledge hammers, mattocks, mauls, molding bars, pry bars, wedges, clamps, trowels, shovels, rakes, weeding forks, post hole diggers and bolt cutters; [specify type of knives in International Class 8, e.g., sport knives, knives for hobby use, kitchen knives, farrier’s knives – note that suggestions for other types of knives have also been added to International Classes 7, 10, 11, and 16]; utility knives; parts and accessories for hand tools, namely, specially adapted parts and accessories for punches; universal drive joints [moved to International Class 6]; gardening tools, namely, spades, hoes, loppers, pruners, hedge trimmers and hand operated spreaders for seed and dry lawn chemicals; hand tools, namely, sanding sponges and hand saws; hand marking tools, namely, chalk line reels; hand tools for measuring, namely, squares; tool belts; accessories for hand-operated tools, namely, tool belt clips for holding tools; specially adapted parts and accessories for hand operated spades, hoes, loppers, pruners, hedge trimmers and hand operated spreaders, namely, [specify nature or common commercial name of parts and/or accessories]; blades for hacksaws; general purpose knife blades; hand-operated hand-held sprayers for [specify industry]; manual hand-held chemical sprayers; accessories for power operated drills, namely, hex keys, center punches being hand tools; tap and die sets being hand tools, edge guides being hand tools; electrician's bolster being hand-operated cutting tools; hand tools for working with tile, drywall and masonry, namely, trowels, floats; kits comprised primarily of hand tools, namely, trowels and also including one or more floats, an interchangeable handle system comprised of a reversible handle with an adjustable clamp and/or a storage box for the components of the kit; replacement parts for hand trowels and floats, namely, handles.

 

International Class 9: Batteries and battery chargers; battery packs; electric batteries in the nature of USB power sources; thermometers, not for medical purposes; headphones; lighted magnifying glasses; cameras; protective ear covering shields; solar-powered battery chargers; electronic scoreboards; outdoor low amp power spikes [no suggestion]; inverters; audio speakers; audio speakers for use in connection with pools; protective body cooling gear, namely, active cooling vests that cool down body temperature to prevent injury due to overheating; cooling chairs [moved to International Class 20]; knee pads for workers; radios; measuring wheels; magnetic or electric stud finders; circuit testers; articles of protective clothing with built in armor for protection against accident or injury in the nature of chaps for use in connection with chainsaws; heated protective work gloves; protective work gloves; safety eyewear for construction; tape measures; long tape measures; measuring tools being level indicators, namely, carpenter’s levels, bubble levels, laser levels; electric signs, namely, lighted caution signs [moved from International Class 11].

 

International Class 10: Massage apparatus, namely, massage guns; massage apparatus, namely, vibrating heated massage rollers; body rehabilitation apparatus for medical purposes, namely, heated wraps for rehabilitation; ear plugs for noise reduction; surgical knives [moved from International Class 8].

 

International Class 11: Lanterns for lighting; hybrid lights for indoor and outdoor use, namely, [specify nature of lights, e.g., LED lighting fixtures for indoor and outdoor lighting applications]; flood lights; spotlights; portable headlamps; lamps in the nature of workbench lights; pen lights; lighting fixtures in the nature of hanging lights; lighting fixtures in the nature of cable lights; solar powered [specify type, e.g., indoor, all-weather] lights; electric lights for Christmas trees; outdoor lighted Christmas-themed ornaments; lamps; hydroponic growing systems comprised of a lighting tower featuring light emitting diode (LED) plant grow lights, grow cabinets in the nature of closed environments with integrated misting chambers, speakers, and automated controls therefor; electric space heaters; electric coolers; electric misting fans for cooling; air conditioners; misting systems for outdoor cooling; portable misting systems for outdoor cooling, namely, bucket topper misters; misting shelters for outdoor cooling; outdoor propane heaters; humidifiers; portable smokeless fire pits; electric and gas grills; electrically heated clothing; electrically heated jackets featuring lighting; electrically heated seats; electrically heated pads, other than for medical purposes; electrically heated sleeping bags [moved to International Class 24]; electrically heated blankets, not for medical purposes; electrically heated sleeping bags [deleted as duplicate entry]; lighted caution signs [moved to International Class 9]; electric coffee makers; non-electric air diffusers comprised of a wick in a container used to emit scent when lit sold without scented oil; electrical devices to be plugged into wall outlets having a heating element and which dispenses an insect repellent; electrical lighting devices for attracting and killing insects and bugs with integrated heating elements [moved to International Class 21]; heat guns; electric fans; LED lights, namely, namely, [specify common commercial name of lighting units, e.g., flat panel lighting apparatus] and lighting fixtures, LED flashlights and LED work lights for construction settings; accessories for power operated grinders, namely, lights [moved to International Class 7]; electrically-heated kitchen knives [moved from International Class 8].

