Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

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

 

 

 

FINAL 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) and/or Electronic System for Trademark Trials and Appeals (ESTTA).  A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action. 

 

Issue date:  March 27, 2020

 

This Office action is in response to applicant’s communication filed on February 27, 2020.

 

In a previous Office action(s) dated September 4, 2020, the trademark examining attorney refused registration of the applied-for mark based on the following:  Foreign Registration; Attorney Bar; Identification of goods   information.   

 

Based on applicant’s response, the trademark examining attorney notes that the following requirement(s) have been satisfied:  Attorney Bar information and a portion of the identification of goods. See TMEP §§713.02, 714.04. 

 

The following refusal(s) have also been obviated: Foreign registration is deleted and amended to 1(b) for all classes. See TMEP §§713.02, 714.04. 

 

Further, the trademark examining attorney maintains and now makes FINAL the requirement(s) in the summary of issues below.  See 37 C.F.R. §2.63(b); TMEP §714.04.

 

SUMMARY OF ISSUES MADE FINAL that applicant must address:

 

• Identification of goods.

Identification of Goods:

 

The identification of goods is indefinite and must be clarified because further information and specification is required about what applicant means by “commercial fit outs”.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

Applicant may adopt the following identification, if accurate: 

International Class 17:

Acoustic insulation materials; acoustic insulating sound absorption panels, screens and partitions; materials for acoustic insulation; sound absorbing insulation materials; sound absorbing wall coverings, namely, sound absorbing insulation materials; sound insulating materials for walls, screens, panels and partitions; fabrics for acoustic insulation; insulating felt for use in commercial fit outs, namely, (list the specific field of use) and the commercial furniture industry.

 

International Class 24: acceptable.

 

For assistance regarding an acceptable listing of goods and/or services, please see the on-line searchable Manual of Acceptable Identifications of Goods and Services, at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/.

 

Recitation and Identification Amendment Advisory:

 

Please note that, while the identification of goods/services may be amended to clarify or limit the goods/services, adding to the goods/services or broadening the scope of the goods/services is not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, applicant may not amend the identification to include goods/services that are not within the scope of the goods/services set forth in the present identification/recitation.

 

Partial Abandonment Advisory:

 

If applicant fails to timely respond to this Office action within the time limit, then the aforementioned goods/services will be deleted from the application: insulating felt for use in commercial fit outs.

 

The application will then proceed forward for the remaining goods and/or classes: acoustic insulation materials; acoustic insulating sound absorption panels, screens and partitions; materials for acoustic insulation; sound absorbing insulation materials; sound absorbing wall coverings, namely, sound absorbing insulation materials; sound insulating materials for walls, screens, panels and partitions; fabrics for acoustic insulation; insulating felt for use in the commercial furniture industry and Int. class 24.  37 C.F.R. §2.65(a).

 

Questions:

 

 

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. 

 

How to respond.  Click to file a request for reconsideration of this final Office action that fully resolves all outstanding requirements and refusals and/or click to file a timely appeal to the Trademark Trial and Appeal Board (TTAB) with the required filing fee(s).

 

 

/ LDA/

Lourdes Ayala,

Attorney at Law

Law Office 106

Telephone Number 571-272-9316

Lourdes.Ayala@uspto.gov

 

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA 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 March 27, 2020 for

U.S. Trademark Application Serial No. 88467919

 

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. 

 

 

/ LDA/

Lourdes Ayala,

Attorney at Law

Law Office 106

Telephone Number 571-272-9316

Lourdes.Ayala@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 March 27, 2020, 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.”