To: | Tesseract Ventures, LLC (ekdkdocket@kcpatentlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88572839 - MAGICPIN - 1210.012 |
Sent: | November 18, 2019 02:45:40 PM |
Sent As: | ecom109@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88572839
Mark: MAGICPIN
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Correspondence Address: 8900 STATE LINE ROAD, STE. 500
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Applicant: Tesseract Ventures, LLC
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Reference/Docket No. 1210.012
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: November 18, 2019
The above referenced file was withdrawn from publication because the Commissioner’s Office has determined the following.
Identification of Goods
The identification of goods is unacceptable as indefinite because "wearable robots for controlling hardware and software locally and remotely" is ambiguous and potentially misclassified because it does not clarify the function of the hardware and/or software.
Effective January 1, 2018, as general rule, robots are classified based on their function under the Nice Classification, 11th edition, version 2018 (Nice 11-2018). For example, "industrial robots" are classified in Class 7 (as "machines"), "teaching robots" are classified in Class 9 (as "teaching apparatus"), "surgical robots" are classified in Class 10, and "toy robots" are classified in Class 28. The exception to the general rule is "humanoid robots with artificial intelligence," which are classified in Class 9 regardless of the intended use or purpose.
The applicant may amend as follows:
International Class 7: “industrial robots”
International Class 9: “laboratory robots”
International Class 10: “surgical robots”
International Class 28: “smart robot toys
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
/Stephanie Davis Ali/
Trademark Examining Attorney
Law Office 109
571-272-9272 (direct phone)
stephanie.ali@uspto.gov
RESPONSE GUIDANCE