To: | FMC Technologies, Inc. (hquery@hqpatentlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88589197 - DEEP PURPLE - FMCE-T069 US |
Sent: | September 17, 2019 07:14:30 PM |
Sent As: | ecom116@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88589197
Mark: DEEP PURPLE
|
|
Correspondence Address: |
|
Applicant: FMC Technologies, Inc.
|
|
Reference/Docket No. FMCE-T069 US
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: September 17, 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.
Summary of Issues that the Applicant Must Address
1) Amended Identification of Goods is Required
2) Requirements for a Multiple-Class Application
3) Significance of the Wording in the Mark is Required
AMENDED IDENTIFICATION OF GOODS IS REQUIRED
A. International Class 7
Applicant must clarify the goods by (1) describing the nature, purpose, or use of the system; and (2) listing the system’s parts or components, using common generic terms and referencing the primary parts or components of the system first. See 37 C.F.R. §2.32(a)(6); TMEP §§1401.05(d), 1402.01, 1402.03(a). Additionally, this wording should be classified in the same international class as the primary parts or components of the system. See TMEP §1401.05(d).
B. International Class 9
The goods identified in this class are acceptable as worded.
C. International Class 11
The wording “hydrogen storage tanks” in the identification of goods for International Class 11 must be clarified because it is too broad and could include goods in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. In particular, this wording could encompass “metal hydrogen storage tanks” classified in International Class 6, “mobile hydrogen storage tanks” in International Class 12, and/or “hydrogen storage tanks of masonry” in International Class 19.
The applicant may adopt the following amended identification of goods, if accurate:
International Class 6: Metal hydrogen storage tanks.
International Class 7: Offshore wind-powered electrolysis and seabed hydrogen storage systems comprised primarily of {please specify the system’s parts or components in common generic terms and reference the primary parts or components of the system classified in International Class 7 first}; wind turbines.
International Class 9: Fuel cells.
International Class 11: Hydrogen generators.
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.
REQUIREMENTS FOR A MULTIPLE-CLASS APPLICATION
(1) List the goods 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(s) already paid (view the USPTO’s current fee schedule). The application identifies goods that are classified in at least 4 classes; however, applicant submitted a fee(s) sufficient for only 3 class(es). 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.
SIGNIFICANCE OF THE WORDING IN THE MARK IS REQUIRED
ASSISTANCE
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).
RESPONSE TO 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
/Tina L Snapp/
Examining Attorney
Law Office 116
571-272-9224
Informal Email Tina.Snapp@uspto.gov
RESPONSE GUIDANCE