To: | Viking Products Group, Inc. (uspto@faysharpe.com) |
Subject: | U.S. Trademark Application Serial No. 88701255 - HYDRO-SLOPE - GARL 500490U |
Sent: | March 17, 2020 09:30:32 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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FINAL 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) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
Issue date: March 17, 2020
This Office action is in response to applicant’s communication filed on March 16, 2020.
In a previous Office action(s) dated February 26, 2020, the trademark examining attorney required applicant to satisfy the following requirement(s): Identification and Classification of Goods.
IDENTIFICATION AND CLASSIFICATION OF GOODS
The applicant’s identification of goods are as follows:
· Class 1: Self-leveling chemical compounds for use in building construction for use roofs to improve drainage on rooftops
· Class 19: Synthetic rubber compound for use as a roof patch, roof finisher, and roof leveling material; Urethane and rubber compound for use as a roof patch, roof finisher, and roof leveling material
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, “Synthetic rubber compound for use as a roof patch, roof finisher, and roof leveling material; Urethane and rubber compound for use as a roof patch, roof finisher, and roof leveling material” are indefinite and requires further clarification as to the underlying nature of the goods for classification purposes.
The wording “compound” is indefinite and requires clarification as it alludes to goods in different classes. The wording alludes to “Adhesive sealants for use in roofing”, which is Classified in Class 17. “Synthetic rubber” is classified in Class 17.
“Urethane rubber” is classified in Class 17. Also, “ Urethane-based sealants for construction particularly for use in glazing, siding and trim” is classified in Class 17.
For Class 19, the specific type of goods must be identified for proper classification such as the following:
- Bituminous coatings for roofing
- Roofing membranes
- Roofing underlayments
- Cement fillers for use in roofing
- Tar-based sealants for roofing
- Tar-based roofing sealants
- Asphalt roof coatings
- Patching compound made of a tar base
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 [Acceptable]
· CLASS 17: Synthetic rubber and urethane rubber compound, namely, {specify underlying nature of goods in this class, e.g., adhesive sealants} for use in roof patching, roof finishing, and roof leveling
· CLASS 19: {Specify underlying nature of goods in this class, e.g., Bituminous coatings} featuring synthetic rubber and urethane rubber for use in roof patching, roof finishing, and roof leveling
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 2 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.
How to respond. Click to file a request for reconsideration of this final Office action that fully resolves all outstanding requirements and refusals and/or click to file a timely appeal to the Trademark Trial and Appeal Board (TTAB) with the required filing fee(s).
/Philip Liu/
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 109
(571) 272 - 6792
Philip.Liu@uspto.gov
RESPONSE GUIDANCE