Examiners Amendment

United States Patent and Trademark Office (USPTO)

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

EXAMINER’S AMENDMENT

Issue date:  January 22, 2020

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.  

Database Search:  The trademark examining attorney has searched the USPTO’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).

Application has been Amended:  In accordance with the authorization granted by Nicholas D. Wells, on January 21, 2020 the trademark examining attorney has amended the application as indicated below.  Please advise the undersigned immediately of any objections.  Otherwise, no response is necessary.  TMEP §707.  Any amendments to the identification of goods and/or services may clarify or limit the goods and/or services, but may not add to or broaden the scope of the goods and/or services.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.

Identification of Goods and Services:

The identification of goods and services is amended to read as follows: 

CLASS 035:

Advertising, marketing and public relations; organization of exhibitions and trade fairs for commercial or advertising purposes; Development of advertising concepts; provision of an online marketplace for buyers and sellers of goods and services; the bringing together, for the benefit of others, of a variety of goods, namely, metal bath grab bars, building materials of metal, drain pipes of metal, drain traps of metal, floor tiles of metal, floors of metal, pipes of metal / tubes of metal, pipework of metal, tile floorings of metal, tiles of metal for building, towel dispensers, fixed, of metal, valves of metal, other than parts of machines, wall claddings of metal for building, wall linings of metal for building, wall tiles of metal, water-pipe valves of metal, water-pipes of metal, apparatus, namely, tap water faucets, water heaters, flushing apparatus, water intake apparatus, sanitary wares, sanitary fittings and sanitary installations, namely, water heating, bath, shower, washing, rinsing, bidet and toilet installations, water flushing installations, water conduit installations, water distribution installations, water supply installations, sanitary wares, namely, sink pedestals, toilet tanks, bidets, urinals, cisterns in the nature of toilet tanks, toilet cisterns, concealed cisterns, toilets, toilet bowls, wash-basins and wash bowls, namely, lavatories, countertops with lavatories, sinks, toilet seats, shower trays, bath tubs, shower dividing screens and bath screens, showers, shower enclosures, shower columns, taps, basin taps, bath taps, bidet taps, mixer taps, shower taps, fittings for bidets, urinals, cisterns, concealed cisterns, toilets, toilet bowls, wash-basins and wash bowls, sinks, toilet seats, bath tubs and showers, namely, screens, taps, seats, faucets, faucet sprayers, hot water and cold water mixer fittings, namely, shower mixers, mixer faucets for water pipes, digital fittings, namely, digital faucets, fittings that can be operated with a single touch, namely, faucets, flush levers, bath drainage and overflow fittings, namely, plumbing drains, strainers for plumbing drains, self-closing water fittings, namely, flushometer valves, plumbing valves, shower fittings, namely, shower control valves, shower sprayers, shower mixers, massage showers, irrigation and shower spray nozzles and spray heads, sink fittings, namely, sink traps, sink sprayers, mixing valves, control valves, stop valves, water inlet and outlet mechanisms, namely, taps and drains, parts and fittings of the aforesaid goods, namely, pipes being parts of bath plumbing installations, replacement parts, plumbing spouts, plumbing traps, heaters for baths, namely, gas water heaters for bathtubs consisting of circulation pumps, thermostats, electrically heated towel rails, drain traps, water control valves, water inlet valves and outlet valves, water pipe valves and water regulating valves, none of metal or plastic, ceramic, plastic, vinyl, porcelain, wood, granite, marble, natural stone and glass tiles, ceramic wall tiles, ceramic floor tiles, porcelain floor tiles, ceramic, plastic, vinyl, porcelain, wood, granite, marble, natural stone and glass tiles for adjoining partitions, ceramic, plastic, vinyl, porcelain, wood, granite, marble, natural stone and glass external tiles for buildings, bathroom furniture, made of any kind of material excluding tables and chairs, bathroom mirrors, ceramics, namely, tissue box covers, toothbrush holders made of ceramics, glass, porcelain or earthenware, dispensers and holders for paper wipes, hand towels and toilet paper, toilet brushes and toilet brush holders, towel rings, towel rails and towel rail mountings, soap dispensers, enabling customers to conveniently view and purchase those goods, such services may be provided by retail stores, wholesale outlets, by means of electronic media or through mail order catalogues

See TMEP §§1402.01, 1402.01(e).

Assistance:

If applicant has questions regarding this Examiners Amendment, please telephone or e-mail the assigned trademark examining attorney.  All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Examiners Amendment and will not extend the deadline for filing a proper response.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.  Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Examiners Amendment, the trademark examining attorney may not provide legal advice or statements about applicant’s rights.  See TMEP §§705.02, 709.06.

/Eliana Torres/

Trademark Examining Attorney

Law Office 130/TM Innovation Lab

(571) 272-6907

ElianaTorres@uspto.gov

United States Patent and Trademark Office (USPTO)

USPTO OFFICIAL NOTICE

Office Action (Official Letter) has issued

on January 22, 2020 for

U.S. Trademark Application Serial No. 88655539

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

(1)  Read the official letter.  No response is necessary.

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

/Eliana Torres/

Trademark Examining Attorney

Law Office 130/TM Innovation Lab

(571) 272-6907

ElianaTorres@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).

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.”