To: | NUC Electronics Co., Ltd. (USTM.docketing@SeedIP.com) |
Subject: | U.S. Trademark Application Serial No. 88540449 - EVO - 700157.212 |
Sent: | October 21, 2019 03:02:18 PM |
Sent As: | ecom103@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88540449
Mark: EVO
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Correspondence Address: |
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Applicant: NUC Electronics Co., Ltd.
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Reference/Docket No. 700157.212
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 21, 2019
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).
Applicant must respond to the refusal and requirement(s) set forth below.
FOREIGN REGISTRATION NOT FROM COUNTRY OF ORIGIN
To obtain registration under Section 44(e), an applicant must be the owner of a valid registration from the applicant’s country of origin. 15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii); TMEP §1002.01. Under Section 44(c), “country of origin” is defined as the country in which an applicant (1) is domiciled, (2) has a bona fide and effective industrial or commercial establishment, or (3) is a national. 15 U.S.C. §1126(c); TMEP §1002.04.
Because applicant is domiciled, incorporated, or organized in a country different from the country that issued the foreign registration, applicant must establish that, as of the date of issuance of the foreign registration, the country that issued the foreign registration is also applicant’s country of origin. See 15 U.S.C. §1126(c); TMEP §1002.04.
Thus, to overcome this refusal, applicant may provide the following written statement for the record: “Applicant has had a bona fide and effective industrial or commercial establishment in the European Union as of the date of issuance of the foreign registration.” TMEP §1002.04. If applicant cannot assert that such country is a country of origin, applicant may delete the Section 44(e) basis and substitute Section 1(a) or 1(b), if applicant can satisfy all the requirements for the new basis. See 15 U.S.C. §§1051(a)-(b), 1126(e); 37 C.F.R. §2.35(b); TMEP §§806.03, 1002.01.
The wording “Food preparation machines, electromechanical” in the identification of goods is indefinite and must be amended to specify the particular type of machine. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must amend this wording to specify the common commercial or generic name of the goods. See 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.
The wording “Electric squeezer for household purposes” and “Electric blender for household purposes” in the identification of goods are indefinite and must be amended to clarify what the goods are intended to squeeze and blend. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The various extractors must be amended to further clarify the use of these extractors.
Applicant may adopt the following identification of goods, if accurate:
Electrical squeezers for fruit and vegetable; Dough kneading machines for household purposes; Coffee grinders, other than hand-operated and not for household purposes); Electric food processors (other than for household purposes); Electric fruit presses (other than for
household purposes); Food preparation machines, electromechanical, namely, electric food processors; Electrical coffee grinders; Coffee extracting machines; Vacuum packing
machines for food; Packing machines under vacuum; Electric low-speed juicer for household purposes; Electric mixers for household purposes; Electric food blenders; Electric fruit presses for
household use; Electric fruit and vegetable squeezer for household purposes; Electric food blender for household purposes; Electric vegetable compressors
for household purposes; Electric juice extractors for household use equipped with a non-medical body composition analyzer; Electric juice extractors
equipped with a non-medical body composition analyzer (other than for household purposes); Electric food processors for household purposes equipped with a non-medical body composition
analyzer; Electric food blenders for kitchen use equipped with a non-medical body fat analyzer; Electric mixers for household use equipped with a non-medical body fat analyzer;
Electric food blenders equipped with a body composition analyzer (other than for household purposes); Food preparation machines, electromechanical, , namely, electric food
processors equipped with a body composition analyzer
Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted goods and/or services may not later be reinserted. See TMEP §1402.07(e).
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.
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
/Laura Golden/
/Laura Golden/
Examining Attorney
Law Office 103
(571) 272-3928
laura.golden@uspto.gov
RESPONSE GUIDANCE