To: | Beijing Roborock Technology Ltd. (gtipmail@gtlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88491446 - SENSIENT - N/A |
Sent: | September 18, 2019 03:55:03 PM |
Sent As: | ecom120@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88491446
Mark: SENSIENT
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Correspondence Address: 4 EMBARCADERO CENTER, SUITE 3000
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Applicant: Beijing Roborock Technology Ltd.
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Reference/Docket No. N/A
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 18, 2019
INTRODUCTION
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).
The wording “Remote on-site robot” must also be clarified because the type or nature of the robot is unclear. Further, this wording is broad because it may include goods in other classes (e.g., industrial robots in class 7, laboratory robots in class 9, surgical robots in class 10, toy robots in class 28, etc.).
Applicant must specify the wording “detectors” because it is indefinite and does not specify its function or purpose (e.g., carbon dioxide detector, laser speed detectors, metal detectors, etc.).
For “distance measuring devices,” applicant may adopt “apparatus” instead of “devices,” as the word “devices” is generally found to be indefinite.
Applicant’s wording for “infrared, photoelectric, laser, and ultrasonic sensors for measuring position” is currently indefinite because the wording “measuring” indicates that it is trying to quantify something (e.g., distance, chemical levels, temperature, etc.). Applicant may clarify what it is trying to measure or may adopt the wording “sensors for determining position” in class 9.
Applicant may substitute the following wording, if accurate:
Class 9: Downloadable computer software for remotely detecting, calculating, monitoring, mapping, and reporting surface conditions; Remote on-site robots, namely, telepresence robots; humanoid robot with artificial intelligence; cameras; detectors, namely, {specify type of detector, e.g., motion detector, fire and smoke detectors, etc.); optical position sensors; distance measuring apparatus; infrared, photoelectric, laser, and ultrasonic sensors for determining position
Multiple-Class Application Advisory. Please note, if applicant includes additional classes in response to this requirement, applicant must also comply with the multiple-class application requirements provided herein.
ID Manual. 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
(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). 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.
Applicant’s name includes “LTD” which is generally considered a “Limited Company” or “Limited Liability Company.”
Applicant may adopt “Limited Company” or “Limited Liability Company,” if accurate.
Otherwise, applicant must clarify the legal entity in the application. See 37 C.F.R. §§2.32(a)(3), 2.61(b); TMEP §803.03(i). Applicant may do so by (1) specifying the entity type that would be the equivalent of a “limited corporation” in the United States or (2) providing a description of the nature of the foreign entity that is applying. See TMEP §803.03(i).
Response guidelines. 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.
Please note that an applicant’s domicile address dictates whether an applicant is required to have an attorney who is an active member in good standing of the bar of the highest court of a U.S. state or territory represent them at the USPTO. See 37 C.F.R. §§2.11(a), 2.22(a)(1), 2.32(a)(2), 2.189. An applicant whose permanent legal residence or principal place of business is not within the United States or its territories must be represented by a U.S.-licensed attorney at the USPTO. 37 C.F.R. §§2.2(o)-(p), 2.11(a).
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
/Jeane Yoo/
Jeane Yoo
Examining Attorney
Law Office 120
(571) 272-5021
Jeane.Yoo@uspto.gov
RESPONSE GUIDANCE