To: | Easytrim Reveals Inc. (adskale@mintz.com) |
Subject: | U.S. Trademark Application Serial No. 88609453 - EZ.BUMP - 045581420T01 |
Sent: | December 11, 2019 09:16:32 PM |
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. 88609453
Mark: EZ.BUMP
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Correspondence Address: |
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Applicant: Easytrim Reveals Inc.
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Reference/Docket No. 045581420T01
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 11, 2019
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 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.
INFORMATION ABOUT GOODS/SERVICES REQUIRED
Specifically, applicant must submit the following:
Does BUMP have any significance in the trade or industry or as applied to applicant’s goods and/or services, or is it a term of art?
Factual information about the goods must clearly indicate how they operate, their salient features, and their prospective customers and channels of trade. Factual information about the services must clearly indicate what the services are and how they are rendered, their salient features, and their prospective customers and channels of trade. Conclusory statements will not satisfy this requirement for information.
Failure to comply with a request for information is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814. Merely stating that information about the goods or services is available on applicant’s website is an insufficient response and will not make the relevant information of record. See In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004).
DRAWING
This requirements is being issued because applicant specified in the application that the mark in the foreign registration is not in standards characters or the equivalent. See, TMEP Appendix E.
Applicant may respond by satisfying one of the following:
(1) Confirm the applied-for mark is not in standard characters or the equivalent and that applicant intended to submit a special form drawing in the U.S. application. Special form drawings must include an accurate and concise description of the literal and design elements in the mark. If the U.S. application does not include a proper description, the following is suggested, if accurate: The mark consists of the stylized wording “EZ.BUMP”.
(2) Amend the application to claim standard characters in the U.S. application because the mark is in standard characters or the equivalent in the foreign registration. To amend the application, applicant must provide the following two statements:
Under the law of the country of origin, the foreign application or registration includes a claim of standard characters (or the equivalent).
The mark consists of standard characters without claim to any particular font style, size, or color.
See 37 C.F.R. §§2.37, 2.52(a)-(b), 2.61(b); TMEP §§807.03(a), (f), 808.02, 1011.01.
IDENTIFICATION OF SERVICES AND CLASSIFICATION
The identification for class 6 is acceptable.
In particular, the wording “technical assistance, support” is indefinite because the exact nature of these services is unclear. Suggested amendments are provided below.
The wording “consulting in the field of design” is misclassified in class 37. Design consulting services are classified in class 42. Therefore, applicant may respond by (1) adding International Class 42 to the application and reclassifying these goods and/or services in the proper international class, (2) deleting “consulting in the field of design” from the application, or (3) deleting the remainder of the items in the identification and reclassifying the specified goods and/or services in the proper international class. See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq. If applicant adds one or more international classes to the application, applicant must comply with the multiple-class requirements specified in this Office action.
Applicant may substitute the following wording, if accurate:
Class 37 Building construction; technical assistance in the nature of
providing technical advice, support and consulting in the field of design, installation, maintenance, and repair of reveal wall systems
Class 42 technical assistance in the nature of providing technical advice and consulting in the field of design of reveal wall systems
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.
MULTIPLE-CLASS APPLICATION REQUIREMENTS
(1) List the goods and/or services 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 and/or services that are classified in at least 3 classes; however, applicant submitted a fee(s) sufficient for only 2 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(s) 1(b) and/or 44 multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
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.
For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements.
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.
/Esther Queen/
Examining Attorney
LO 111
571-272-6695
Esther.Queen@uspto.gov
RESPONSE GUIDANCE