Examiners Amendment

United States Patent and Trademark Office (USPTO)

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

 

 

 

EXAMINER’S AMENDMENT

 

 

Issue date:  March 20, 2020

 

Per applicant’s February 18, 2020 communication and this amendment, prior pending application advisory and Section 2(d) refusal are withdrawn; and the identification and classification of goods requirement is satisfied.  TMEP § 713.02.

 

Application has been amended as shown below.  As agreed to by Louise Arnott on March 19 & 20, the examining attorney has amended the application as shown below.  Please notify the examining attorney immediately of any objections.  TMEP §707.  Otherwise, no response is required.  Id.  In addition, applicant is advised that amendments to the goods are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods are not permitted.  37 C.F.R. §2.71(a).

 

SUMMARY OF ISSUES:

 

• Identification of Goods
• Legal Entity

 

IDENTIFICATION OF GOODS

 

The identification of goods is amended to read as follows: 

 

International Class 004:

 

Chain lubricants in the nature of lubricating oils for string trimmer chains; pole saw bar and chain lubricating oils; chainsaw bar and chain lubricating oils; lubricating oils for chainsaw engines

 

International Class 006:

 

Metal bicycle storage racks; tool chests of metal, empty; metal tool boxes

 

International Class 007:

 

Power operated tools, namely, drills, drill drivers, impact drivers, hammer drills, tire inflators, grinders, screwdrivers, multi-purpose oscillating multi-tools for use with interchangeable heads for cutting, sanding, grinding, polishing, sawing, drilling, scraping, driving, fastening and/or hammering, circular saws, reciprocating saws, jigsaws, speed saws, miter saws, table saws, rotary tools in the nature of grinding bits, cut-off wheels, sanding drums, drill bits, wire brushes, engraving bits, high-speed cutters, grinding stones and station for rotary tools in the nature of holders for power-operated rotary tools; power operated tools, namely, power operated ratchet wrenches, screw guns, electric glue guns, pneumatic grease guns, electric scissors, electric soldering irons and accessories in the nature of component parts for electric soldering irons in the nature of tips, solder coil, and an accessory for electric soldering irons, namely, stations in the nature of a holder specially adapted for electric soldering irons; power operated tools, namely, drill presses, impact wrenches, right angle drills, right angle drill drivers, clutch drivers in the nature of drill drivers, torque drills, drill bits, joiners, namely, wood biscuit joiners, planers, polishers, routers, sanders, buffers, corded nailing guns, battery-operated nailing guns, sprayers, caulk guns; accessories specially designed for use with power operated joiners, namely, wood biscuits joiners; accessories for power operated planers, namely, storage cases specially adapted for power operated planers; accessories for power operated nail guns, namely, anti-friction pads; accessories in nature of component parts specially designed for use with power operated polishers, namely, polishing bonnets in the nature of cloth polisher attachments, polishing wheels, compound sticks in the nature of metal stick cleaners, mandrels, screws, washers; accessories specially designed for use with power operated routers, namely, bits, collars, collets, collet wrenches, bit adaptors, cutting guides, bags specially adapted for holding power operated routers, tables specially adapted to hold power operated routers, miter gauges, throat plates in the nature of saw plates, starting pins in the nature of replacement plate for routers, feather boards in the nature of cutting guides, router fences for use on table routers, wrenches, mark indicators, safety guards; accessories specially designed for use with power operated sanders, namely, dust bags, cases specially adapted for holding power operated sanders, sandpaper, paper punches, sanding pads, scrubbing pads, polishing pads, stripping pads, backer pads, storage bags specially adapted for holding power operated sanders, sanding angles, sanding belts; power operated lawn and garden equipment, namely, string trimmers, blowers, chainsaws, hedge trimmers, cultivators, spreaders, chemical sprayers, edgers, pole saws, shears, automatic floor scrubbers for lawn care; accessories in the nature of component parts for power operated lawn and garden equipment, namely, component parts for power operated backpack blowers, namely, bellows, tubes, nozzles, tube clamps, assembly tools in the nature of screws, nuts and bolts, cable ties; accessories in the nature of component parts for power operated blowers, namely, tubes, nozzles, screws, vacuum