 

International Class 12: Mechanics' creepers; electrically-powered motor scooters; wagons; drones; bicycle; tricycles not being toys.

 

International Class 16: Stapling presses; marking chalk; erasers; paint rollers; markers; dry erase markers; highlighter pens; marking chalk [deleted as duplicate entry]; carpenter’s pencils.

 

International Class 17: Hoses for pneumatic tools; electrical tape; plastic tape used to create a visual barrier to deny access to an area in the nature of caution tape; power-operated paint rollers [moved from International Class 7]; hand-held paper knives [moved from International Class 8]; plastic food storage bags for household use [moved from International Class 22].

 

International Class 18: Tool pouches, sold empty; tool bags, sold empty; backpacks; bags, namely, all purpose carrying bags.

 

International Class 20: Tables; garage work stations, namely, work benches; metal storage cabinets; work benches; non-metal tool boxes sold empty; saw horses; plastic storage containers for commercial or industrial use; cooling chairs [moved from International Class 9].

 

International Class 21: Non-electric portable coolers; plastic storage containers for household or domestic use; work gloves; gardening gloves; electrical lighting devices for attracting and killing insects and bugs with integrated heating elements [moved from International Class 11].

 

International Class 22: Plastic bags for storage of [specify use in International Class 22, e.g., household items, ice]; cloth bags for storage.

 

International Class 24: Sleeping bags; electrically heated sleeping bags [moved from International Class 11].

 

International Class 28: Cornhole game sets; skateboards; toy guns in the nature of toy foam dart shooters; remote control toys, namely, remote controlled cars; toy water gun with backpack; ride-on toys.

 

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).

 

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.

 

HOW TO RESPOND

 

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.

 

If applicant does not timely respond to this Office action, the following goods will be deleted from the application:

 

International Class 6: accessories for power operated drills, namely, metal chuck key holders, metal drill bit holders.

 

International Class 7: Power operated tools, namely, drills, drill drivers, impact drivers, hammer drills, inflators, grinders, screwdrivers, multi-purpose oscillating multi-tools for use with interchangeable heads for cutting, sanding, grinding, polishing, sawing, drilling, scraping, driving, fastening and/or hammering, circular saws, reciprocating saws, jigsaws, speed saws, miter saws, table saws, rotary tools and station for rotary tools, power operated ratchet wrenches, screw guns, electric glue guns, pneumatic grease guns, electric scissors, electric soldering irons and accessories for soldering irons including tips, solder coil, tip cleaning sponge and station, drill presses, impact wrenches, right angle drills, right angle drivers, clutch drivers, torque drills, drill bits, joiners, planers, polishers, routers, sanders, buffers, corded nailers, battery nailers, heat guns, sprayers, caulk guns; accessories for power operated hedge trimmers, namely, hedge trimmers, shafts, blade covers; power tool accessories, namely, door lock installation kit comprised of a hole saw and drill bits; high pressure washers and accessories for high pressure washers including guns, hoses, nozzles, adaptors, regulators, tips, filters, cleaners and wands; floor scrubbers; power operated paint rollers; pneumatic nailers.

 

International Class 8: mechanics tools sets, namely, socket and ratchet wrench sets multi-tools, staple guns, pick axes, jab saws, hacksaws, mallets, roofing hammer tackers, floats for grout, mortar or cement, chisels, masonry chisels, club hammers, sledge hammers, mattocks, mauls, molding bars, pry bars, wedges, clamps, trowels, shovels, rakes, forks, post hole diggers and bolt cutters; knives; specially adapted parts and accessories for punches; universal drive joints; sponges, handsaws; hand-operated marking tools, namely, chalk reels; hand-operated measuring tools, namely, squares; specially adapted parts and accessories for hand operated spades, hoes, loppers, pruners, hedge trimmers and hand operated spreaders; manual hand-held sprayers; manual hand-held chemical sprayers; tap and die sets being hand tools, edge guides; hand-operated tools for working with tile, drywall and masonry, namely, trowels, floats; kits comprised primarily of hand-operated tools, namely, trowels and also including one or more floats, an interchangeable handle system comprised of a reversible handle with an adjustable clamp and/or a storage box for the components of the kit; replacement parts for hand-operated trowels and floats, namely, handles.

