To: | Efficio Ltd (jhggroup@ipfirm.com) |
Subject: | U.S. Trademark Application Serial No. 88647338 - EFLOW - 5913-005TM |
Sent: | January 16, 2020 06:07:31 PM |
Sent As: | ecom114@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88647338
Mark: EFLOW
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Correspondence Address: |
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Applicant: Efficio Ltd
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Reference/Docket No. 5913-005TM
Correspondence Email Address: |
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COMBINED EXAMINER’S AMENDMENT/PRIORITY ACTION 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: January 16, 2020
USPTO database searched; no conflicting marks found. The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
Applicant must address issues shown below. On January 16, 2020, the examining attorney and JEFFREY H. GREGER discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.
IDENTIFICATION AND CLASSIFICATION
Applicant may adopt the following identification, if accurate:
IC 9
Downloadable electronic publications in the nature of {indicate specific nature of publication} in the field of {indicate subject matter of publication}; downloadable computer software and telecommunication hardware including modems permitting connection to a database or to the Internet; downloadable computer software permitting data retrieval; downloadable computer software for designing, installing and executing central computer mainframe and user/server programs for integrating financial, manufacturing and sales functions of a business and for managing customer relations and support functions of a business all the aforementioned goods relating to information technology; all of the aforementioned goods exclusively relating to information technology in the field of procurement
IC 35
Procurement, namely, purchasing {specify goods or services, e.g., weapons, office furniture} for others; Procuring of contracts for the purchase and sale of goods; business management consulting; providing ratings of business suppliers; provision of business information, providing business investigation, business appraisal and business research services for businesses; business data and management analysis; provision of business, marketing and statistical information; publication of publicity texts; arranging, organizing and conducting trade and business shows, exhibitions and conventions; marketing and business research; Commercial administration of the licensing of the goods and services of others; all of the aforesaid services relating to procurement
IC 41
provision of training in the field of business procurement
IC 42
Consultancy services in the field of information technology exclusively relating to information technology in the field of procurement
See TMEP §§1402.01, 1402.01(e).
Applicant should consult the online ID Manual for acceptable wording and suggestions at http://tmidm.gov.uspto.report/id-master-list-public.html.
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.
Intent to Perfect
An application with a Section 44(e) basis must include a true copy, photocopy, certification, or certified copy of a foreign registration from an applicant’s country of origin. 15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii); TMEP §§1004, 1004.01, 1016. In addition, the applicant’s country of origin must be a party to a convention or treaty relating to trademarks to which the United States is also a party, or must extend reciprocal registration rights to nationals of the United States by law. 15 U.S.C. §1126(b); TMEP §§1002.01, 1004.
Therefore, applicant must provide a copy of the foreign registration from applicant’s country of origin when it becomes available. TMEP §1003.04(a). A copy of a foreign registration must consist of a document issued to an applicant by, or certified by, the intellectual property office in applicant’s country of origin. TMEP §1004.01. If applicant’s country of origin does not issue registrations or Madrid Protocol certificates of extension of protection, the applicant may submit a copy of the Madrid Protocol international registration that shows that protection of the international registration has been extended to applicant’s country of origin. TMEP §1016. In addition, applicant must also provide an English translation if the foreign registration is not written in English. 37 C.F.R. §2.34(a)(3)(ii); TMEP §1004.01(a)-(b). The translation should be signed by the translator. TMEP §1004.01(b).
If the foreign registration is not yet available, applicant should inform the trademark examining attorney that the foreign application is still pending and request that the U.S. application be suspended until a copy of the foreign registration is available. TMEP §§716.02(b), 1003.04(a).
If applicant cannot satisfy the requirements of the Section 44(e) basis, applicant may amend the basis to Section 1(a) or 1(b), if applicant can satisfy the requirements for the new basis. See 15 U.S.C. §§1051(a)-(b), 1126(e); TMEP §806.03. Please note that, if the U.S. application satisfied the requirements of Section 44(d) as of the U.S. application filing date, applicant may retain the priority filing date under Section 44(d) without perfecting the Section 44(e) basis, provided there is a continuing valid basis for registration. See 37 C.F.R. §2.35(b)(3)-(4); TMEP §§806.02(f), 806.03(h).
Application has been amended as shown below. As agreed to by the individual identified in the Priority Action section, the examining attorney has amended the application as shown below. Please notify the examining attorney immediately of any objections. TMEP §707. In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted. 37 C.F.R. §2.71(a).
DESCRIPTION
The description of the mark is amended as follows:
The color(s) blue is/are claimed as a feature of the mark. The mark consists of the letter "e" in light-blue enclosed in a dark blue circle, followed by the word "flow" in dark blue.
See 37 C.F.R. §2.37; TMEP §§808 et seq.
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.
/jcbh/
John Hwang
Attorney Advisor
Law Office 114
571-272-9452
john.hwang@uspto.gov
RESPONSE GUIDANCE