To: | Midea Group Co., Ltd. (twang@nilawfirm.com) |
Subject: | U.S. Trademark Application Serial No. 88646745 - PELONIS - ACIP0781 |
Sent: | December 19, 2019 10:35:04 AM |
Sent As: | ecom121@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88646745
Mark: PELONIS
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Correspondence Address: 8140 WALNUT HILL LANE, SUITE 500
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Applicant: Midea Group Co., Ltd.
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Reference/Docket No. ACIP0781
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 19, 2019
INTRODUCTION
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 RESULTS FROM USPTO DATABASE FOR CONFLICTING 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).
SUMMARY OF ISSUES:
· Identification Amendment Required
· Multi-class Application Requirements
IDENTIFICATION AMENDMENT REQUIRED
Select entries in applicant's identification are indefinite because the wording is overly vague and the nature, use, or purpose of applicant's goods is unclear. See TMEP §§1402.01, 1402.03. Other entries are indefinite because the wording describes goods in multiple International Classes. See TMEP §§1402.01, 1402.03. Other goods are classified incorrectly and must be properly classified. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b).
Suggested Wording
If accurate, applicant may adopt the following wording and classes:
Class 11: Air conditioner; electric fan air-conditioning units; air purifying apparatus and machines; air conditioning installations; electric hair dryer; drying apparatus and installations {indicate specific use, e.g., for use in heating, ventilation systems, air conditioning systems and refrigeration systems}; extractor hoods for kitchens; Dehumidifiers for household purposes; industrial dehumidifiers; Industrial humidifiers; lighting apparatus , namely, lighting installations; lamps; kettles, electric; induction cookers, namely, induction ovens; microwave ovens as cooking apparatus; cooking utensils, electric, namely, {indicate specific, electric toaster ovens, electric grills}; multicookers; cooking apparatus and installations, namely, {indicate specific, e.g., microwave ovens, cooktops}; electric rice cookers; electric cookware in the nature of roasters; Electric {indicate specific type of cookers, e.g., egg, pressure, couscous} cookers; refrigerating display cabinets; wine cellars, electric; refrigerators; refrigerating appliances and installations; heat pumps; Burners for lamps; Gas burners for {indicate use, e.g., industrial, commercial, domestic} use; fireplaces; dampers for heating, namely, control devices used in air ducts to regulate the flow of air; heating installations; bath fittings, namely, {indicate specific, e.g., bath tub jets, bath installations}; heaters for baths, namely, water heaters; solar water heaters; flushing apparatus, namely, {indicate specific, e.g., flush levers}; sanitary apparatus and installations, namely, {indicate specific, e.g., urinals being sanitary fixtures, sanitary installations in the nature of steam rooms}; drinking fountains; water purifying apparatus and machines; water filtering apparatus; disinfectant apparatus, namely, {indicate specific, e.g., apparatus for disinfecting water, disinfectant dispensers for toilets}; oil-scrubbing apparatus, namely, {indicate specific, e.g., industrial scrubbers for purifying and cleaning oils by removing harmful chemicals from oils}; disinfecting cupboard, namely, disinfecting ultraviolet lamps housed in a cupboard for disinfecting objects placed therein; radiators, electric; stoves being heating apparatus
Class 21: Fragrance oil burners
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.
Applicant must additionally respond to the requirement below.
MULTI-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 that are classified in at least 2 classes; however, applicant submitted a fee(s) sufficient for only 1 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.
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.
/Justine N. Burke/
Justine N. Burke
Trademark Examining Attorney
Law Office 121
571-270-1631
Justine.Burke@uspto.gov
RESPONSE GUIDANCE