United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88456732
Mark: IPAR
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Correspondence Address: 120 W. STEPHEN FOSTER AVE, SUITE 101
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Applicant: KYANA PACKAGING SOLUTIONS
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Reference/Docket No. AV1262017.2
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.
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 Results
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).
SUMMARY OF ISSUES that applicant must address:
REQUIREMENT – AMEND IDENTIFICATION OF SERVICES
Class 35: Industrial packaging production line automation services, namely, [specify type, such as business management and administration of automated packaging production line equipment for others]
Class 37: Industrial packaging production line automation services, namely, [specify type, such as technical advice concerning the installation, repair and maintenance of electric or electronic apparatus, equipment and devices used for automated or partly automated industrial operations]
Class 40: Industrial packaging production line automation services, namely, [specify type, such as custom manufacture of automated product packaging equipment]
Class 41: Industrial packaging product line automation services, namely, [specify type, such as providing training and courses of instruction in the field of automated packaging production line equipment and systems]
Class 42: Industrial packaging production line automation services, namely, [specify type, such as consulting services in the field of workplace automation, design and development of automated packaging production line equipment, etc.]; package redesign services
Applicant’s services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different services or add services not found or encompassed by those in the original application or as acceptably amended. See TMEP §1402.06(a)-(b). The scope of the services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification. TMEP §§1402.06(b), 1402.07(a)-(b). Any acceptable changes to the services will further limit scope, and once services are deleted, they are not permitted to be reinserted. TMEP §1402.07(e).
For assistance with identifying and classifying services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
Advisory – Multi-Class Application
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class (for example, International Class 3: perfume; International Class 18: cosmetic bags sold empty).
(2) Submit a filing fee for each international class not covered by the fee already paid (view the USPTO’s current fee schedule). Specifically, the application identifies services based on use in commerce that are classified in at least five classes; however, applicant submitted a fee sufficient for only one class. Applicant must either (a) submit the filing fees for the classes not covered by the submitted fees or (b) restrict the application to the number of classes covered by the fees already paid.
(3) Submit verified dates of first use of the mark anywhere and in commerce for each international class. See more information about verified dates of use.
(4) Submit a specimen for each international class. The current specimen is acceptable for classes 35, 37, and 42; and applicant needs a specimen for classes 40 and 41. See more information about specimens.
Examples of specimens for services include advertising and marketing materials, brochures, photographs of business signage and billboards, and website printouts that show the mark used in the actual sale, rendering, or advertising of the services.
(5) Submit a verified statement that “The specimen was in use in commerce on or in connection with the goods and/or services listed in the application at least as early as the filing date of the application.” See more information about verification.
See 15 U.S.C. §§1051(a), 1112; 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(1), 2.86(a); TMEP §§904, 1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(a) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
REQUIREMENT – AMEND MARK DESCRIPTION AND COLOR CLAIM
A complete description must identify all the literal and design elements in the mark and specify where the colors appear in those elements. See 37 C.F.R. §§2.37, 2.52(b)(1); TMEP §§807.07(a) et seq.
The following description is suggested, if accurate:
The colors light blue, blue, green, and gray are claimed as a feature of the mark.
The mark consists of a light blue circle bordered in gray which contains an incomplete inner gray circle. Superimposed through the top of the circle is a green “I” followed by the wording “PAR” in a blue edged in gray font.
Assistance
How to respond. Click to file a response to this nonfinal Office action
/Joan M. Blazich/
Joan M. Blazich
Trademark Examining Attorney
Law Office 122
United States Patent and Trademark Office
(571) 272-7810
joan
RESPONSE GUIDANCE