To: | Hayward Industries, Inc. (mfriscia@mccarter.com) |
Subject: | U.S. Trademark Application Serial No. 88793966 - HAYWARD - N/A |
Sent: | July 28, 2020 08:15:16 AM |
Sent As: | ecom116@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88793966
Mark: HAYWARD
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Correspondence Address: |
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Applicant: Hayward Industries, Inc.
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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: July 28, 2020
This action responds to applicant’s communication filed March 31, 2020, wherein applicant amended the identification of goods. Applicant’s amended identification is unacceptable and, because the amended identification used suggested language from the examining attorney, this amounts to a NON-FINAL NEW ISSUE. The examining attorney apologizes for the error and any confusion. Applicant must respond timely and completely to the issue(s) below. See 37 C.F.R. §2.64(a); TMEP §714.04.
IDENTIFICATION UNACCEPTABLE - REQUIREMENT – CLASS 009 ONLY
Applicant has identified the following:
“Safety monitoring system for pool and water environments comprised primarily of a camera, downloadable software for identifying unsafe situations, and non-downloadable software for identifying unsafe situations and alarm; and downloadable software for identifying unsafe pool and water environment situations and sending notifications and alarms” in Class 009.
Unfortunately, the italicized wording above is insufficiently definite for registration purposes. See TMEP §1402.01. Applicant must indicate if its software is recorded (Class 009 goods) or online and non-downloadable (Class 042 services).c
Applicant may adopt the following, if accurate:
“Safety monitoring system for pool and water environments comprised primarily of a camera, downloadable software for identifying unsafe situations, and recorded non-downloadable software for identifying unsafe situations and alarm; and downloadable software for identifying unsafe pool and water environment situations and sending notifications and alarms” in Class 009.
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 fee(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least 3 classes; however, applicant submitted a fee(s) sufficient for only 2 class(es). 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.
How to respond. Click to file a response to this nonfinal Office action.
/SeanCrowley/
Examining Attorney
Law Office 116
U.S. Patent and Trademark Office
571.272.8851
sean.crowley@uspto.gov
RESPONSE GUIDANCE