Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

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

 

 

 

NONFINAL 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).  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).

 

Identification of Goods and Services

 

The identification of goods and services is indefinite and must be clarified because it is indefinite.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may adopt the following identification, if accurate: 

 

Class 06: Metal elbows for pipes 

 

 

Class 07:  Trash compactors; motors for fan and blower assemblies for heating, ventilating and air conditioning products; fan blades for fan and blower assemblies in heating, ventilating and air conditioning products; variable frequency drives for motors, other than for land vehicles, specifically for fan and blower assemblies for heating, ventilating, and air conditioning products; central vacuum systems for residential use, comprised of central vacuum units, tubing and fittings; central vacuum cleaning systems for residential and commercial use, comprised of, central power units, outlets, switches, and cleaning attachments; replacement parts and accessories for vacuum cleaners, namely, wall inlet valves, hoses, belts, motors, filters, powerheads, carpet brushes and gaskets; hand tool kits comprised primarily of crevice tools, upholstery tools with brushes, floor/wall tools and on-board tool caddies; central vacuum systems comprising electric power units, electric power brushes, vacuum brushes, crevice tools, dusting brushes, bags for use with vacuum cleaners, suction nozzles, hoses, turbine brushes, wands, upholstery tools, hard floor tools, brush tools for pet hair, tool caddies, extension cords, protective hose sleeves, mufflers, hose wall inlets, dust pan inlets and trim plates, plastic tubing and tubing fixtures, and parts and fittings for the foregoing all sold as a unit; central vacuum units and parts therefor, namely, vacuum canisters and wands; central vacuum cleaning installations; central vacuum cleaner systems comprised of<specify> and structural replacement components therefor, namely, on and off electrical switches, cleaning attachments, electrical extension cords, plastic tubing and fittings, automatic on and off inlets, disposable soil bags, installation kits, mounting brackets, nail plates and duct outlet cover plates; central vacuum cleaner systems comprising electric motor-driven apparatus for creating a vacuum, hoses, electrical extension cords, caddy for storing and cleaning attachments and tools, plastic tubing and fittings, automatic on and off inlets, disposable vacuum cleaner soil bags, extension tube wands, installation kits for central vacuum cleaner systems, comprising of tubing, fittings, nail plates, mounting brackets, couplings, inlet frames, cover plates, and plaster guards, mounting brackets, nail plates, and duct outlet cover plates all sold as a unit   

 

Class 09:   Electric control panels and switches for fans, air exchangers, and ventilators; electronic control panels for indoor air quality and ventilation systems; electronic humidity sensors and controllers for use with ventilators; electric control system, namely, main electronic controllers for use with heating, air conditioning, humidifying, dehumidifying, ventilation and air purifying systems; climate control systems consisting of digital thermostats and ventilation control devices; wireless audio speakers for household exhaust fans and component parts thereof; wireless audio speakers for ventilation fans and bathroom exhaust fans; whole house music distribution and home theatre system, namely, in-wall, ceiling, surface mount, indoor, and outdoor speakers, subwoofers, volume controls, rough-in frame for speakers; electric door chimes with and without clocks; classic electric doorbells and buzzers; blinking light visual door signal and components therefor, namely, electronic module, transmitter, and receiver; wireless electronic door chime and extension therefor; video door answering system and components therefor, comprised of a door camera, video monitor, audio/video surveillance camera, electrical cable, cable connectors, signal splitters and transformers; remote electric door locks, electric door communication and lock control and components therefor, namely, loudspeakers, door release modules, control amplifiers, and electrically operated door releases; lighted and non-lighted electric push-button switch for doorbell; electric wire for doorbell chime; transmitters, modules, and receivers for use with door signaling devices; electric switches and remote controls for ceiling fans; time delay switches for heaters and exhaust fans and ventilation fans; variable speed controls for ventilation fans; electric timer switches for heaters, ventilation fans and exhaust fans; electric timer controls, electric switches, thermostatic controls and humidity controls for attic fans and house fans; selective call intercoms and components therefor, namely, master stations, chime modules, cd players, electrical cable, loudspeakers, remote controls, amplifiers, transformers, radio-intercoms with and without cassette recorders, cd players and am/fm radio; mounting frames for loudspeakers and intercom controls; building entrance calling directories in the nature of an intercom; electric box cover for electric track lighting; electric power cord and plug track connector with live end for electric track lighting; t-bar electric outlet boxes for electric track lighting; electric doorbells; electric door chimes; wired mechanical electrically operated doorbells; electric doorbells with video function; <downloadable, recorded>computer software and mobile apps for operating video doorbells; wireless electric doorbells; video monitors; video screens; cameras; video recorders; webcams; intercoms and video intercoms; home automation electronics, namely, remote controls for garage doors; electric light dimmers and light switches; electrical wall outlets; thermostats; wired and wireless electronic controllers for thermostats, home security systems, outdoor and indoor lighting and appliances, namely, ventilation fans, water pumps, water heaters and kitchen appliances; electrical power devices in the nature of multimedia outlets for controlling automatic or scheduled turn on/off appliances plugged into the outlet; home and office automation systems comprising wireless and wired controllers, controlled devices, and <downloadable, recorded>software for lighting, hvac, security, safety and other home and office monitoring and control applications; home automation electronics namely, wired and wireless controllers of thermostats, automatic doors and gate openers, security sensors, light bulbs, light switches, electrical outlets, smart electrical irrigation systems, namely, dripper irrigation systems and irrigation sprinklers, and cameras; controllers for garage doors; Z-wave controllable light bulbs; dimmable LED light bulbs; dimmers and light switches; wall outlets; thermostats; wired and wireless controllers of thermostats, of secure access namely, <downloadable, recorded>software for accessing and controlling alarm systems, receiving alarm system status data and event notifications, of lighting and appliances; electrical power devices in the nature of multimedia outlets for controlling automatic and scheduled turn on/off appliances plugged into the outlet; home and office automation systems comprising wireless and wired controllers, controlled devices for safety and other home and office monitoring and control applications, namely, computer and smartphone hubs used for monitoring, controlling, scheduling and automating doors, lighting, heating, air conditioning, irrigation systems, and cameras, and <downloadable, recorded>software for lighting, HVAC, security; electric chimes, door signals and inter room signaling devices; downloadable electronic publications namely <specify i.e. ebooks, etc.> in the field of heat and energy recovery ventilation; control switches for, <specify> and speed and time control switches 

