Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

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:  November 05, 2019

 

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue(s) 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 and Classification of Goods and Services
• Multiple-Class Application Requirements
• Response Guidelines

 

I.                   IDENTIFICATION AND CLASSIFICATION OF GOODS & SERVICES

 

Some of the wording in the identification of goods and services is indefinite and must be clarified.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Specifically, with respect to Class 12, applicant must clarify the nature of the “structural parts for all of the foregoing,” item in the middle of the clause. Applicant must also state the type of aeronautical goods in Class 12, and indicate the type of air vehicles and electric vehicles. 

 

With respect to Class 39, applicant must clarify several of the items, as noted below, to make clear the nature of the services as a delivery/transportation service for proper classification in Class 39.  There also appears to be a duplicate entry that must be clarified or removed.

 

Applicant must clarify the nature of the “providing online services” to clarify the nature of those services.  It also appears that the “membership-based” services and transportation logistics services are misclassified and should be classified in Class 35.

 

Applicant may adopt the following identification, if accurate:

 

Class 12:

 

Drones; unmanned aerial vehicles (UAVs); Aircraft and helicopters, and structural parts therefor; Aircraft incorporating artificial intelligence; Aircraft, namely, vertical lift aircraft; Aircraft, namely, vertical lift aircraft incorporating artificial intelligence; Unmanned aerial vehicles (UAVs) incorporating artificial intelligence; Structural parts for {further clarify to make clear the “foregoing” since this is in the middle of a list, or add structural parts to the foregoing items} all of the foregoing; aeronautical apparatus, machines and appliances, namely, {further clarify in Class 12; some aeronautical items are in Class 7 or 9}; aeroplanes; air vehicles, namely, {specify the type of vehicle}; airships, dirigible balloons; Camera drones, photography drones; civilian drones; delivery drones; driverless cars, self-driving cars; forklift trucks; gyrocopters; luggage carriers for vehicles; military vehicles for transport; military drones; pet strollers; refrigerated vehicles; robotic cars; ships; space vehicles; tow trucks, wreckers for transport; tractors; trailers; trolleys, Trolleys in the nature of hand cars; undercarriages for vehicles; electric vehicles, namely, {indicate specific type of vehicle}

 

(Add Class) Class 35:

 

Transportation logistics services, arranging the transportation of goods for others

 

Class 39:

 

Parcel delivery services by using drones; {further clarify as a taxi transport service or whether this is a type of delivery service} taxi transport services in the nature of air taxi services; {further clarify as a taxi transport service or whether this is a type of delivery service} taxi transport services in the nature of air taxi services incorporating artificial intelligence; {further clarify as a taxi transport service or whether this is a type of delivery service} taxi transport services in the nature of air taxi services utilizing aircraft incorporating artificial intelligence; transport of goods; packaging and storage of goods; shipping, delivery, and storage of goods; providing a website featuring information in the field of transportation; {duplicate} shipping, delivery, and storage of goods; freight transportation by means of truck, train and air; goods warehousing; packaging articles for transportation; merchandise packaging for others; rental of storage containers; mailbox rental; {further clarify nature of service in Class 39, e.g., transport reservations services in the nature of} locating and arranging for reservations for storage space for others; courier services; messenger services; distribution services, namely, {further clarify nature of services, “online services” is overly broad and it is unclear the nature of the Class 39 transportation/delivery service; please note that transportation logistics services is in Class 35} providing online services which afford customers the ability to select a distribution point for goods purchased on the Internet; {further clarify; may be in Class 35; group purchasing programs, loyalty programs are in Class 35} membership-based truck, train, and air shipping programs; air transport; aircraft rental; delivery of goods; delivery of newspapers, newspaper delivery; delivery of goods by mail order; freight services; freighting services; launching of satellites for others; message delivery; railway transport; {further clarify} rescue operations, namely, rescue services; {specify type, e.g., vehicle towing, marine towing} towing; transportation information; {misclassified Class 35} transportation logistics; unloading cargo

 

Applicant may amend the identification to clarify or limit the goods and services, but not to broaden or expand the goods and 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 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.

 

II.                MULTIPLE-CLASS APPLICATION REQUIREMENTS

 

The application identifies goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):

 

(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 already paid (view the USPTO’s current fee schedule).  The application identifies goods and/or services that are classified in at least three classes; however, applicant submitted a fees sufficient for only two classes.  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.

 

III.               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.

 

Please call or email the assigned trademark examining attorney with questions about this Office action.  Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the refusal(s) and/or requirement(s) in this Office action.  See TMEP §§705.02, 709.06.  Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. 

 

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  

 

 

/Amer Raja/

Amer Raja

Examining Attorney

Law Office 121

(571) 270 5936

amer.raja@uspto.gov

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on November 05, 2019 for

U.S. Trademark Application Serial No. 88559322

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

/Amer Raja/

Amer Raja

Examining Attorney

Law Office 121

(571) 270 5936

amer.raja@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from November 05, 2019, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond.

 

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”