To: | Revive Electronics (dallastrademarks@bakermckenzie.com) |
Subject: | U.S. Trademark Application Serial No. 88564107 - REDUX - 50635195 |
Sent: | November 01, 2019 07:17:19 AM |
Sent As: | ecom115@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88564107
Mark: REDUX
|
|
Correspondence Address:
|
|
Applicant: Revive Electronics
|
|
Reference/Docket No. 50635195
Correspondence Email Address: |
|
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 01, 2019
Search Results
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).
Clarification of Identification and Classification of Goods and Services Required
Applicant must clarify the wording “Equipment for drying, desiccation, and disinfection of audiology apparatus, hearing aids, cochlear implants, medical implants, medical electronic apparatus, wearable activity trackers, wearable digital electronic devices, and portable electronic devices” because it is indefinite and too broad. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. Disinfecting wipes are in International Class 5, appliances for drying, desiccation and disinfection are in International Class 11, drying racks are in International Class 21, drying towels are in International Class 24.
Sample Amended Identification
A sample amended identification is set forth below, which applicant may adopt, if accurate to describe applicant’s goods and/or services. Wording in italic type represents items in the identification that require clarification. Bold italic type indicates changes to applicant’s original identification. Strikethrough marking indicates wording that must be deleted. Wording in [brackets] following a
fill in the blank provides guidance and examples of acceptable amendments. For example, if the original identification is “clothing,” and the
suggestion is “clothing, namely, ____ [specify items in this class, e.g., shirts, pants and coats]”, applicant may amend the identification to “clothing,
namely, shirts, pants and coats” in the response to the office action.
International Class 5: Equipment, namely, ____ [specify type of equipment in this class, e.g., disinfecting wipes], for disinfecting audiology apparatus, hearing aids, cochlear implants, medical implants, medical electronic apparatus, wearable activity trackers, wearable digital electronic devices, and portable electronic devices
International Class 11: Equipment, namely, ____ [specify type of equipment in this class, e.g., electronic device] for drying, desiccation, and disinfection of audiology apparatus, hearing aids, cochlear implants, medical implants, medical electronic apparatus, wearable activity trackers, wearable digital electronic devices, and portable electronic devices
International Class 21: Equipment, namely, ____ [specify type of equipment in this class, e.g., drying racks], for drying audiology apparatus, hearing aids, cochlear implants, medical implants, medical electronic apparatus, wearable activity trackers, wearable digital electronic devices, and portable electronic devices
International Class 24: Equipment, namely, ____ [specify type of equipment in this class, e.g., towels], for drying audiology apparatus, hearing aids, cochlear implants, medical implants, medical electronic apparatus, wearable activity trackers, wearable digital electronic devices, and portable electronic devices
International Class 37: Rescue and recovery services, namely, drying, desiccation, and disinfection of audiology apparatus, hearing aids, cochlear implants, medical implants, medical electronic apparatus, wearable activity trackers, wearable digital electronic devices, and portable electronic devices following exposure to excessive amounts of liquid
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.
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).
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 (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 five classes; however, applicant submitted a fee(s) sufficient for only two class(es). 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 International Classes 11 and 37 only. 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.
Examples of specimens for services include advertising and marketing materials, brochures, photographs of business signage and billboards, and website printouts that show the mark used in the actual sale, rendering, or advertising of the services.
(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.
Response Information
Link to response form: Click to file a response to this nonfinal Office action
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.
/April Roach/
April Roach
Examining Attorney
Law Office 115
571-272-1092
April.Roach@uspto.gov
RESPONSE GUIDANCE