To: | Broan-NuTone LLC (trademarks-ch@btlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88473657 - NUTONE - 76406-296334 |
Sent: | September 09, 2019 03:31:31 PM |
Sent As: | ecom109@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88473657
Mark: NUTONE
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Correspondence Address: |
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Applicant: Broan-NuTone LLC
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Reference/Docket No. 76406-296334
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: September 09, 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.
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).
Identification of Goods and Services
The identification of goods and services is indefinite and must be clarified because it is indefinite. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant may adopt the following identification, if accurate:
Class 06: Non-electric metal door chime with and without optical viewer
Class 07: Central vacuum cleaning system installations<or applicant may specify
what the systems are comprised of> for commercial use, comprised of central power units, conduits, outlets, switches and cleaning attachments
Class 09: Electric door chimes with and without clocks; classic electric
doorbells and buzzers; blinking light visual door signal and components therefor, namely, electronic module, transmitter, and receiver; wireless electronic door chime and extension therefor; video
door answering system and components therefor comprised of a door camera, video monitor, audio and video
surveillance camera, electrical cable, cable connectors, signal splitters and transformers; remote electric door locks, electric door communication and lock control system and components therefor, comprised of loudspeakers, door release modules, control amplifiers, and electrically operated door releases; lighted
and non-lighted electric push-button switch for doorbell; electric wire for doorbell chime; transmitters, modules, and receivers for use with door signaling devices; electric switches and remote
controls for ceiling fans; time delay switches for heaters and exhaust fans and ventilation fans; variable speed controls for ventilation fans; electric timer switches for heaters, ventilation fans
and exhaust fans; electric timer controls, electric switches, thermostatic controls and humidity controls for attic fans and house fans; selective call intercoms and components therefor, namely,
master stations, chime modules, cd players, electrical cable, loudspeakers, remote controls, amplifiers, transformers, radio-intercoms with and without cassette recorders, cd players and am/fm radio;
mounting frames for loudspeakers and intercom controls; building entrance calling directories in the nature of an intercom; central vacuum cleaner systems comprising electric
motor-driven apparatus for creating a vacuum, hoses, electrical extension cords, caddy for storing cleaning attachments and tools, plastic tubing and fittings, automatic on/off inlets, disposable
vacuum cleaner soil bags, extension tube wands, installation kits for central vacuum cleaner systems, comprising of tubing, fittings, nail plates, mounting brackets, couplings, inlet frames, cover
plates, and plaster guards, mounting brackets, nail plates, and duct outlet cover plates all sold as a unit; <it is unclear the nature of the goods, but they appear to be a class 07 type
vacuum cleaner good> electric junction box cover for electric track lighting; electric power cord and plug track
connector<indefinite> with live end for electric track lighting; t-bar electric outlet boxes for electric track lighting; electric doorbells; electric door chimes; wired mechanical
electrically operated doorbells; electric doorbells with video function; <downloadable, recorded> computer software and downloadable
mobile apps for operating video doorbells; wireless electric doorbells; video monitors; video screens; cameras; video recorders; webcams; intercoms and video intercoms; home automation electronics,
namely, remote controls for garage doors; electric light dimmers and light switches; electrical wall outlets; thermostats; wired and wireless electronic controllers for thermostats, home security
systems, outdoor and indoor lighting and appliances, namely, ventilation fans, water pumps, water heaters and kitchen appliances; electrical power devices in the nature of multimedia outlets for
controlling automatic or scheduled turn on/off appliances plugged into the outlet; home and office automation systems comprising wireless and wired controllers, controlled devices, and software for
lighting, hvac, security, safety and other home and office monitoring and control applications; home automation electronics, namely, wired and wireless controllers of thermostats, automatic doors and
gate openers, security sensors, light bulbs, light switches, electrical outlets, smart electrical irrigation systems, namely, dripper irrigation systems and irrigation sprinklers, and cameras;
electronic controllers for garage doors; Z-wave controllable light bulbs; dimmable LED light bulbs; dimmers and light switches; wall outlets;
thermostats; wired and wireless controllers of thermostats, of secure access, namely, <recorded, downloadable> software for accessing and controlling alarm
systems, receiving alarm system status data and event notifications, of lighting and appliances; electrical power devices in the nature of multimedia outlets for controlling automatic and scheduled
turn on/off appliances plugged into the outlet; home and office automation systems comprising wireless and wired controllers, controlled devices for safety and other home and office monitoring and
control applications, namely, computer and smartphone hubs used for monitoring, controlling, scheduling and automating doors, lighting, heating, air conditioning, irrigation systems, and cameras, and
software for lighting, HVAC, security; central vacuum cleaning system for residential use, namely, central power units, conduits, outlets, switches and cleaning attachments;
central cleaning systems, namely, built in cleaning equipment, vacuum power units, vacuum ducts, hoses, fittings, connections, powered brushes, tools, wands, tool caddies; wireless audio speakers for
household exhaust fans and component parts thereof<unclear nature of goods, but may be class 07 vacuum cleaner goods>; Electric chimes, door signals and inter room signaling
devices
Class 11: Outdoor landscape lighting installations for recreational, camping, or commercial use, not
for agricultural use; outdoor LED landscape lights that emit insect repellant for recreational, camping, or commercial use for humans and pets, not for agricultural use; electric light bulbs for
lighted doorbell push button switches; wall and roof mounted exhaust fans for ducted connection to rangehoods; rangehoods with exhaust fans and filters; <Specify type i.e.