 

International Class 9: USB power source; outdoor low amp power spikes; pool speakers; cooling chairs; chainsaw chaps; measuring tools, namely, carpenter's levels, bubble levels, laser levels.

 

International Class 10: Massage guns; vibrating heated massage rollers; heated wraps for rehabilitation.

 

International Class 11: hybrid lights for indoor and outdoor use; workbench lights; hanging lights; cable lights; solar powered lights; Christmas lights; lighting tower which incorporates a misting system and speakers; misting fans for cooling; electrically heated and lighted jackets; electrically heated mats; electrically heated sleeping bags; electrically heated blankets; electrically heated sleeping bags; lighted caution signs; non-electric air diffusers comprised of a wick in a container used to emit scent; electrical lighting devices for attracting and killing insects and bugs with integrated heating elements; LED lights, namely, namely, lighting units and fixtures, LED flashlights and LED work lights for construction settings; accessories for power operated grinders, namely, lights.

 

International Class 16: marking chalk; carpenter pencils.

 

International Class 17: caution tape.

 

International Class 20: garage work stations.

 

International Class 22: Plastic and cloth bags for storage.

 

International Class 28: toy foam dart shooters.

 

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

 

In such case, the application will then proceed with the following goods only:

 

International Class 3: Cleaning solution for whiteboards.

 

International Class 6: Metal bicycle storage racks; tool chests of metal, empty; metal tool boxes.

 

International Class 7: accessories specially designed for use with power operated joiners, namely, wood biscuits; accessories for power operated planers, namely, storage cases; accessories for power operated nail guns, namely, pads; accessories specially designed for use with power operated polishers, namely, polishing bonnets, polishing wheels, compound sticks, mandrels, screws, washers; accessories specially designed for use with power operated routers, namely, bits, collars, collets, collet wrenches, bit adaptors, guides, bags, tables, miter gauges, throat plates, starting pins, feather boards, fences, wrenches, mark indicators, safety guards; accessories specially designed for use with power operated sanders, namely, dust bags, cases, sandpaper, paper punches, sanding pads, scrubbing pads, polishing pads, stripping pads, backer pads, storage bags, sanding angles, polishing angles, sanding belts; power operated lawn and garden equipment, namely, string trimmers, blowers, chainsaws, hedge trimmers, cultivators, spreaders, chemical sprayers, edgers, pole saws, shears, scrubbers; accessories for power operated lawn and garden equipment, namely, accessories for power operated backpack blowers, namely, bellows, tubes, nozzles, tube clamps, assembly tools, cable ties; accessories for power operated blowers, namely, tubes, nozzles, screws, vacuum bags, vacuum bag adaptors; accessories for power operated string trimmers, namely, lines, power heads, grass deflectors, spool caps, spools, scabbards, handles, string head inserts, dual spool fixed line adapters, funnels, hangar caps, wheel assemblies, head/shaft assemblies, line carriers, bump knobs, spool cap covers, blower attachments comprised of blowers, attachment shafts, attachment securing caps, brushcutter attachment comprised of brushcutters, handle assemblies, shoulder harnesses, bags, gear head locking tools, pruner attachments comprised of pruners, scabbards, chain lubricants, combination wrenches, extension shafts, shoulder straps, shoulder hangers, pole saw attachments comprised of poles, scabbards, hex keys, bar and chain lubricants, shoulder harnesses, tiller attachments comprised of tillers, handles with mounting hardware, hitch pins, washers, tines; accessories for chain saws, namely, power heads, gas caps, bar and chain lubricants, scabbards, combination wrenches, engine lubricants, cases, poles, chain saw tune up kits comprised of spark plugs, primer bulbs, fuel filters, air filters; accessories for power operated cultivators, namely, tines, tine spacers, wheels, wheel/drag bar assemblies, wheel/drag bar adjustment knobs, hitch pins, washers; accessories for power operated edgers, namely, blades, wheel assemblies, power heads, string head/shaft assemblies, grass deflectors, line carriers, lines, funnels; accessories for power operated pole saws, namely, bar and chain lubricants, chains, scabbards; accessories for power operated drills, namely, drill bits, chucks, chuck keys, chuck key holders, depth rods, hex keys, screw guides, shaft bit extensions, cases, bags, shanks, bit holders, socket adaptors, hole saw mandrels, countersinks, power center punches, arbor adapters in the nature of arbor presses and arbor drill presses, nut setters, tap and die sets, edge guides, wing nut bolt drivers; accessories for power operated grinders, namely, spindles, lights, grit wheels, wire wheels, grinding wheels, wire brushes, safety shields, work rests, diamond wheel dressing tools, wrenches, masonry wheels, polishers, sanders and paint removers; vacuum cleaners; wet-dry vacuums; lawn mowers; electric sweepers; electric knives; gas-operated and electric generators; snow blowers; electric augers; power-operated jacks; winches; hoists; multi-purpose steam cleaners; electric food blenders; power operated paint removing machines; electric door openers and closers; electric pumps; automatic swimming pool cleaners and parts therefor; hand-held vacuum cleaners; pneumatic roofing cutters; accessories for pneumatic roofing cutters, namely, blades and blade kits comprised of blades; accessories for pneumatic tools, namely, drill bits, nut setters, drivers, screw guides, and driving bits; pneumatic staplers; power-operated roofing hammer tackers; power-operated saws; accessories for power-operated saws, namely, blades; compressors, namely, gas compressors, electric compressors.

