To: | W&H Systems, Inc. (docket@b2iplaw.com) |
Subject: | U.S. Trademark Application Serial No. 88523854 - SHIRAZ - 01293-0019 |
Sent: | January 17, 2020 11:38:11 AM |
Sent As: | ecom113@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88523854
Mark: SHIRAZ
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Correspondence Address: |
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Applicant: W&H Systems, Inc.
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Reference/Docket No. 01293-0019
Correspondence Email Address: |
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COMBINED EXAMINER’S AMENDMENT/PRIORITY ACTION 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: January 17, 2020
Applicant must address issues shown below. On January 17, 2020, the examining attorney and Daniel Hegner, Esq. discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.
Specimen Refusal – Advertising Material – Maintained and Continued
For the reasons stated in the October 16, 2019 Office action, the specimen is refused because it is mere advertising material for goods.
Application has been amended as shown below. As agreed to by the individual identified in the Priority Action section, the examining attorney has amended the application as shown below. Please notify the examining attorney immediately of any objections. TMEP §707. In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted. 37 C.F.R. §2.71(a).
Identification of Goods Amended
The identification of goods is amended to read as follows:
Class 09 - Material handling equipment, namely, computer hardware and recorded software for configuring and controlling the automation of roller conveyors, overhead conveyors, slat-shoe conveyors, rollerless conveyors, slider bed conveyors, tilt tray conveyors, circular conveyors, multi-stage conveyors, merge conveyors, sortation systems, mezzanines, pallet stations, rolling carts, employee work stations, lifts, turntables, and hoists; Material handling recorded software for facilitating communication with a warehouse management system software, for receiving customer orders thereby, and for controlling material handling equipment based on the customer orders.
See TMEP §§1402.01, 1402.01(e).
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.
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.
If applicant has any questions or needs further assistance, please telephone the assigned examining attorney.
How to respond. Click to file a response to this nonfinal Office action.
/John T. Billings/
Examining Attorney
Law Office 113
(571) 272-0186
john.billings@uspto.gov
RESPONSE GUIDANCE