To: | Performance Fabrics, Inc. (amy@thomasmellemalaw.com) |
Subject: | U.S. Trademark Application Serial No. 88536977 - HEXARMOR - N/A |
Sent: | October 23, 2019 08:55:32 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. 88536977
Mark: HEXARMOR
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Correspondence Address:
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Applicant: Performance Fabrics, Inc.
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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 23, 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.
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
Applicant may substitute the following wording, if accurate:
Class 6: Stay ropes, namely, metal ropes
Class 9: Fall-prevention apparatus for workers not for athletic performance, namely, safety nets, safety tarpaulins; safety signals in the form of luminous or mechanical signaling systems, namely, (specify the components of the system, e.g. luminous or mechanical road signs); mechanical safety signs; support belts for workers, namely, restraining belts integrated into safety clothing for workers; support belts for workers, namely, safety belts integrated into safety clothing for workers; support belts for workers, namely, seat belts integrated into safety clothing for workers; reflective safety vests; safety life jackets; stay ropes, namely, fall restraint and fall arrest lines; fall protection equipment for fall restraint and fall arrest, namely, energy absorbers for fall-prevention apparatus, fall limiters, lanyard lifelines, safety lines, fall arresters for safety equipment
Class 10: Ear plugs for noise reduction, not for athletic performance; hearing protectors without the ability to reproduce or transmit sound; hearing protectors without the ability to reproduce or transmit sound for noise reduction; noise protecting ear caps, namely, ear plugs for noise reduction
Class 12: Safety belts for vehicle seats; safety belts for vehicle seat with integrated shock absorbers;
Class 22: Stay ropes, namely, ropes
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.
MULTIPLE CLASS APPLICATION
(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 and/or services based on use in commerce that are classified in at least 5 classes; however, applicant submitted a fee(s) sufficient for only 2 classes. 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. See more information about verified dates of use.
(4) Submit a specimen for each international class. The current specimen is acceptable for class(es) 9 and 10; and applicant needs a specimen for class(es) 6, 12 and 22. 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 and/or services 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) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
How to respond. Click to file a response to this nonfinal Office action
/Jennifer M. Martin/
Jennifer M. Martin
Examining Attorney
Law Office 116
(571) 272-9193
Jennifer.Martin@uspto.gov
RESPONSE GUIDANCE