To: | Cold Chain Technologies, LLC (edward.kriegsman@kriegsmanlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88766310 - KOOLTEMP ECOFLEX96 - 84299B |
Sent: | February 27, 2020 09:41:59 PM |
Sent As: | ecom124@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88766310
Mark: KOOLTEMP ECOFLEX96
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Correspondence Address:
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Applicant: Cold Chain Technologies, LLC
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Reference/Docket No. 84299B
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 27, 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.
This application was filed with the USPTO on January 20, 2020.
Search Results
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.
Identification and Classification of Goods
THIS PARTIAL REQUIREMENT APPLIES TO CLASS 020 ONLY
The identification of goods is indefinite and must be clarified because the goods listed in Class 020 must be specified as to the material composition and purpose for proper classification. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant may adopt the following identification, if accurate:
Class 006: Metal thermal packaging systems for shipping or transporting goods featuring insulated containers and one or more phase-change materials
Class 011: Temperature-controlled thermal packaging systems for shipping or transporting goods featuring insulated containers and one or more phase-change materials
Class 017: Molded-foam thermal packaging systems for shipping or transporting goods featuring insulated containers and one or more phase-change materials
Class 020: Non-metal, non-paper thermal packaging systems for shipping or transporting goods featuring insulated containers and one or more phase-change materials
Class 039: Leasing of thermal packaging systems featuring insulated containers and one or more phase-change materials.
Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended. See TMEP §1402.06(a)-(b). The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification. TMEP §§1402.06(b), 1402.07(a)-(b). Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted. TMEP §1402.07(e).
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 fees already paid (view the USPTO’s current fee schedule). The application identifies goods and services that are classified in at least 5 classes; however, applicant submitted fees sufficient for only 2 classes. 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.
Fees for Adding Classes
The USPTO changed the federal trademark rules to eliminate the TEAS RF application, which is now considered a “TEAS Standard” application. See 37 C.F.R. §2.6(a)(iii). The fee for adding classes to a TEAS Standard application is $275 per class. See id. For more information about these changes, see the Mandatory Electronic Filing webpage.
Description of the Mark Incomplete
The following description is suggested, if accurate: The mark consists of the stylized wording KOOLTEMP ECOFLEX96, with the wording KOOLTEMP appearing above and in smaller letters than the wording ECOFLEX96. The wording TEMP in the wording KOOLTEMP is thicker than the wording KOOL, and the wording FLEX96 in the wording ECOFLEX96 is thicker than the wording ECO. The upper right arm and part of the upper left arm in the letter X in the wording FLEX96 is depicted as a check mark, and the lower left arm of the letter X extends below the baseline.
Significance of Numeral and Letter in the Mark
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a response to this nonfinal Office action.
Janet Lee
/Janet H. Lee/
Trademark Examining Attorney
Law Office 124
Phone: (571) 272-1053
Email: janet.lee6@uspto.gov
RESPONSE GUIDANCE