To: | MADDEN, Michael (info@mhdpatents.com) |
Subject: | U.S. Trademark Application Serial No. 88476339 - MM - 11813.6720 |
Sent: | September 10, 2019 05:14:27 PM |
Sent As: | ecom112@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88476339
Mark: MM
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Correspondence Address: MALIN HALEY DIMAGGIO BOWEN & BOWEN, P.A.
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Applicant: MADDEN, Michael
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Reference/Docket No. 11813.6720
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 10, 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).
REQUIRED AMENDMENT TO IDENTIFICATION OF GOODS AND SERVICES
Applicant must amend this word to specify that the manufacturing services are custom, for others, or contracted with another: “custom manufacturing of {indicate goods being manufactured};” “manufacture services for others in the field of {indicate goods being manufactured};” or “contract manufacturing of {indicate goods being manufactured}.” The goods being manufactured must be identified with specificity, e.g., doors, furniture, automobiles.
Therefore, applicant must delete “sales” from the identification and indicate with greater specificity the nature of the service in International Class 35; e.g., “retail store services featuring aluminum railing, aluminum handrails, screen enclosures, and non-structural roof systems,” “wholesale distributorships featuring aluminum railing, aluminum handrails, screen enclosures, and non-structural roof systems,” and “on-line wholesale and retail store services featuring aluminum railing, aluminum handrails, screen enclosures, and non-structural roof systems.”
Applicant must clarify the goods by (1) describing the nature, purpose, or use of the system; and (2) listing the system’s parts or components, using common generic terms and referencing the primary parts or components of the system first. See 37 C.F.R. §2.32(a)(6); TMEP §§1401.05(d), 1402.01, 1402.03(a). Additionally, this wording should be classified in the same international class as the primary parts or components of the system. See TMEP §1401.05(d).
If applicant intended to identify each respective good in the identification then the following requirements may also apply.
Applicant may adopt the following wording, if accurate:
(NEW) Class 6: aluminum railing, aluminum handrails, metal screen enclosures, and metal non-structural roof systems, comprised primarily of {specify primary components of the roof systems, i.e. “roof gutters of metal, trusses, etc.”}
(NEW) Class 19: non-metal screen enclosures and non-structural roof systems comprised primarily of {specify primary components of the roof systems, i.e. “roof gutters of metal, trusses, etc.”}
(NEW) Class 35: wholesale distributorship services featuring aluminum railing, aluminum handrails, screen enclosures, and non-structural roof systems
Class 40: Custom manufacture of aluminum railing, aluminum handrails, screen enclosures, and non-structural roof systems
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.
MULTI-CLASS APPLICATION REQUIREMENT
(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 and services that are classified in at least 4 classes; however, applicant submitted a fee sufficient for only 1 class. 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.
REQUIRED AMENDMENT TO MARK DESCRIPTION
The following description is suggested, if accurate:
The mark consists of the two capital letter "M"s disposed in 90-degree relation, with a left-side "M" presented in dark blue, and a right-side "M" presented in light blue. The exposed inside surface in the middle of the top of each “M” is represented by yellow triangles.
ATTORNEY BAR INFORMATION AND ATTESTATION REQUIRED
To provide bar information. Applicant’s attorney should respond to this Office action by using the appropriate TEAS response form and provide his or her bar information in the “Attorney Information” page of the form, within the bar information section. See 37 C.F.R. §2.17(b)(1)(ii). Bar information provided in any other area of the form will be viewable by the public in USPTO records.
For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
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
Melanie Singer
/Melanie Singer/
Trademark Examiner
Law Office 112
(571) 272-5479
Melanie.Singer@uspto.gov
RESPONSE GUIDANCE