To: | Clarke Mosquito Control Products, Inc. (chiipdocket@michaelbest.com) |
Subject: | U.S. Trademark Application Serial No. 88549505 - GIVE WATER LIFE - 025416-9203 |
Sent: | October 25, 2019 12:50:27 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. 88549505
Mark: GIVE WATER LIFE
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Correspondence Address: 444 W. LAKE STREET, SUITE 3200
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Applicant: Clarke Mosquito Control Products, Inc.
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Reference/Docket No. 025416-9203
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 25, 2019
INTRODUCTION
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).
- Classification and Identification of Services
- Multiple-Class Application Requirements
CLASSIFICATION AND IDENTIFICATION OF SERVICES
Applicant provides “Environmental remediation services, namely, aquatic management and treatment services; water quality control and monitoring services; aquatic weed and algae control” in class 42.
“Environmental remediation services” (generally, treatment services) are in class 40. The wording “aquatic management” is unclear and the type or nature of the services must be specified, so language has been suggested to be consistent with treatment services in class 40.
Generally, water treatment services are in class 40 (e.g., continuous biological water treatment services, biological waste water treatment services, waste water treatment services, water treatment services, water treatment and purification, etc. are all in class 40), so this must be classified accordingly.
Also quality control is generally found in class 42, so “water quality control” and “monitoring of water quality” may remain in class 42.
Applicant’s services for “aquatic weed and algae control” is also indefinite and cannot be properly classified without additional clarification. For example, if applicant is providing maintenance services, this may be in class 37; water treatment services are in class 40; or if providing quality control services, this is in class 42. Please note, applicant must provide additional amendments in order to clarify not only the type and nature of its services, but also to help determine proper classification of the services.
Applicant may adopt the following wording, if accurate:
Class 37: aquatic weed and algae control, namely, pond and lake maintenance
Class 40: Environmental remediation services through aquatic management and treatment services, namely, treatment of water; aquatic weed and algae control in the nature of water treatment services
Class 42: water quality control and monitoring services
Multiple-Class Application Advisory. Please note, if applicant includes additional classes in response to this requirement, applicant must also comply with the multiple-class application requirements provided herein.
ID Manual. 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 REQUIREMENTS
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least 3 classes; however, applicant submitted a fee(s) sufficient for only 1 class(es). Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
Response guidelines. 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.
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
/Jeane Yoo/
Jeane Yoo
Examining Attorney
Law Office 120
(571) 272-5021
Jeane.Yoo@uspto.gov
RESPONSE GUIDANCE