To: | HIGHLAND PRECISION AGRICULTURE, LLC (Stephen.kelly@hwhlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88577970 - SOTERIA - 15574.11 |
Sent: | November 13, 2019 06:31:11 PM |
Sent As: | ecom117@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88577970
Mark: SOTERIA
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Correspondence Address: |
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Applicant: HIGHLAND PRECISION AGRICULTURE, LLC
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Reference/Docket No. 15574.11
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 13, 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.
NO CONFLICTING 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).
RECITATION OF SERVICES IS INDEFINITE
The examining attorney is concerned with the second part of the recitation, specifically “Agricultural services, namely, assisting agricultural professionals with management, audits, and compliance of food safety programs.” The applicant needs to be more specific and needs to classify each service accordingly.
The following amendments are suggested with respect to this part of the identification, if accurate:
“Business management consulting and business advisory services provided to agricultural professionals, in International Class 35.”
“Food safety testing and consultation thereto, in International Class 42.”
“Food safety consultation, in International Class 45.”
Please note that the reminder of the recitation is acceptable as submitted in International Class 42. The examining attorney is referring to “Providing temporary use of non-downloadable computer software applications for use with mobile phones, tablet computers, mobile telecommunication devices, and personal computers, namely, software for assisting agricultural professionals with management, audits, and compliance of food safety programs.”
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.
MAY NOT EXPAND THE RECITATION
ADDITIONAL MONEY IS NEEDED
Therefore, applicant must either (1) restrict the application to the number of classes covered by the fees already paid, or (2) submit the fees for each additional class.
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.
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
/Blandu, Florentina/
Examining Attorney
U.S. Patent & Trademark Office
L.O.117
Florentina.Blandu@uspto.gov
Tel 571-272-9128
Fax 571-273-9128
RESPONSE GUIDANCE