bathroom, ventilating, etc.>exhaust fans with and without lights and exhaust fans with and without filters; exhaust fans for direct mounting to rangehood;
wall-mounted fans for inside and outside walls and ceilings; ventilation fan accessories, namely, grilles, dampers, reducers, size adapter kits for interconnecting differently sized ducts together,
roof caps, eave caps and wall caps, ducts, and sleeves; ceiling fans with and without lights and accessories therefor, namely, fan blade extension stems, close-up converters and hanger kits for
suspending fans at varying distances from the ceiling sold as a unit; roof exhaust fans; electric attic fans; radiant, forced air and infrared portable electric space heaters; fan air filters for domestic use; electric portable heaters with and without lights and electric portable heaters with and
without ventilation fans; ceiling-mounted and interior and exterior wall-mounted discharge, exhaust and ventilation fans; roof-mounted discharge, exhaust and ventilation fans; gable fans and
automatic gable louvers; whole-house ventilation fans and louvers therefor; electrical track lighting fixtures and components, namely, track lighting track, covers, floating center track feeders,
track pendant adapters and utility hooks, track suspension extenders and couplers, t-bar clips, track supports, track connection adapters; fluorescent lighting fixtures; non-ducted ventilation fans;
room-to-room electric fans; bathroom electric lighting fixtures; air-conditioning, air cooling and ventilation apparatus and instruments; furnaces; hvac units; light bulbs
which may be controlled remotely; dimmable led light bulbs; environmental control items; electric light bulbs for lighted doorbell push button switches; wall and roof mounted
exhaust fans for ducted connection to rangehoods; rangehoods with exhaust fans and filters; exhaust fans with and without lights and/or with and without filters; exhaust fans for direct mounting to
rangehood; wall-mounted fans for inside and outside walls and ceilings; ventilation fan accessories, namely, grilles, dampers, reducers, size adapter kits for interconnecting differently sized ducts
together, roof caps, eave caps and wall caps, ducts, and sleeves; ceiling fans with and without lights and accessories therefor, namely, fan blade extension stems, close-up converters and hanger kits
for suspending fans at varying distances from the ceiling sold as a unit; roof exhaust fans; attic fans; radiant, forced air and infrared portable space heaters; fan air filters for domestic use;
electric portable heaters with and without lights and/or with and without ventilation fans; ceiling-mounted and interior and exterior wall-mounted discharge, exhaust and ventilation fans;
roof-mounted discharge, exhaust and ventilation fans; gable fans and automatic gable louvers; whole-house ventilation fans and louvers therefor; electrical track lighting fixtures and components,
namely, track lighting track, covers, floating center track feeders, track pendant adapters and utility hooks, track suspension extenders and couplers, t-bar clips, track supports, track connection
adapters; fluorescent lighting fixtures; non-ducted ventilation fans; room-to-room fans; bathroom electric lighting fixtures; air-conditioning, air cooling and ventilation apparatus and instruments;
furnaces; hvac units; light bulbs which may be controlled remotely; dimmable led light bulbs; environmental control items; <duplicate language> ventilating fans and combination
heating and lighting units; household and bathroom exhaust fans with integrated wireless audio speakers and component parts thereof; exhaust fans and combination exhaust fan and
light assemblies automatically controlled by humidity and motion detectors and programmable timers; ventilating fans and fan speed
controllers for household use; ventilating exhaust fans, ventilating exhaust fans with ceiling lights, bathroom exhaust fans, bathroom exhaust fans with ceiling lights; electrical heaters adapted to
be built into the walls and the ceilings of rooms, exhaust fans, built in ventilating hoods, radio intercom and music systems; radiant heaters
Class 20: Non-electric non-metal door chime with and without optical
viewer; decorative cabinets with fold-out ironing boards, and accessories therefor, namely, ironing board swivels, sleeve boards, replacement pads for
ironing boards; bath cabinets, namely, medicine cabinets and bathroom cabinets
Class 21: Radio intercommunication systems and equipment namely<specify by common commercial name>; outdoor landscape fixtures consisting of a stake, pole and housing that emit insect repellant for humans and pets; outdoor landscape fixtures consisting of a stake, pole and housing that emit insect repellant for recreational, camping, or commercial use, not for agricultural use; ironing board accessories and replacement parts, namely ironing board swivels, shaped sleeve boards, replacement shaped pads for ironing boards
Class 35: Business administration of a consumer trade loyalty reward program to third parties who sell and install indoor air networks, residential ventilation and air quality products, range hoods, ventilation fans, and air exchangers, door chimes, central vacuum systems, intercom systems, built-in electric heaters, fresh air systems, attic ventilators, ironing centers, and home automation products
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.
(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 are classified in at least seven classes; however, applicant submitted a fee(s) sufficient for only six 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.
Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration.
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
If the applicant has any questions or needs assistance regarding this action, please telephone the assigned examining attorney.
/FrankLattuca/
Frank Lattuca
Examiing Attorney
Law Office 109
(571) 270-1518
Frank.Lattuca@uspto.gov
RESPONSE GUIDANCE