 

 

Class 11:  Air handlers; heat pumps; evaporator coils for heating, ventilation and air conditioning units; zoning systems comprised of automatically adjusting climate controls, zone dampers and zone actuators with monitoring software for diagnostics, scheduling and alarming, all sold as a unit; range hoods and accessories therefor, namely, splash plates, duct extensions, fittings, and wall and roof caps; <bathroom, ventilating> exhaust fans; room heaters namely <specify i.e. portable electric space heaters>; combinations in a common housing of such exhaust fans, and room heaters, and accessories therefor, namely, speed control switches and time switches<indefinite, must clarify what the goods are>; electric lighting fixtures; hood ventilators and grille hoods and parts thereof, namely, replacement filters; ventilating fans for household use; indoor air quality and ventilation systems comprised of air filters, fans, exchangers, ventilators, and electronic wall controls; central fan integrated ventilation systems comprised of ventilating exhaust fans, air intake ducts with motorized dampers, air handlers, fan cycling controllers, and blowers; balanced ventilation systems comprised of fans, air handlers, motorized dampers, and ventilators for residential and commercial use; ventilation fan accessories, namely, ventilating fans and fan speed controllers for household use, dampers, reducers, size adapter kits for interconnecting differently sized ducts together, electrostatic air filters for domestic use; particulate matter air filters for domestic use; air exchangers for supplying, exhausting, cleaning, purifying, heating, humidifying, dehumidifying, and cooling the air; air filtering installations; power attic ventilators for household use; energy recovery ventilators; heat recovery ventilators; air filters and ventilators to decrease air pollution for domestic use; combination heater-fan-light units; electric fans for home ventilation; ventilating exhaust fans; air supply and intake fans; balanced ventilation systems comprised of supply fans and exhaust fans; inline fans; fitted decorative trim for fans and range hoods; exhaust hoods for kitchens, range hoods, kitchen range ventilator hoods, cooking ventilation hoods; extractor hoods for<specify i..e kitchens>; exhaust fans, heaters, IAQ-Indoor Air Quality-systems comprised of<specify>, voice activation for kitchen range hoods<indefinite, must clarify>, exhaust hoods for kitchens and cooking ventilation hoods; Automatic sensing for kitchen range hoods, exhaust hoods for kitchens and cooking ventilation hoods<indefinite, must clarify>; lighting <indefinite>, PAVs- Powered Attic Ventilators, electric cooktops, gas cooktops; range hoods; downdraft range ventilators; oven, range and stove top ventilating exhaust fans; component parts thereof<indefinite, specify>; ventilating exhaust fans with ceiling lights, bathroom exhaust fans, bathroom exhaust fans with ceiling lights; ventilators for removing cooking and heat source by-products from residential food cooking units; ventilating exhaust fans, parts and accessories thereof, dampers, grilles, duct connectors, hanger bars; lighting system consisting of lights and switches for ventilation exhaust fans; lighting system consisting of lights and switches for range hoods; ventilation exhaust fans; household and bathroom exhaust fans with integrated wireless audio speakers and component parts thereof; exhaust fans and combination exhaust fan/light assemblies automatically controlled by humidity and motion detectors and programmable timers; ventilating fans and fan speed controllers for household use; residential bathroom fans; air vent and integrated grille for use on whole-house HEPA air filtration system; Air vents and integrated vent grilles for whole-house domestic HEPA air filtration systems; ventilating and exhausting hoods including range hoods and parts and accessories included in this class; whole-house ventilators; attic ventilators; exhaust fans with light and/or heater, ductless fans, fan parts and accessories included in this class; heaters and air conditioners; lighting apparatus and parts and accessories included in this class<indefinite, specify accessories>; ventilation installations and their parts, namely circulation covers and exhaust fans; electric lighting apparatus; kitchen extractor hoods and their accessories, namely, plates against spills or splashes, extensions of conduits, couplings and wall and roof caps; fans and