To: | The Noco Company (dctrademarks@dlapiper.com) |
Subject: | U.S. Trademark Application Serial No. 88523643 - NOCO - N/A |
Sent: | October 09, 2019 03:01:10 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. 88523643
Mark: NOCO
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Correspondence Address:
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Applicant: The Noco Company
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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: October 09, 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).
AMENDED IDENTIFICATION AND CLASSIFICATION OF GOODS REQUIRED
The wording “battery terminal protectors”, “battery clamps”, “electrical power ports”, and “charge controllers” in the identification of goods is indefinite and must be clarified to specify the common commercial or generic name of the goods. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. If the goods have no common commercial or generic name, applicant must describe the product, its main purpose, and its intended uses. See id.
Applicant must clarify the wording “solar panels” in the identification of goods in International Class 9 because it is indefinite and too broad. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. This wording is indefinite because it does not make clear what the goods are. Further, this wording could identify goods in more than one international class. For example, “solar panels for production of electricity” are in Class 9, and “solar heat collection panels” are in Class 11.
Applicant may adopt the following identification and classification of goods, if accurate:
Class 2: battery corrosion prevention brushes being {specify common commercial name, e.g., brush-on anti-corrosive coatings} and sprays being {specify common commercial name, e.g., spray-on anti-corrosive coatings}
Class 3: chemical cleaning compounds for use on glass and automotive parts
Class 7: compressed air pumps for industrial use; air compressors; lithium powered air compressors; compressed air pumps; electric generators
Class 8: hand-operated air pumps
Class 9: battery chargers; battery jump starters; power battery packs; battery terminal protectors in the nature of {specify common commercial name, e.g., electrical terminal blocks}; battery terminal connector clamps; electrical cords; electrical power ports, namely, {specify common commercial name, e.g., power access port for use with electrical control panels for connecting multiple data and electrical devices}; solar battery chargers; solar panels for production of electricity; inverters; converters; charge controllers being {specify common commercial name, e.g., voltage regulators}; lithium-ion batteries; power supplies; power switches
Class 11: solar heat collection panels
Class 12: tire pumps; tire inflators; lithium powered tire inflators; lithium powered air pumps for automobiles and motorcycles; air pumps for automobiles; air pumps for two-wheeled motor vehicles or bicycles; air pumps for automobiles
For assistance with identifying and classifying goods 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 (for example, International Class 3: perfume; International Class 18: cosmetic bags sold empty).
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). Specifically, the application identifies goods based on use in commerce that are classified in at least 7 classes; however, applicant submitted a fee(s) sufficient for only 5 class(es). Applicant must either (a) submit the filing fees for the classes not covered by the submitted fees or (b) restrict the application to the number of classes covered by the fees already paid.
(3) Submit verified dates of first use of the mark anywhere and in commerce for each international class that is based on use in commerce. See more information about verified dates of use.
(4) Submit a specimen for each international class that is based on use in commerce. The current specimen is acceptable for classes 2, 3, and 9; and applicant needs a specimen for classes 8 and 11. See more information about specimens.
Examples of specimens for goods include tags, labels, instruction manuals, containers, and photographs that show the mark on the actual goods or packaging, or displays associated with the actual goods at their point of sale. Webpages may also be specimens for goods when they include a picture or textual description of the goods associated with the mark and the means to order the goods.
(5) Submit a verified statement that “The specimen was in use in commerce on or in connection with the goods listed in the application at least as early as the filing date of the application.” See more information about verification.
See 15 U.S.C. §§1051(a), 1112; 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(1), 2.86(a); TMEP §§904, 1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(a) and Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
The fee for adding classes to a TEAS Reduced Fee (RF) application is $275 per class. See 37 C.F.R. §§2.6(a)(1)(iii), 2.23(a). See more information regarding the requirements for maintaining the lower TEAS RF fee and, if these requirements are not satisfied, for adding classes at a higher fee using regular TEAS.
If applicant has questions regarding this Office action, please call or email the assigned trademark examining attorney. 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. 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
/Katerina D. Sparer/
Examining Attorney, Law Office 120
United States Patent and Trademark Office
katerina.sparer@uspto.gov
(571) 272-4542
RESPONSE GUIDANCE