To: | Valvoline Licensing and Intellectual Pro ETC. (ksmith@whe-law.com) |
Subject: | U.S. Trademark Application Serial No. 88498124 - VALVOLINE - VOC270128 |
Sent: | October 30, 2019 09:11:10 PM |
Sent As: | ecom116@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88498124
Mark: VALVOLINE
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Correspondence Address: |
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Applicant: Valvoline Licensing and Intellectual Pro ETC.
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Reference/Docket No. VOC270128
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: October 30, 2019
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.
This particular application was queried prior to publication for opposition in the Official Gazette of the United States Patent and Trademark Office. The examining attorney has been directed to make the following requirement(s) and/or refusal(s).
The assigned examining attorney has reviewed the referenced application and determined the following.
SEARCH OF OFFICE RECORDS
The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
INFORMALITY
Applicant must respond to the following informality:
Identification of Goods
The wording “solar powered battery chargers and attachments” in the identification of goods is indefinite and must be clarified because the attachments must be further specified. See TMEP §1402.01. Applicant may substitute the following wording, if accurate: “solar powered battery chargers and attachments, namely, [applicant must specify the goods by their common commercial names].”
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.
Partial Abandonment Advisory
If applicant should fail to respond to this Office action within the six month time limit, then the following goods and/or services will be deleted from the application: solar powered battery chargers and attachments. The application will then proceed forward for the remaining goods only. 37 C.F.R. §2.65(a).
Applicant’s Response
Guidelines for responding are set forth below.
PLEASE NOTE: Applicant is encouraged to respond to the issue raised above via informal email.
/wgb/
William Breckenfeld
Examining Attorney
Law Office 116
571-272-9133
Email: william.breckenfeld@uspto.gov
(informal queries
RESPONSE GUIDANCE