Examiners Amendment

United States Patent and Trademark Office (USPTO)

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

 

 

 

EXAMINER’S AMENDMENT

 

 

Issue date:  August 29, 2019

 

 

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.

 

Application has been amended as shown below.  As agreed to by James A. Joyce on August 29, 2019, the examining attorney has amended the application as shown below.  Please notify the examining attorney immediately of any objections.  TMEP §707.  Otherwise, no response is required.  Id.  In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted.  37 C.F.R. §2.71(a).

 

Amendment of Identification of Goods and Services:

 

The identification of goods and services is amended to read as follows: 

 

International Class 007: Hoists

 

International Class 009: Lighting controls; lighting controls for use in controlled environment agriculture; electrical controls for use with hoist and rigging systems; electrical controls for irrigation systems for use in controlled environment agriculture; electrical integrated control systems for use in the field of controlled environment agriculture comprised of control consoles and computer interfaces; power controllers for use in controlled environment agriculture; networking modules comprising computer hardware and recorded software for communication among electric control devices and recorded computer software for operating electric systems; electronic controllers and sensors for monitoring and controlling environmental conditions; wired and wireless controllers to monitor and control the functioning of other electronic devices; gateway routers in the nature of computer control hardware; downloadable computer software and hardware for use in the fields of artificial intelligence, data analytics, machine learning, and computer vision for use in monitoring and controlling systems in controlled environment agriculture; downloadable computer software and hardware for controlling, monitoring, and managing cloud-connected electronic devices in controlled environment agriculture

 

International Class 011: Electric lighting fixtures; electric light fixtures for use in controlled environment agriculture; irrigation systems consisting of control valves for controlling and regulating water delivery for use in controlled environment agriculture

 

International Class 037: Installation, repair and replacement of electric lighting fixtures, rigging, hoists, sensors, and control systems for use in controlled environment agriculture; technical support services, namely, technical advice related to the maintenance and repair of electric lighting fixtures, rigging, hoists, sensors, and control systems for use in controlled environment agriculture

 

International Class 042: Custom design and engineering of electric lighting fixtures, rigging, hoist, sensors, process applications, computer programming, and control systems for use in controlled environment agriculture; consulting services for others in the field of design, planning, and implementation project management of the custom design and engineering of electric lighting fixtures, rigging, hoist, sensors, and control systems for use in controlled environment agriculture; technical support services, namely, troubleshooting in the nature of diagnosing problems with electric lighting fixtures, rigging, hoist, sensors, process applications, computer programming, and control systems for use in controlled environment agriculture; software as a service (SAAS) services, namely, hosting software for use by others for use in the fields of artificial intelligence, data analytics, machine learning, and computer vision for use in monitoring and controlling systems in controlled environment agriculture; software as a service (SAAS) services, namely, hosting software for use by others for controlling, monitoring, and managing cloud- connected electronic devices in controlled environment agriculture

 

See TMEP §§1402.01, 1402.01(e).

 

Disclaimer:

 

The following disclaimer statement is added to the record:

 

            No claim is made to the exclusive right to use “GROWING SYSTEMS” apart from the mark as shown.

 

See 15 U.S.C. §1056(a); TMEP §§1213, 1213.08(a)(i).

 

Publication to the Official Gazette:

 

After the trademark examining attorney issues the examiner’s amendment, applicant will not receive a registration on the Principal Register for the applied-for mark until the mark makes it through the publication process and opposition period.  The publication process starts once the trademark examining attorney issues the examiner’s amendment and the mark is approved for publication in the USPTO’s Trademark Official Gazette, a weekly online publication.  The USPTO will then send a “Notice of Publication” to the applicant specifying the date its mark will publish in this publication.

 

The USPTO publishes applicant’s mark in the Trademark Official Gazette to provide third parties who believe they may be damaged by registration of applicant’s mark an opportunity to oppose registration of that mark within thirty (30) days from the publication date.  An “opposition” is similar to a federal court proceeding, but this proceeding is held before the Trademark Trial and Appeal Board, a USPTO administrative tribunal of administrative judges who issue decisions on these matters.  If a third party opposes registration of applicant’s mark by instituting an opposition proceeding, the USPTO will send applicant notice of this opposition.  When this occurs, an applicant may wish to hire an attorney due to the complexity of these proceedings.

 

If no one opposes registration of the mark, and the mark was published based upon an applicant’s bona fide intention to use the mark in commerce, the USPTO generally issues a “Notice of Allowance” within approximately eight (8) weeks after the publication date.  Applicant then has six (6) months from the date of the Notice of Allowance to timely file a “Statement of Use” or to file a request for a six-month “Extension of Time to file a Statement of Use” (extension request).  Extension requests are granted in six-month increments and a maximum of five extension requests can be filed after the issuance of the Notice of Allowance.  If a Statement of Use is not filed within the six months after the Notice of Allowance issued, a Statement of Use must be filed within the time period of a previously granted extension request.  The USPTO will only issue a registration certificate after the trademark examining attorney approves a Statement of Use.

 

For an overview of the time frames for when an applicant should file and the USPTO will issue documents related to a trademark application, see Trademark Application and Post-Registration Process Timelines.  Forms for Statements of Use and extension requests, and additional requirements for intent to use applications, are available online at Intent to Use (ITU) Forms.

 

 

 

/Anna Oakes/

Anna J. Oakes

Examining Attorney

Law Office 103

(571) 272-2569

aoakes1@uspto.gov

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on August 29, 2019 for

U.S. Trademark Application Serial No. 88452536

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

/Anna Oakes/

Anna J. Oakes

Examining Attorney

Law Office 103

(571) 272-2569

aoakes1@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).

 

 

 

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.”