air extractors; ventilation combination / air extractors and lights<indefinite, must specify>; fans of bell and bells for grilles and their pieces<indefinite, and does not appear related to the rest of the identification>, namely, replacement filters, fans for the home; walls<indefinite, as walls are not classified in 11, but by material in classes 6, 19, 20>  and wall heaters namely <specify>; fans with motor for the attic and solar fans for the attic; heating appliances and their accessories<indefinite, must specify>; control switches speed and time control switches; ductless fans; fan attachments namely<specify>; heaters <Specify i.e. portable space heaters>; lighting apparatus namely<specify>; parts and fittings for all the aforesaid goods<indefinite, and must be specifically tied to goods>; structural replacement parts for bath fans, range hoods and ventilation equipment, namely, local and central ventilation and filtration systems and integrated heating systems comprising air exchangers, heat exchangers and heat recovery ventilators; bracket and channel track for air filter and energy recovery core placement for use in whole-house HEPA air-filtration system units; electric fans for home ventilation; inline fans;<duplicate> range hoods and parts therefore, namely, BLDC motor, digital control, blower housing and wheel; household and bathroom exhaust fans with integrated wireless audio speakers and component parts thereof<duplicate>; apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes namely<specify the apparatus, or apparatuses, by common commercial name>; exhaust hoods for kitchens; range hoods<duplicate>; kitchen range ventilator hoods; vacuum ventilation sold as a feature on exhaust hoods for kitchens, range hoods, and kitchen range ventilator hoods; electric light bulbs for lighted doorbell push button switches; wall and roof mounted exhaust fans for ducted connection to range hoods; range hoods with exhaust fans and filters; exhaust fans with and without lights, with and without filters; exhaust fans for direct mounting to range hood; wall-mounted fans for inside and outside walls and ceilings; ventilation fan accessories, namely, grilles, dampers, reducers, size adapter kits for interconnecting differently sized ducts together, roof caps, eave caps and wall caps, ducts, and sleeves; ceiling fans with and without lights and accessories therefor, namely, fan blade extension stems, close-up converters and hanger kits for suspending fans at varying distances from the ceiling sold as a unit; roof exhaust fans; attic fans; radiant, forced air and infrared portable space heaters; fan air filters for domestic use; electric portable heaters with and without lights and  with and without ventilation fans; ceiling-mounted and interior and exterior wall-mounted discharge, exhaust and ventilation fans; roof-mounted discharge, exhaust and ventilation fans; gable fans and automatic gable louvers; whole-house ventilation fans and louvers therefor; electrical track lighting fixtures and components, namely, track lighting track, covers, floating center track feeders, track pendant adapters and utility hooks, track suspension extenders and couplers, t-bar clips, track supports, track connection adapters; fluorescent lighting fixtures; non-ducted ventilation fans; room-to-room electric fans; bathroom electric lighting fixtures; air-conditioning, air cooling and ventilation apparatus and instruments; furnaces; hvac units; light bulbs which may be controlled remotely; environmental control items; ventilating fans and combination heating and lighting units; household and bathroom exhaust fans with integrated wireless audio speakers and component parts thereof; exhaust fans and combination exhaust fan/light assemblies automatically controlled by humidity and/or motion detectors and/or programmable timers<duplicate>; ventilating exhaust fans, ventilating exhaust fans with ceiling lights, electrical heaters adapted to be built into the walls and the ceilings of rooms, exhaust fans, built in ventilating hoods, radio intercom and music systems<indefinite, and likely class 09 goods>; radiant heaters; outdoor landscape lighting installations for recreational, camping, and commercial use, not for agricultural use; outdoor LED landscape lights that emit insect repellant for recreational, camping, and commercial use for humans and pets, not for agricultural use; fan blades for fan and blower assemblies in heating, ventilating and air conditioning products 

