To: | Tom Kim (p@moradianlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88474604 - TRU-N-TEK - N/A |
Sent: | March 30, 2020 03:35:44 PM |
Sent As: | ecom128@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88474604
Mark: TRU-N-TEK
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Correspondence Address:
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Applicant: Tom Kim
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Reference/Docket No. N/A
Correspondence Email Address: |
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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 30, 2020
This Office action is in response to applicant’s communication filed on March 10, 2020.
In a previous Office action dated September 11, 2019, the trademark examining attorney required applicant to satisfy the following requirement: amend the identification of goods.
Further, the trademark examining attorney maintains and now makes FINAL the requirement 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:
FINAL: IDENTIFICATION AND CLASSIFICATION OF GOODS – REQUIRED
Applicant provided amendments to the identification of goods in the March 10, 2020 Office action response; however, further amendments are still required. Thus, the following requirement is hereby made FINAL, as outlined below.
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 at http://tess2.gov.uspto.report/netahtml/tidmn.html. See TMEP §1402.04.
An application must specify, in an explicit manner, the particular goods on or in connection with which the applicant uses, or has a bona fide intention to use, the mark in commerce. See 15 U.S.C. §1051(a)(2), (b)(2); 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Therefore, applicant should replace “or” with “and” in the identification of goods, if appropriate, or rewrite the identification with the “or” deleted and the goods specified using definite and unambiguous language.
Applicant should note that any wording in bold, in italics, underlined and/or in ALL CAPS below offers guidance and/or shows
the changes being proposed for the identification of goods. If there is wording in the applicant’s version of the identification of goods which should be removed, it
will be shown with a line through it such as this: strikethrough. When making its amendments, applicant should
enter them in standard font, not in bold, in italics, underlined or in ALL CAPS.
Applicant may substitute the following wording, if accurate:
Class 9: Electronic tags for goods and encoded barcode labels made from a nano material-based ink that changes color upon placement of a magnet or magnetic field, the tag or barcode to verify that a consumer product is authentic
Class 16: A paper tags or a and barcode labels made
from a nano material-based ink that changes color upon placement of a magnet or magnetic field, the tag or barcode to verify that a consumer product is authentic
Class 20: Plastic hang tags and plastic barcode labels made from a nano material-based ink that changes color upon placement of a magnet or magnetic field, the tag or barcode to verify that a consumer product is authentic
See TMEP §§1402.01, 1402.03.
An applicant may only amend an identification to clarify or limit the goods, but not to add to or broaden the scope of the goods. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07. Generally, any deleted goods 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.
MULTIPLE-CLASS APPLICATION REQUIREMENTS – ADVISORY
(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 already paid (view the USPTO’s current fee schedule). The application identifies goods that are classified in at least 3 classes; however, applicant submitted a fee sufficient for only 1 classes. 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 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c).
For 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, see the Multiple-class Application webpage.
RESPONSE GUIDELINES
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).
Megan Aurand
/Megan Aurand/
Examining Attorney
Law Office 128
(571) 272-1614
megan.aurand@uspto.gov
RESPONSE GUIDANCE