Offc Action Outgoing

GATEWAY

Acer Incorporated

U.S. Trademark Application Serial No. 88622608 - GATEWAY - 02611-69

To: Acer Incorporated (sia@pattishall.com)
Subject: U.S. Trademark Application Serial No. 88622608 - GATEWAY - 02611-69
Sent: October 22, 2020 01:48:31 PM
Sent As: ecom124@uspto.gov
Attachments:

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

U.S. Application Serial No. 88622608

 

Mark:  GATEWAY

 

 

 

 

Correspondence Address: 

Seth I. Appel

PATTISHALL, MCAULIFFE, NEWBURY, HILLIARD

200 S. WACKER DRIVE, SUITE 2900

CHICAGO, IL,  60606

 

 

 

Applicant:  Acer Incorporated

 

 

 

Reference/Docket No. 02611-69

 

Correspondence Email Address: 

 sia@pattishall.com

 

 

 

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:  October 22, 2020

 

 This application was approved for publication on September 24, 2020.  See 37 C.F.R. §2.80.  However, approval of the application has been withdrawn to address the issue(s) below.  See TMEP §706.01.  The trademark examining attorney apologizes for any inconvenience this may cause applicant.

 

 

CLASSIFICATION OF GOODS

 

Applicant has classified “3D printers” in International Class 009; however, the proper classification is International Class 007.  Therefore, applicant may respond by (1) adding International Class 007 to the application and reclassifying these goods and/or services in the proper international class, (2) deleting “3D printers” 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.

 

.

MULTIPLE-CLASS APPLICATION REQUIREMENTS

 

The application identifies goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 44:

 

(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.  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 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c).

 

For an overview of the requirements for a Section 44 multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, see the Multiple-class Application webpage.

 

 

How to respond.  Click to file a response to this nonfinal Office action.    

 

 

/R.M. Herrera/

Roselle M. Herrera

Trademark Examining Attorney

Law Office 124

(571) 272-1909

Roselle.Herrera@uspto.gov

 

 

RESPONSE GUIDANCE

  • Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

 

 

U.S. Trademark Application Serial No. 88622608 - GATEWAY - 02611-69

To: Acer Incorporated (sia@pattishall.com)
Subject: U.S. Trademark Application Serial No. 88622608 - GATEWAY - 02611-69
Sent: October 22, 2020 01:48:32 PM
Sent As: ecom124@uspto.gov
Attachments:

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on October 22, 2020 for

U.S. Trademark Application Serial No. 88622608

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

/R.M. Herrera/

Roselle M. Herrera

Trademark Examining Attorney

Law Office 124

(571) 272-1909

Roselle.Herrera@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from October 22, 2020, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond

 

 

 

GENERAL GUIDANCE

·       Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·       Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·       Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”

 

 

 


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