 

International Class 8: Manually operated hand tools, namely, punches, scissors, snips, pliers, wire strippers, wire cutters, hex keys, nail sets, axes, hatchets, hammers, nail pulling bars, screwdrivers, wrenches, socket sets, socket wrenches, ratchet wrenches; utility knives; gardening tools, namely, spades, hoes, loppers, pruners, hedge trimmers and hand operated spreaders for seed and dry lawn chemicals; tool belts; accessories for hand-operated tools, namely, tool belt clips for holding tools; blades for hacksaws; general purpose knife blades; accessories for power operated drills, namely, hex keys, center punches being hand tools; electrician's bolster being hand-operated cutting tools.

 

International Class 9: Batteries and battery chargers; battery packs; thermometers, not for medical purposes; headphones; lighted magnifying glasses; cameras; protective ear covering shields; solar-powered battery chargers; electronic scoreboards; inverters; audio speakers; protective body cooling gear, namely, active cooling vests that cool down body temperature to prevent injury due to overheating; knee pads for workers; radios; measuring wheels; magnetic or electric stud finders; circuit testers; heated protective work gloves; protective work gloves; safety eyewear for construction; tape measures; long tape measures.

 

            International Class 10: ear plugs for noise reduction.

 

International Class 11: Lanterns for lighting; flood lights; spotlights; portable headlamps; pen lights; lamps; electric space heaters; electric coolers; air conditioners; misting systems for outdoor cooling; portable misting systems for outdoor cooling, namely, bucket topper misters; misting shelters for outdoor cooling; outdoor propane heaters; humidifiers; portable smokeless fire pits; electric and gas grills; electrically heated clothing; electrically heated seats; electric coffee makers; electrical devices to be plugged into wall outlets having a heating element and which dispenses an insect repellent; heat guns; electric fans;.

 

International Class 12: Mechanics' creepers; electrically-powered motor scooters; wagons; drones; bicycle; tricycles not being toys.

 

International Class 16: Stapling presses; marking chalk; erasers; paint rollers; markers; dry erase markers; highlighter pens.

 

International Class 17: Hoses for pneumatic tools; electrical tape.

 

International Class 18: Tool pouches, sold empty; tool bags, sold empty; backpacks; bags, namely, all purpose carrying bags.

 

International Class 20: Tables; metal storage cabinets; work benches; non-metal tool boxes sold empty; saw horses; plastic storage containers for commercial or industrial use.

 

International Class 21: Non-electric portable coolers; plastic storage containers for household or domestic use; work gloves; gardening gloves.

 

International Class 24: Sleeping bags.

 

International Class 28: Cornhole game sets; skateboards; remote control toys, namely, remote controlled cars; toy water gun with backpack; ride-on toys.

 

See TMEP §718.02(a). 

 

Click to file a response to this nonfinal Office action.

 

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.  

 

Please 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. 

 

/Robert Ratcliffe/

Examining Attorney        

Law Office 109

Phone: (571) 272-5257

Fax: (571) 273-5562

robert.ratcliffe@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 July 05, 2019 for

U.S. Trademark Application Serial No. 88446572

 

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. 

 

 

/Robert Ratcliffe/

Examining Attorney        

Law Office 109

Phone: (571) 272-5257

Fax: (571) 273-5562

robert.ratcliffe@uspto.gov

 

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 July 05, 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.”