To: | BELL EQUIPMENT LIMITED (nyustmp@ladas.com) |
Subject: | U.S. Trademark Application Serial No. 88576688 - BELL - 1T19718086 |
Sent: | November 19, 2019 05:09:31 PM |
Sent As: | ecom126@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88576688
Mark: BELL
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Correspondence Address:
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Applicant: BELL EQUIPMENT LIMITED
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Reference/Docket No. 1T19718086
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 19, 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).
However, applicant must address the following.
· Clarification of the Identification of Goods in Class 007
· Multi-class Application Advisory and Requirements
CLARIFICATION OF THE IDENTIFICATION OF GOODS IN CLASS 007
THIS PARTIAL REQUIREMENT APPLIES TO CLASS 007 ONLY
The identification of goods in Class 012 is acceptable as written.
The wording “agricultural machinery”, “machinery for mining, construction and forestry industries”, “materials-handling machinery”, “backhoe”, and “excavator” in the identification of goods in Class 007 is indefinite and must be clarified to specify the nature of the goods. 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.
Additionally, applicant must clarify the wording “forklifts” and “rollers” in the identification of goods in Class 007 because it is indefinite and too broad. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. This wording is indefinite because it does not make clear the nature of the goods. Further, this wording could identify goods in more than one international class. For example, “power-operated lifting and moving equipment, namely forklifts” are in Class 007, “forklift trucks” are in Class 012, “rollers in the nature of tractor towed agricultural implements” are in Class 007, “lawn rollers in the nature of lawn maintenance equipment” are in Class 008, and “physical therapy equipment in the nature of foam rollers” are in Class 010. Based on the applicant’s specimen, website, and the other goods listed in the application, it is likely that the applicant’s “forklifts” and “rollers” are in the nature of machinery in Class 007.
Applicant may adopt the following identification of goods, if accurate. Suggested edits are in bold and comments requiring attention are in bold italics.
· Class 007: Agricultural machinery, namely, {specify type by common commercial name, e.g., tillers, combines, etc.}; machinery for mining, construction and forestry industries, namely, {specify type by common commercial name, e.g., mining borers, truck mills, knuckleboom log loaders, etc.}; materials-handling machinery, namely, {specify type by common commercial name, e.g., palletizers, cargo handling machines, etc.}; lifting and moving equipment, namely, power-operated forklifts, backhoes in the nature of machines for moving Earth, hydraulic excavators, rollers in the nature of tractor towed agricultural implements
· Class 012: Tractors; dump trucks; timber trucks; fork lift trucks; structural repair parts for trucks and tractors
If applicant adds international classes, applicant must comply with the multiple-class requirements specified in this Office action below.
Scope Advisory
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.
MULTI-CLASS APPLICATION ADVISORY AND 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 003: perfume; International Class 018: cosmetic bags sold empty).
(2) Submit a filing fee for each international class not covered by the fee already paid (view the USPTO’s current fee schedule). Specifically, the application identifies goods based on use in commerce that are classified in more than two classes; however, applicant submitted a fee sufficient for only two classes. 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 Classes 007 and 012; and applicant needs a specimen for any added classes. 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.
(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.
Fee Advisory
The fee for adding classes to a TEAS Reduced Fee (RF) application is $275 per class. See 37 C.F.R. §§2.6(a)(1)(iii), 2.23(a). See more information regarding the requirements for maintaining the lower TEAS RF fee and, if these requirements are not satisfied, for adding classes at a higher fee using regular TEAS.
ASSISTANCE
Applicant is encouraged to call or email the assigned attorney below to resolve the issues in this 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.
How to respond. Click to file a response to this nonfinal Office action
/Julie H. Choe/
Trademark Examining Attorney
United States Patent and Trademark Office
Law Office 126
(571) 270-3368
julie.choe@uspto.gov
RESPONSE GUIDANCE