bags, vacuum bag adaptors; accessories in the nature of component parts and specially adapted parts for power operated string trimmers, namely, string trimmer lines spools, power heads, grass deflectors, spool caps, spools, scabbards for protecting trimmer blades, handles, string head inserts, dual spool fixed line adapters, funnels, hangar caps, wheel assemblies, head and/shaft assemblies, line carriers, bump knobs, spool cap covers, blower attachments comprised of blowers, attachment cam shafts, attachment securing caps, brushcutter attachment comprised of brushcutters, handle assemblies, shoulder harnesses, bags specially adapted for attachment to power operated string trimmers, gear head locking tools in the nature of locks, pruner attachments comprised of pruners, scabbards for protecting pruner blades, combination wrenches, extension shafts couplings, shoulder straps specially adapted for attachment to power operated string trimmers, shoulder hangers specially adapted for power operated string trimmers, pole saw attachments comprised of poles, scabbards for protecting pole saw teeth, hex keys, shoulder harnesses specially adapted for attachment to power operated string trimmers, power tiller attachments comprised of tillers, handles with mounting hardware, hitch pins, washers, tines; accessories in the nature component parts for chain saws, namely, power heads, gas caps, scabbards for protecting chainsaw bar, combination wrenches, cases specially adapted for holding chainsaws, poles, chain saw tune up kits comprised of spark plugs, primer bulbs, fuel filters, air filters; accessories in the nature of component parts for power operated cultivators, namely, in the nature of cultivator tines, tine spacers, wheels, wheel and drag bar assemblies, wheel and drag bar adjustment knobs, hitch pins, washers; accessories in the nature of component parts for power operated edgers, namely, blades, wheel assemblies, power heads, string head and shaft assemblies, grass deflectors, line carriers, lines, funnels; power operated hedge trimmer kits comprising hedge trimmers, cam shafts, blade covers; accessories in the nature of component parts for power operated pole saws, namely, chains, scabbards for protecting pole saw teeth; power tool accessories, namely, door lock installation kit comprised of a hole saw and drill bits; accessories in the nature of kits for power operated drills comprising drill bits, chucks, chuck keys, chuck key holders, depth rods in the nature of metal rods that attach to drills, hex keys specially adapted for power drills, screw guides, shaft bit extensions, cases specially adapted for power drills, bags specially adapted for holding power drills, drill shanks, bit holders, socket power adaptors, hole saw mandrels, countersinks, power drill center punches, arbor adapters in the nature of arbor presses and arbor drill presses, nut setters, power tap and die sets, edge guides, wing nut bolt drivers; accessories in the nature of kits for power operated grinders comprising spindles, lights specially adapted for power grinders, grit abrasive wheels, wire wheels, grinding wheels, wire brushes, safety shields as structural parts of power operated grinders, work rests, diamond wheel dressing tools in the nature of diamond cutting wheels, wrenches, masonry wheels, polishers, sanders and paint removers, all being specially adapted parts for power operated grinders; vacuum cleaners; wet-dry vacuums; lawn mowers; electric sweepers; lawn vacuums; electric knives; gas-operated power generators and electric generators; snow blowers; high pressure washers and accessories in the nature of kits for high pressure washers comprising spray guns, hoses, nozzles, nozzle adaptors, pressure regulators being parts of pressure washers, tips, filters, cleaners in the nature cleaning preparations and sprayer wands; electric augers; power-operated jacks; winches; hoists; multi-purpose steam cleaners; automatic floor scrubbers; electric food blenders; power operated paint removing machines; electric door openers and closers; electric pumps; automatic swimming pool cleaners and parts therefor; hand-held vacuum cleaners; pneumatic roofing cutters; accessories for pneumatic roofing cutters, namely, blades and blade kits comprised of blades; accessories for pneumatic tools, namely, drill bits, nut setters, impact drivers, screw guides, and driving bits; pneumatic staplers; pneumatic nailing machines; power-operated roofing hammer tackers in the nature of combination staple gun and hammer; power-operated saws; accessories for power-operated saws, namely, blades; compressors, namely, gas compressors, electric compressors; power operated paint roller machines

 

International Class 008:

 

