Priority Action

United States Patent and Trademark Office (USPTO)

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

 

 

 

PRIORITY ACTION

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:  March 31, 2020

 

 

USPTO database searched; no conflicting marks found.  The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d).  15 U.S.C. §1052(d); TMEP §704.02.

 

Applicant must address issues shown below.  On March 31, 2020, the examining attorney and the above applicant or attorney discussed the issues below.  Applicant must timely respond to these issues.  See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.

 

The assigned examining attorney has reviewed the referenced application and determined the following.

 

I.  IDENTIFICATION OF GOODS/SERVICES - Indefinite in Part:

 

As discussed, the identification of goods and/or services is unacceptable as indefinite in part because it lacks sufficient specificity and because the goods/services fall into additional classes.  For example, deadbolts are in IC 6 if metal and in IC 9 if electric, outdoor lighting is in 11 once clarified, unless “security lights,” then 9, and the bar/wine tools need clarity along with toothbrush accessories in IC 21.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  As such, applicant must amend the identification to make it definite along the lines suggested below.  Accordingly, applicant may adopt the following identification, if accurate:

 

-        Metal deadbolts, in International Class 6;

 

-        Bar and wine tools, namely, hand operated wine bottle foil cutters, in International Class 8;

 

-        Electric deadbolts; outdoor lighting, namely, security lights, in International Class 9;

 

-        Outdoor lighting, namely, __________ (please specify, paver lights, spot lights, etc.), in International Class 11; and

 

-        Bar and wine tools, namely, __________ (please specify, for example, beverageware, wine openers, etc.); powered toothbrushes and accessories, namely, __________ (please specify, for example, bristles, cases, etc.), in International Class 21.

 

PLEASE NOTE:  The applicant is advised that the above suggestions may not be a complete listing of amended specifications available to the applicant.  Given the indefinite nature of the goods/services, the examining attorney is unable to suggest a more comprehensive amended identification for the applicant’s consideration and possible adoption in responding to this Office Action.  It is the applicant's duty and prerogative to identify the goods and services. TMEP section 1402.01(e).

 

PTO ONLINE SEARCHING MANUAL:

 

For aid in selecting acceptable identifications of goods and services and determining proper classification, the searchable Manual of Acceptable Identifications of Goods and Services is available on the PTO website at http://tess2.gov.uspto.report/netahtml/tidm.html.

 

Please also note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, the applicant may not amend to include any goods or services that are not within the scope of the goods and services recited in the present identification.

 

III.  CLASSIFICATION OF GOODS/SERVICES:

 

As discussed, if applicant adopts the suggested amendment of the identification of goods and/or services, then applicant must amend the classification to International Class(es) 6, 8, 9, 11 & 21.  See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§805, 1401.

 

IV.  ADDITIONAL CLASSES:

 

As discussed, if the applicant prosecutes this application as a combined, or multiple-class, application, the applicant must comply with each of the following:

 

(1)  The applicant must list the goods and/or services by their international class number (as listed above); and

        

(2)  The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid (USPTO’s current fee schedule).  The applicant has already submitted a filing fee for three classes.

 

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)/Section 44 multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, see the Multiple-class Application webpage.

 

V.  CONCLUSION:

 

If the applicant has any questions or needs assistance in responding to this Office Action, please telephone/email the assigned examining attorney.

 

Please note:  As noted, all of the above issue(s) (including the addition of classes) may be resolved by telephone/email.  The applicant is encouraged to call/email the undersigned, instead of submitting a written response, to expedite the application.

 

How to respond.  Click to file a response to this nonfinal Office action.

 

/KaranChhina/

Karanendra S. Chhina

Trademark Attorney

Law Office 114

(571) 272-9447

karan.chhina@uspto.gov

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on March 31, 2020 for

U.S. Trademark Application Serial No. 88756922

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

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

 

 

/KaranChhina/

Karanendra S. Chhina

Trademark Attorney

Law Office 114

(571) 272-9447

karan.chhina@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).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from March 31, 2020, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond

 

 

 

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.”