To: | Sentons Inc. (trademarks@cooley.com) |
Subject: | U.S. Trademark Application Serial No. 88527454 - ULTRAWAVE - 315800-20000 |
Sent: | October 18, 2019 08:55:51 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. 88527454
Mark: ULTRAWAVE
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Correspondence Address: |
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Applicant: Sentons Inc.
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Reference/Docket No. 315800-20000
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 18, 2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues 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).
SUMMARY OF ISSUES:
IDENTIFICATION OF GOODS AMENDMENT REQUIRED
The USPTO’s rules and policies with respect to identifications of goods are updated periodically to reflect changes in the marketplace and technology as well as changes to the international classification system. See TMEP §1402.14. For guidance on drafting acceptable identifications of goods, use the USPTO’s online U.S. Acceptable Identification of Goods and Services Manual (ID Manual), which is continually updated in accordance with prevailing rules and policies. See TMEP §1402.04.
Specifically, the identification of goods “automation systems comprising wireless and wired controllers, controlled devices, and software for lighting, security, safety and other home and office monitoring and control applications” is no longer acceptable because it does not specify if the software is downloadable. Additionally, the identification must specify the particular home and office monitoring and control applications the automation systems comprise. Furthermore, the identification must specify the particular type of automation system (e.g. home and office automation systems). Therefore, the identification must be amended for clarity.
Applicant may substitute the following wording, if accurate:
IC 009: Semiconductors, integrated circuits, microprocessors, and touch {specify nature of sensors, e.g., touch screen} sensors and {specify nature of modules, e.g., memory} modules for force or touch recognition and for force or touch activation of computer software applications and firmware based computer interaction; touch screens; touch panels; computer mice, namely, touchpads; computer keyboards and computer keyboard controllers; {specify nature of automation systems, e.g., home and office} automation systems comprised of wireless and wired controllers, controlled devices, and downloadable software for lighting, security, safety and other home and office monitoring and control applications, namely, {specify other monitoring and control devices}; touch-controlled computer hardware and touch-controlled computer peripherals; touch screen and touch sensor components, namely, electronic touch sensitive switches and user touch screen interfaces for electrotechnical and electronic devices, including gaming apparatus, for sensing touch and variable levels of force input from a wide range of input methods
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.
RESPONSE GUIDELINES
For this application to proceed, applicant must explicitly address each 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.
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
Rebecca Coughlan
/Rebecca D. Coughlan/
Trademark Examining Attorney, Law Office 113
Phone: 571-272-4975
Email: rebecca.coughlan@uspto.gov
RESPONSE GUIDANCE