Manually operated hand tools, namely, punches, scissors, snips, pliers, wire strippers, wire cutters, hex keys, nail sets, axes, hatchets, hammers, nail pulling bars, screwdrivers, wrenches, socket sets, socket wrenches, ratchet wrenches; mechanics hand tools sets, namely, socket sets and ratchet wrench sets; multi-function hand tools comprised of pliers, saws, screwdrivers, bottle openers, and rulers; hand-powered staple guns; pick axes; hand-operated tools, namely, jab saws, hack saws, mallets, roofing hammer tackers in the nature of combination staple gun and hammer; hand-operated tools, namely, floats for grout, mortar or cement; hand-operated tools, namely, chisels, masonry chisels, club hammers, sledge hammers, mattocks, mauls, molding bars in the nature of steel bar for prying molding and trim, pry bars, wedges, clamps, trowels, shovels, rakes, forks in the nature of digging forks, post hole diggers and bolt cutters; knives, namely, pocket knives, folding knives, and fixed blade knives; utility knives; specially adapted parts and accessories for punches being hand tools, namely, nail punches, chisels, files, etc.; gardening tools, namely, spades, hoes, loppers, hand-operated pruners, hand-operated hedge trimmers in the nature of shears and hand operated spreaders for seed and dry lawn chemicals; hand tools, namely, sanding sponges, handsaws; hand-operated marking tools, namely, chalk line reels; hand-operated measuring tools, namely, squares; tool belts; accessories for hand-operated tools, namely, tool belt clips for holding tools; specially adapted parts and accessories for hand-operated spades, hoes, loppers, pruners, hedge trimmers and spreaders, namely, handles for spades, hoes, loppers, pruners, hedge trimmers and spreaders; blades for hacksaws; knife blades for pocket knives, folding knives, and fixed blade knives; manual hand-held sprayers for insecticide; manual hand-held lawn and garden chemical sprayers; tap and die sets being hand tools; edge guides being hand tools; electrician's bolster being hand-operated cutting tools; hand-operated tools for working with tile, drywall and masonry, namely, trowels, floats; kits comprised primarily of hand-operated tools, namely, trowels and floats, an interchangeable handle system comprised of a reversible handle with an adjustable clamp and a storage box for the components of the kit; replacement parts for hand-operated trowels and floats, namely, handles

 

International Class 009:

 

Batteries and battery chargers; battery packs; USB power source, namely, electric batteries; thermometers, not for medical purposes; headphones; lighted magnifying glasses; cameras; protective ear covering shields; solar-powered battery chargers; electronic scoreboards; electrical power devices, namely, inverters for supplying low power amperage outdoors; inverters; audio speakers; audio speakers for use in connection with pools; protective body cooling gear, namely, active cooling vests that cool down body temperature to prevent injury due to overheating; knee pads for workers; radios; measuring wheels; magnetic and or electric stud finders; circuit testers; chainsaw chaps in the nature of protective clothing featuring armor for protection against accident or injury that could be caused by a chainsaw; heated protective work gloves; protective work gloves; safety eyewear for construction; tape measures; long tape measures; measuring tools, namely, carpenter's levels, bubble levels, laser levels; electric lighted caution signs

 

International Class 010:

 

Massage guns in the nature of a massage apparatus; massage apparatus, namely, vibrating heated massage rollers; body rehabilitation apparatus for medical purposes, namely, heated wraps for rehabilitation; ear plugs for noise reduction

 

International Class 011:

 

Lanterns for lighting; hybrid lights for indoor and outdoor use, namely, indoor and outdoor lighting fixtures; flood lights; spotlights; portable headlamps; workbench lights, namely, lamps; pen lights; hanging lights in the nature of lighting fixtures; cable lights in the nature of lighting fixtures; solar powered lighting fixtures lights; Christmas lights, namely, electric lights for Christmas trees; lamps; mobile lighting tower which incorporates a misting system for outdoor cooling and audio speakers; electric space heaters; electric coolers; electric misting fans for cooling; air conditioners; misting systems for outdoor cooling; portable misting systems for outdoor cooling, namely, bucket topper misters; misting shelters systems for outdoor cooling; outdoor propane heaters; humidifiers; portable smokeless fire pits; electric and gas grills; electrically heated clothing; electrically heated jackets; electrically lighted jackets; electrically heated seats; electrically heated floor mats; electrically heated blankets for household purposes; electric coffee makers; non-electric air diffusers comprised of a wick in a container used to emit scent sold without scented oil; electrical devices to be plugged into wall outlets having a heating element and which dispenses an insect repellent; heat guns; electric fans; LED lights, namely, electric track lighting units and lighting fixtures, LED flashlights and LED work lights for construction settings; accessories for power operated grinders, namely, lights being a lighting fixture sold separately from the grinder; cooling chairs, not for medical purposes; electrically heated sleeping bags

