To: | Ferguson Enterprises, LLC (wpoynter@kaleolegal.com) |
Subject: | U.S. Trademark Application Serial No. 88662910 - ARMATECK - N/A |
Sent: | December 03, 2019 02:53:07 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. 88662910
Mark: ARMATECK
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Correspondence Address: |
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Applicant: Ferguson Enterprises, LLC
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Reference/Docket No. N/A
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 03, 2019
The assigned trademark examining attorney has reviewed the referenced application and has determined the following:
SEARCH CONDUCTED
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).
ACCEPTABLE IDENTIFICATION OF GOODS AND/OR SERVICES REQUIRED
Applicant has elected to use wording in the identification of goods and/or services that is not found in the U.S. Acceptable Identification of Goods and Services Manual. The wording that applicant has chosen to use instead does not meet the standards set forth in the Manual and is unacceptable. Specifically, the following underlined wording in the identification of goods and/or services is indefinite and must be clarified as set forth below. See TMEP §1402.01. The exact nature of the goods and/or services cannot be determined from this wording.
Class 3
Eye wash stations [This wording broadly encompasses goods in other classes, such as a type of fixture featuring non-medicated eye washes. The nature of the “stations” must be specified.]
Class 9
Protective clothing, namely, disposable coveralls [As noted in the ID Manual, protective clothing in Class 9 is clothing that is life preserving or protects from fire, accidents and irradiation. A “life-preserving” or “protection against accidents” use or purpose must be indicated for any Class 9 protective clothing or protective headgear ID. For example, “protective clothing, namely, bullet resistant vests” or “protective clothing, namely, disposable coveralls for protection against ____” would both be acceptable in Class 9, because the referenced items may prevent potentially life-threatening injury to the body and head, respectively.]; dust masks; eye covers for protective purposes; fall protection products [The type of products must be specified as noted in the ID Manual, for example, “fall protection equipment for fall restraint and fall arrest, namely, lines.”]; fire resistant clothing [See previous comment and ID Manual. Note that clothing treated with fire retardants are classified in Class 25, for example, “Clothing for babies, toddlers and children, treated with fire and heat retardants, namely, pajamas, jackets, shirts, pants, jumpers.”]; protective work gloves; protective helmets; hard hats; cooling clothing [Specify the type of clothing within the correct class.]; reflective safety vests; high visibility vests [Clarify what is meant by “high visibility” as noted in the ID Manual, for example, “reflective safety vests.” Note that only clothing with a specific protective purpose must be specified for the goods to be classified in Class 9.]; knee pads for workers; warming clothing [The type of clothing must be specified.]
Class 10
Hearing protectors without the ability to reproduce or transmit sound
Class 21
Work gloves; disposable latex and nitrile gloves for general use
Class 25
Footwear, namely, work boots; rainwear
Applicant must amend this wording to specify the common commercial or generic name for the goods and/or services. If there is no common commercial or generic name for the goods and/or services, then applicant must describe the nature of the goods and/or services as well as their main purpose, channels of trade, and the intended consumer(s). See TMEP §1402.01.
For assistance with identifying and classifying goods and/or services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.
An applicant may only amend an identification to clarify or limit the goods and/or services, but not to 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., 1402.07.
It is the applicant’s duty to identify the goods and/or services, and any goods and/or services deleted from the application by amendment may not be reinserted at a later point in prosecution. TMEP §1402.01(e).
Applicant may find acceptable identification wording by: 1) using the sample wording provided in the Identification Manual for this purpose; 2) researching the Register for wording that has recently been accepted by the Office and is consistent with the current rules governing identifications; 3) using wording that is the common name widely used in the relevant industry or trade; or 4) drafting wording that otherwise complies with the requirements described in the Code of Federal Regulations as exemplified by the entries in the Identification Manual.
RESPONSE GUIDELINES
E-mail may not be used to file responses to Office actions. These documents may be filed electronically using TEAS. TMEP § 304.02. Further, e-mail may not be used to request an advisory opinion as to the likelihood of overcoming a refusal or requirement.
Applicant may call or email the assigned trademark examining attorney to request additional explanation about the refusal(s) and/or requirement(s) in this Office action. However, the trademark examining attorney cannot provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06. Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
If applicant does not respond to this Office action within the six-month period for response, the goods and/or services underlined and discussed above will be deleted from the application. The application will then proceed with the remaining goods and/or services only. See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
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.
/Edward Fennessy/
Attorney Advisor
Law Office 114
571-272-8804
Edward.Fennessy@USPTO.Gov
RESPONSE GUIDANCE