To: | MSA Technology, LLC (trademarks@webblaw.com) |
Subject: | U.S. Trademark Application Serial No. 88489984 - GRID - 2934-1904551 |
Sent: | September 17, 2019 01:06:28 PM |
Sent As: | ecom111@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88489984
Mark: GRID
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Correspondence Address: |
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Applicant: MSA Technology, LLC
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Reference/Docket No. 2934-1904551
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 17, 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.
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).
Summary of Issues for Response:
1. Identification of the Goods;
2. Attorney Information;
3. Significance of the Mark.
Identification of the Goods
In addition, the applicant must separate the goods with a semicolon. Also, pursuant to the 10th Edition of the Nice Agreement “hearing protectors” are in Class 10 whether for medical use or not. While headphones and communication headsets incorporating hearing protection are in Class 9, hearing protectors without the ability to reproduce or transmit sound are in Class 10. Applicant may adopt the following wording, if accurate:
Class 9: Gas detectors for detecting the presence of gas; downloadable software for use with gas detection, gas calibrators, vapor, gas, fire, and danger alarms, measurement and analysis; thermal imagining cameras; respiratory protective apparatus, namely, self-contained breathing apparatus and parts thereof; electronic hearing protection incorporated into a communications systems associated with radio communications and telemetry; electronic devices, namely, personal alert safety systems (PASS), fall detection systems and apparatus, utilizing physiological monitoring equipment, location determination and geo-fencing.
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.
Attorney Information
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.
Significance of the Mark
To permit proper examination of the application, applicant must explain whether the wording in the mark “GRID” has any significance in the applicant’s trade or industry or as applied to applicant’s goods and/or services, or if such wording is a “term of art” within applicant’s industry. See 37 C.F.R. §2.61(b); TMEP §814. The attached pages seem to indicate a descriptive use of the term GRID,” and applicant must provide a specific explanation of the meaning of the term relative to the underlying goods and services. Failure to comply with a request for information is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814.
Information on How to Respond to this Office Action
An applicant may check the status of or view documents filed in an application or registration using the Trademark Status and Document Retrieval (TSDR) system. Enter the application serial number or registration number and click on “Status” or “Documents.”
For assistance addressing the legal issues raised in this action, please contact the undersigned attorney. For all other matters, including filing questions, status inquiries and general questions, please contact the Trademark Assistance Center at 1-800-786-9199 or 571-272-1000.
Please note that although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the refusal(s) and/or requirement(s) in this Office action. See TMEP §§705.02, 709.06. Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
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
/Susan Leslie DuBois/
Examining Attorney
Law Office 111
571.272.9154
susan.dubois@uspto.gov
RESPONSE GUIDANCE