To: | True Value Company, L.L.C. (dockmpls@merchantgould.com) |
Subject: | U.S. Trademark Application Serial No. 88596590 - HOMEPOINTE - 14972.555US2 |
Sent: | December 03, 2019 10:42:40 AM |
Sent As: | ecom111@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88596590
Mark: HOMEPOINTE
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Correspondence Address:
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Applicant: True Value Company, L.L.C.
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Reference/Docket No. 14972.555US2
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
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: December 03, 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.
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).
The wording in the identification of goods is indefinite, overbroad, or does not sufficiently distinguish the form or function of the goods to be proper beneath the present guidelines of the Trademark Act. Thus, the language must be better-clarified where indicated below, in bold. Explanations for the reasoning behind the indefiniteness, and proper re-classification where applicable, is provided below within the identifications.
Applicant may therefore adopt the following identification(s), if accurate. See TMEP §1402.01.
Class 11: SINK REPAIR PARTS, NAMELY, KITCHEN SINK SPRAYERS; BATHTUB SPOUTS; SHOWER TUBE WATER DIVERTERS, namely, {specify, as “diverters” is not a recognized good, and “shower tube” fails to clarify the actual location of the diverter, as showers have many potential “tubes” that serve different functions}; FAUCET REPAIR PARTS, namely, {list parts proper in Class 11 by their common commercial name}; FAUCET CARTRIDGES, namely, {specify goods in Class 11, e.g., water treatment equipment in the nature of cartridge filtration units}
The applicant is advised that the above suggestions may not be a complete listing of amended specifications available to the applicant, but are instead provided only as suggestions. Given the extremely indefinite nature of some of the goods in part and given that the application is based on intent to use, the examiner is unable to suggest a more comprehensive amended identification for the applicant’s consideration and possible adoption in responding to this Office Action. It is the applicant's duty and prerogative to identify the goods and services. TMEP section 1402.01(d).
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.
PARTIAL ABANDONMENT ADVISORY
If applicant does not respond to this Office action within the six-month period for response, the following goods in International Class 11 will be deleted from the application:
Shower tube water diverters; faucet repair parts; faucet cartridges
The application will then proceed with the following goods in International Class 11 only:
Sink repair parts, namely, kitchen sink sprayers; bathtub spout
See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
RESPONSE GUIDELINES
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.
/Caitlin Watts-Fitzgerald/
Caitlin Watts-FitzGerald
Examining Attorney
Law Office 111
571-272-9015
Caitlin.Watts-Fitzgerald@USPTO.GOV
RESPONSE GUIDANCE