Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

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

 

 

 

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:  April 17, 2020

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issues below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

 

SEARCH OF USPTO DATABASE OF MARKS

 

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.

 

 

SUMMARY OF ISSUES:

 

      I.          Identification Amendment Required

    II.          Partial Abandonment – Advisory

 

 

I.         IDENTIFICATION AMENDMENT REQUIRED

 

The identification as written is currently indefinite and must be amended for the following reasons.  First, the wording “research and development” is classified according to subject matter.  “Military” as a subject matter is too broad. This can be remedied by changing the wording to “scientific research and development” as Class 042 research and development services must have a scientific or medical subject matter.  Then, the wording “engineering the development of new products” must explicitly indicate that they are “for others.”  Finally the wording “technical consulting services” is also classified according to subject matter, and the wording “digital content and three-dimensional digital models” is too broad.  This may be remedied by generally clarifying the field to a Class 042 subject, e.g., aerospace engineering.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. 

 

If accurate, applicant may adopt the following identification in their appropriate international classes:

 

International Class 042: Scientific research and development of advanced technologies in the military, aerospace, and aeronautics fields; research and development of advanced weapon systems; research and development of advanced aircraft and parts through cutting-edge design tools; research and development of high-performance combat, air mobility, and reconnaissance and surveillance aircraft; product research and development for others; engineering services, namely, engineering the development of new products for others; design and testing for new product development; consulting services in the field of advanced technical engineering; design and testing of new products for others; technical consulting services in the field of aerospace engineering relating to digital content and three-dimensional digital models

 

An applicant may only amend an identification to clarify or limit the services, but not to add to or broaden the scope of the services.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07.

 

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 at http://tess2.gov.uspto.report/netahtml/tidm.html.  See TMEP §1402.04.

 

 

II.        PARTIAL ABANDONMENT – ADVISORY

 

If applicant does not respond to this Office action within the six-month period for response, the following services will be deleted from the application:  research and development of advanced technologies in the military, aerospace, and aeronautics fields; engineering services, namely, engineering the development of new products; technical consulting services relating to digital content and three-dimensional digital models.  The application will then proceed with the following services only:

 

International Class 042: research and development of advanced weapon systems; research and development of advanced aircraft and parts through cutting-edge design tools; research and development of high-performance combat, air mobility, and reconnaissance and surveillance aircraft; product research and development for others; design and testing for new product development; consulting services in the field of advanced technical engineering; design and testing of new products for others

 

See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).

 

 

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

 

 

/Elle Marino/

Trademark Examining Attorney

Law Office 121

Phone: (571) 270-3699

E-mail: elle.marino@uspto.gov

 

 

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA 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 April 17, 2020 for

U.S. Trademark Application Serial No. 88792993

 

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. 

 

 

/Elle Marino/

Trademark Examining Attorney

Law Office 121

Phone: (571) 270-3699

E-mail: elle.marino@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 April 17, 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.”