To: | VIVO MOBILE COMMUNICATION CO., LTD. (tm@bayramoglu-legal.com) |
Subject: | U.S. Trademark Application Serial No. 88776853 - VIVO - N/A |
Sent: | September 20, 2020 05:14:21 PM |
Sent As: | ecom120@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88776853
Mark: VIVO
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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: September 20, 2020
This Office action is supplemental to and supersedes the previous Office action issued on April 26, 2020 in connection with this application. The assigned trademark examining attorney inadvertently omitted a requirement relevant to the mark in the subject application. See TMEP §§706, 711.02. Specifically, an identification of goods requirement.
The trademark examining attorney apologizes for any inconvenience caused by the delay in raising this issue(s).
The following refusal(s) and/or requirement(s) have been satisfied and/or withdrawn: Prior Pending Application Filed – Application Not Entitled to Register and Translation Required. See TMEP §713.02.
The following is a SUMMARY OF ISSUES that applicant must address:
• NEW ISSUE: Amendment to Identification of Goods and/or Services Required
• Partial Abandonment
Applicant must respond to all issues raised in this Office action and the previous April 26, 2020 Office action, within six (6) months of the date of issuance of this Office action. 37 C.F.R. §2.62(a); see TMEP §711.02. If applicant does not respond within this time limit, the application will be abandoned. 37 C.F.R. §2.65(a).
Amendment to Identification of Goods and/or Services Required
The wording “Mobile phone software applications, downloadable namely, software for playing music, software for games, software for online shopping, software for travel guide, software for communication, software for photograph and software for image processing and transmission” is indefinite and must be clarified because the specific function of all the software is unclear.
Applicant may substitute the following wording, if accurate:
Class 9:
Downloadable computer application software, namely, software for playing music, software for playing games, software for enabling online shopping, software for accessing a travel guide, software for enabling communication, software for editing a photograph and software for image processing and transmission; Tablet computers; Smart glasses; Smart watches; Electric navigational instruments; Global positioning system (GPS) apparatus; Smartphones; Mobile phones; Cell phone covers; Cell phone cases; Protective films adapted for mobile phone screens; Wearable smart phones; Stands adapted for mobile phones; Cabinets for loudspeakers; Wireless speakers; Headphones; Wireless earphones; Earphones for cellular telephones; Wireless headsets for smart phones; Selfie sticks for use with smartphones; USB cables; USB cables for cellphones; Power adapters; Batteries, electric; Battery chargers; Wireless chargers; Battery chargers for mobile phones; Virtual reality glasses; Virtual reality headsets; Artificial intelligent speakers in the nature of wireless audio speakers; touch screens for mobile phones; mobile power banks in the nature of rechargeable batteries; Smartwatch bands; Chipsets for use with wireless communication apparatuses, consumer electronic devices, smart phones, and wearable mobile computers; Integrated circuits, namely, system basis chips and systems on a chip (SOC); Multiprocessor chips
Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted goods and/or services may not later be reinserted. See 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.
Partial Abandonment Advisory
If applicant does not respond to this Office action within the six-month period for response, the following goods and/or services in International Class(es) 9 will be deleted from the application:
Mobile phone software applications, downloadable namely, software for games, software for online shopping, software for travel guide, software for communication, software for photograph
The application will then proceed with the following goods and/or services in International Class(es) 9 only:
Mobile phone software applications, downloadable namely, namely, software for playing music, software for image processing and transmission; Tablet computers; Smart glasses; Smart watches; Electric navigational instruments; Global positioning system (GPS) apparatus; Smartphones; Mobile phones; Cell phone covers; Cell phone cases; Protective films adapted for mobile phone screens; Wearable smart phones; Stands adapted for mobile phones; Cabinets for loudspeakers; Wireless speakers; Headphones; Wireless earphones; Earphones for cellular telephones; Wireless headsets for smart phones; Selfie sticks for use with smartphones; USB cables; USB cables for cellphones; Power adapters; Batteries, electric; Battery chargers; Wireless chargers; Battery chargers for mobile phones; Virtual reality glasses; Virtual reality headsets; Artificial intelligent speakers in the nature of wireless audio speakers; touch screens for mobile phones; mobile power banks in the nature of rechargeable batteries; Smartwatch bands; Chipsets for use with wireless communication apparatuses, consumer electronic devices, smart phones, and wearable mobile computers; Integrated circuits, namely, system basis chips and systems on a chip (SOC); Multiprocessor chips
See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
Response Guidelines
How to respond. Click to file a response to this nonfinal Office action.
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.
/Grace Duffin/
Grace Duffin, Esq.
Trademark Examining Attorney
Law Office 120
571-270-7069
Grace.Duffin@uspto.gov
RESPONSE GUIDANCE