 

International Class 012:

 

Mechanics’ creepers; electrically-powered motor scooters; wagons; drones; bicycles; tricycles not being toys; universal drive joints for land vehicles

 

International Class 016:

 

Stapling presses; marking chalk; erasers; paint rollers; markers; dry erase markers; highlighter pens; carpenter pencils; hand held battery power operated paint rollers

 

International Class 017:

 

Hoses for pneumatic tools; electrical tape; caution tape in the nature of plastic, non-adhesive tape used to create a visual barrier to deny access to an area

 

International Class 018: (unchanged)

 

Tool pouches, sold empty; tool bags, sold empty; backpacks; bags, namely, all purpose carrying bags

.

International Class 020:

 

Tables; garage work stations, namely, work stations comprising work benches, work tables and metal storage cabinets; metal storage cabinets; work benches; non-metal tool boxes sold empty; saw horses; plastic storage containers for commercial or industrial use; chairs in the nature of furniture, also featuring a cooling function, not for medical purposes

 

International Class 021: (unchanged)

 

Non-electric portable coolers; plastic storage containers for household or domestic use; work gloves; gardening gloves; electrical lighting devices for attracting and killing insects and bugs with integrated heating elements; accessory for electric soldering irons in the nature of a tip cleaning sponge

 

International Class 022:

 

Plastic bags for storage of household items; cloth bags for storage

 

International Class 024:

 

Sleeping bags; electrically heated sleeping bags

 

International Class 028:

 

Cornhole game sets; skateboards; toy foam dart shooters; remote control toys, namely, remote controlled cars; toy water gun with backpack sold as a unit; ride-on toys

 

See TMEP §§1402.01, 1402.01(e).

 

LEGAL ENTITY

 

Applicant clarified that the legal entity of the general partners is a Limited Company, and the place of organization is Virgin Islands, British (all shown in assignment documents filed in applicant’s pending applications and registrations.  See 37 C.F.R. §2.32(a)(3)(ii); TMEP §§803.03(b), 803.04.

 

What Happens Next: After an examiner’s amendment issues, the trademark examining attorney will usually approve the mark for publication in the Trademark Official Gazette, a weekly online publication of the USPTO. The USPTO will then send a “Notice of Publication” to the applicant specifying the date of publication.

 

The purpose of publishing applicant’s mark in the Trademark Official Gazette is to provide an opportunity to third parties who believe they may be damaged by registration of applicant’s mark to oppose its registration within thirty (30) days from the publication date.  An “opposition” is similar to a federal court proceeding, but this proceeding is held before the Trademark Trial and Appeal Board, a USPTO administrative tribunal of administrative judges who issue decisions on such matters.  If an opposition proceeding is instituted to oppose registration of applicant’s mark, applicant will receive notice.  In such cases, due to the complexity of such matters, applicant may wish to hire an attorney.

 

If the mark is published based upon the actual use of the mark in commerce, or based on a foreign registration, and no party opposes its registration, the USPTO will normally register the mark and issue a registration certificate within approximately twelve (12) weeks after the date the mark was published.

 

For an overview of the time frames for when an applicant should file and the USPTO will issue documents related to a trademark application, see Trademark Application and Post-Registration Process Timelines.  Forms for Statements of Use and extension requests, and additional requirements for intent to use applications, are available online at Intent to Use (ITU) Forms.

 

/Brittany Lee-Richardson/

Trademark Examining Attorney

Law Office 116

571.272.9750

Brittany.Lee-Richardson@uspto.gov

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on March 20, 2020 for

U.S. Trademark Application Serial No. 88480116

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

/Brittany Lee-Richardson/

Trademark Examining Attorney

Law Office 116

571.272.9750

Brittany.Lee-Richardson@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).

 

 

 

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.”