To: | Viking Products Group, Inc. (uspto@faysharpe.com) |
Subject: | U.S. Trademark Application Serial No. 88701255 - HYDRO-SLOPE - GARL 500490U |
Sent: | February 26, 2020 10:52:04 AM |
Sent As: | ecom109@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88701255
Mark: HYDRO-SLOPE
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Correspondence Address:
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Applicant: Viking Products Group, Inc.
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Reference/Docket No. GARL 500490U
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: February 26, 2020
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 OF USPTO DATABASE OF MARKS
IDENTIFICATION AND CLASSIFICATION OF GOODS
The applicant’s identification of goods are as follows:
· Leveling compound for use in improving drainage on rooftops; leveling compound for use on roofs; roof filler compound; roof patch compound
The identification and classification of goods must be clarified because it fails to describe the nature of the goods with particular specificity and/or references goods that may be classified in other classes. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must amend the identification to specify the common commercial or generic name of the goods. See TMEP §1402.01. If the goods have no common commercial or generic name, applicant must describe the product, its main purpose, and its intended uses. See id.
Specifically, “leveling compounds” is indefinite and requires further clarification as to the type for proper classification. For instance, “Self-leveling chemical compounds for use in building construction” is classified in Class 1.
“[R]oof filler compound; roof patch compound” are indefinite and requires further clarification as to the underlying nature of the goods for proper classification. For instance, “cement fillers for use in roofing” is classified in Class 19. Please note that “patching compounds made of a tar base” are classified in Class 19. Also, there is “Rapid cure, high strength, polymer-based concrete patching compound” classified in Class 17.
Accordingly, applicant may adopt any or all of the following identification(s), if accurate:
· CLASS 1: Self-leveling chemical compounds for use in building construction for use roofs to improve drainage on rooftops
· CLASS 17: Rapid cure, high strength, polymer-based concrete roof patching compound
· CLASS 19: Roof filler compounds, namely, cement fillers for use in roofing; Roof patching compounds made of a tar base
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.
MULTIPLE-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 and/or services that are classified in at least 3 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 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c).
For 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, see the Multiple-class Application webpage.
RESPONSE GUIDELINES
If applicant has questions regarding this Office action, 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 Office action 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 Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
How to respond. Click to file a response to this nonfinal Office action.
/Philip Liu/
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 109
(571) 272 - 6792
Philip.Liu@uspto.gov
RESPONSE GUIDANCE