To: | SEKISUI KAGAKU KOGYO KABUSHIKI KAISHA (bassam.ibrahim@bipc.com) |
Subject: | U.S. Trademark Application Serial No. 88614610 - EEXG - 1034347-440 |
Sent: | November 15, 2019 01:03:18 PM |
Sent As: | ecom106@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88614610
Mark: EEXG
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Correspondence Address: BUCHANAN INGERSOLL & ROONEY PC
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Applicant: SEKISUI KAGAKU KOGYO KABUSHIKI KAISHA
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Reference/Docket No. 1034347-440
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 15, 2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues 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).
Specifically, “testers” is indefinite because it must be clear what is actually being tested.
Similarly, “phase modifiers” must be accompanied by what is being modified.
Therefore, applicant must remove the parentheses from the identification and incorporate any parenthetical information into the description of the goods.
Applicant should note that any wording in bold, in italics, underlined and/or in ALL CAPS below offers
guidance and/or shows the changes being proposed for the identification of goods. If there is wording in the applicant’s version of the identification of goods which
should be removed, it will be shown with a line through it such as this: strikethrough. When making its amendments, applicant should enter them in standard
font, not in bold, in italics, underlined and/or in ALL CAPS.
Applicant may adopt the following identification, if accurate:
International Class 1: Chemicals used in industry; oil cement putty; Fatty acids for industrial purposes; graphite for industrial purposes; powdered graphite for industrial purposes; Chemical compositions for developing photographs; Unprocessed plastic, namely, plastic raw material for industrial use
International Class 9: Ozonisers (ozonators); electrolysers electrolytic cells; rotary converters; phase modifiers FOR ___________ {specify use, e.g., communications apparatus}; solar batteries; electrical cells and
batteries; electric or AND magnetic meters and ___________ {specify what is being tested, e.g., voltage} testers; electric
wires and cables; magnetic cores; resistance wires; electrodes, namely positive electrode and negative electrode; graphite electrode; electrode plate, namely positive electrode plate and negative
electrode plate; graphite electrode plate
For assistance with identifying and classifying goods in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
MARK ON THE DRAWING AND FOREIGN REGISTRATION DO NOT MATCH
Applicant may respond by satisfying one of the following:
(1) Submit the following statement in the U.S. application: “Under the law of the country of origin, the foreign application or registration includes a claim that the mark is in standard characters (or the equivalent).”; or
(2) Delete the standard character claim from the U.S. application and proceed with a special form drawing by submitting an accurate and concise description of the literal and design elements in the mark. The following mark description is suggested, if accurate: The mark consists of the wording “EEXG” in stylized font.
See 37 C.F.R. §§2.37, 2.52(b), 2.61(b); TMEP §§807.03(f), 808.02, 1011.01.
EXPLANATION OF MARK’S SIGNIFICANCE REQUIRED
For this application to proceed, applicant must explicitly address each 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. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
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. 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
Cameron McBride
/Cameron McBride/
Examining Attorney - Trademarks
Law Office 106
(571) 272-0542
Cameron.McBride@uspto.gov
RESPONSE GUIDANCE