To: | VIVO MOBILE COMMUNICATION CO., LTD. (tm@bayramoglu-legal.com) |
Subject: | U.S. Trademark Application Serial No. 88729344 - HYPEAK - N/A |
Sent: | January 29, 2020 09:58:14 PM |
Sent As: | ecom104@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88729344
Mark: HYPEAK
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Correspondence Address: 1540 WEST WARM SPRINGS ROAD SUITE 100
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Applicant: VIVO MOBILE COMMUNICATION CO., LTD.
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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: January 29, 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 OFFICE’S DATABASE OF MARKS
PRIOR PENDING APPLICATION
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
IDENTIFICATION OF GOODS
Multiple items, e.g. “wearable computers”, “face recognition apparatus,” “navigational instruments,” “smart speakers”, “artificial intelligence speakers,” “selfie lenses”, “chips”, and “electronic chips” in the identification of goods are indefinite and must be clarified because they do not clearly state the nature of the goods. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must amend this wording 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.
The wording “power bank” in the identification of goods is a registered mark not owned by applicant; accordingly, applicant must amend the identification to delete this wording and, if not already included in the identification, provide the common commercial or generic name of the goods. TMEP §1402.09; see 37 C.F.R. §2.32(a)(6); Camloc Fastener Corp. v. Grant, 119 USPQ 264, 264 n.1 (TTAB 1958). See the attached U.S. Registration No. 3656544.
Identifications of goods and/or services should generally be comprised of generic everyday wording for the goods and/or services, and exclude proprietary or potentially-proprietary wording. See TMEP §§1402.01, 1402.09. A registered mark indicates origin in one particular party and so may not be used to identify goods or services that originate in a party other than that registrant. TMEP §1402.09 (citing Camloc Fastener Corp. v. Grant, 119 USPQ at 264 n.1).
Please see the acceptable definite wording in bold below suggested for indefinite wording.
Applicant may substitute the following wording, if accurate:
Data processing apparatus; Personal digital assistants; Telecommunication apparatus in the nature of wireless receivers in the form of jewellery; Downloadable software applications for mobile phones for {specify the function of the programs, e.g., for use in database management, for use as a spreadsheet, for word processing, etc. and, if software is content- or field-specific, the content or field of use}; Tablet computers; Interactive touch screen terminals; Smart glasses; Smart watches; Touch screen pens; Wearable computers in the nature of smartwatches; Wearable computers in the nature of smartglasses; Facial recognition apparatus, namely, {indicate common commercial name of devices, e.g., optical scanners}; Electric Navigational instruments; Global positioning system (GPS) apparatus; Smartphones; Mobile phones; Cell phone straps; Wearable activity trackers; Cell phone cases; Cell phone covers; Protective films adapted for mobile phone screens; Wearable smart phones; Stands adapted for mobile phones; Cabinets for loudspeakers; Wireless speakers; Headphones; Wireless headphones; Earphones for cellular telephones; Wireless headsets for smart phones; Selfie sticks used as smartphone accessories; Selfie lenses, namely, {indicate common commercial name of the goods, e.g., camera lens adapters}; USB cables; USB cables for cellphones; Power adapters; Batteries, electric; Battery chargers; Rechargeable batteries; Wireless chargers; Battery chargers for mobile phones; Smart earphones; Smart headphones; Intelligent earphones; Intelligent headphones; Augmented reality optical glasses; Augmented reality headsets; Virtual reality optical glasses; Virtual reality headsets; Virtual reality computer hardware; Downloadable virtual and augmented reality software for {indicate the function of the software, e.g., playing computer games, pilot training, medical teaching, etc.}; Smart speakers in the nature of wireless audio speakers; Artificial intelligence speakers in the nature of wireless audio speakers; Smart television; Notebook computers; Computers; Displays for mobile phones, namely, LED displays for mobile phones and liquid crystal displays for mobile phones; Stands adapted for mobile phones for use in vehicles; battery packs in the nature of rechargeable batteries; Smartbands; Body fat scales for household use; Scales with body mass analysers; Silicon chips; Electronic chips for the manufacture of integrated circuits
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.
ASSISTANCE
Please call or email the assigned trademark examining attorney with questions about this Office action. Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the refusal(s) and/or requirement(s) in this Office action. 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.
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.
/Carol Spils/
Trademark Examining Attorney
Law Office 104
(571)272-9226
carol.spils@uspto.gov
RESPONSE GUIDANCE