 

Class 16: operation and installation manuals, product data manuals, brochures, trade show backdrops and banners, printed signs, printed advertisement <specify i.e. posters, flyers, brochures, etc.> and print publications namely<specify i.e. magazines, booklets, training manuals, newsletters, white papers, printed presentations, sales and engineering bulletins, > in the field of heat and energy recovery ventilation

 

Class 20:  Non-electric non-metal door chime with and without optical viewer; decorative cabinets with fold-out ironing boards, and accessories therefor, namely, ironing board swivels, sleeve boards, replacement pads for ironing boards; bath cabinets, namely, medicine cabinets and bathroom cabinets 

 

Class 21:  Radio intercommunication systems and equipment namely<specify by common commercial name>; outdoor landscape fixtures consisting of a stake, pole and housing that emit insect repellant for humans and pets; outdoor landscape fixtures consisting of a stake, pole and housing that emit insect repellant for recreational, camping, or commercial use, not for agricultural use; ironing board accessories and replacement parts, namely ironing board swivels, shaped sleeve boards, replacement shaped pads for ironing boards 

 

Class 35:  Advertising communication namely<Specify>; goods exhibition namely<Specify>; organization of commercial and advertising exhibitions; organize business and advertising trade fairs; <electronic, web-based, mail order> catalogue services featuring ventilation systems, namely, bath fans, range hoods, heater/fan light combination units, indoor air quality systems, heaters, whole-house fans, attic ventilators, trash compactors, paddle fans; business administration of a consumer trade loyalty reward program to third parties who sell and install indoor air networks, residential ventilation and air quality products, range hoods, ventilation fans, and air exchangers, intercom systems, built-in electric heaters, fresh air systems, attic ventilators, door chimes, central vacuum systems, ironing centers, and home automation products; operation and installation manuals, product data manuals, brochures, trade show backdrops and banners, signs, advertisements and print publications in the field of heat and energy recovery ventilation, namely, posters, flyers, booklets, magazines, training manuals, educational pieces for representatives, newsletters; operation of an Internet website offering information in the field of ventilation; online advertising; operation and installation manuals, product data manuals, brochures, trade show backdrops and banners, signs, advertisements and print publications in the field of heat and energy recovery ventilation, namely, posters, flyers, booklets, magazines, training manuals, educational pieces for representatives, namely, white papers, presentations, sales and engineering bulletins, brochures, product data manuals, installation and maintenance manuals, newsletters, electronic publications in the field of heat and energy recovery ventilation 

 

Class 40:  Custom manufacture of ventilation systems, namely, bath fans, range hoods, heater/fan light combination units, indoor air quality systems, heaters, whole-house fans, attic ventilators

 

Class 41: Online non-downloadable electronic publications namely <specify i.e. ebooks, etc.> in the field of heat and energy recovery ventilation 

           

Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Generally, any deleted goods and/or services 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.

 

Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration.

 

The application identifies goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):

 

(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).  The application identifies goods and/or services that are classified in at least ten classes; however, applicant submitted a fee(s) sufficient for only eight class(es).  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.

 

Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration.

 

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  

 

If the applicant has any questions or needs assistance regarding this action, please telephone the assigned examining attorney.

 

/FrankLattuca/

Frank Lattuca

Examiing Attorney

Law Office 109

(571) 270-1518

Frank.Lattuca@uspto.gov

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on September 10, 2019 for

U.S. Trademark Application Serial No. 88494219

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

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

 

 

/FrankLattuca/

Frank Lattuca

Examiing Attorney

Law Office 109

(571) 270-1518

Frank.Lattuca@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).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from September 10, 2019, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond.

 

 

 

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.”