To: | MODERN 60S LLC (tmadmin@kilpatricktownsend.com) |
Subject: | U.S. Trademark Application Serial No. 88816940 - ECHO - 1148605 |
Sent: | May 27, 2020 03:19:58 PM |
Sent As: | ecom126@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88816940
Mark: ECHO
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Correspondence Address: KILPATRICK TOWNSEND & STOCKTON LLP 607 14TH STREET, NW, SUITE 900
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Applicant: MODERN 60S LLC
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Reference/Docket No. 1148605
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: May 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.
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
IDENTIFICATION OF GOODS
Applicant’s goods are identified as “Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity; apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data; scientific apparatus and instruments, namely, computer hardware, computer peripherals, audio players and recorders, media players and recorders, handheld digital electronic devices, wireless controllers, remote control devices, stand-alone voice controlled information devices, stand-alone voice controlled personal assistant device, home automation control devices, and power adapters; apparatus for recording, transmission or reproduction of sound or images; calculating machines, data processing equipment, computers; computer software; mobile devices for displaying data and video; wearable computer hardware and wearable computer peripherals; cameras; eyewear; eyewear accessories; eyewear cases; glasses; smartglasses; digital cameras; digital video cameras; video recorders; computer hardware and peripherals for remotely accessing, capturing, transmitting and displaying pictures, video, audio and data; downloadable computer software and software applications for use in uploading, downloading, capturing, editing, storing, distributing and sharing photographic and video content and other digital data via global and local computer networks and via mobile devices; computer software for accessing and transmitting data and content among consumer electronics devices and displays; optical lenses; sunglass lenses; eyeglass lenses; lenses for cameras; cases for spectacles, for pince-nez, and for contact lenses; contact lenses; recorded and downloadable media, computer software, blank digital or analogue recording and storage media; mechanisms for coin-operated apparatus; cash registers, calculating devices; computers and computer peripheral devices; diving suits, divers' masks, ear plugs for divers, nose clips for divers and swimmers, gloves for divers, breathing apparatus for underwater swimming; fire-extinguishing apparatus” in International Class 9.
For amendments to identifications consisting of class headings, the scope of the identification is limited to the ordinary meaning of the words in the heading. See In re Fiat Grp. Mktg. & Corp. Commc’ns S.p.A, 109 USPQ2d 1593, 1598 (TTAB 2014); TMEP §§1402.06(a), (b), 1402.07(a). Accordingly, applicant must amend the class heading(s) to identify specific goods and/or services that fall within the ordinary meaning of the words specified in the class heading(s). See 37 C.F.R. §2.32(a)(6); TMEP §§1402.06(a), (b), 1402.07(a).
The USPTO requires such specificity in order for a trademark examining attorney to examine the application properly and make appropriate decisions concerning possible conflicts between the applicant’s mark and other marks. See In re N.A.D. Inc., 57 USPQ2d 1872, 1874 (TTAB 2000); TMEP §1402.03(d).
Applicant must specify the nature of its goods as set forth below.
Applicant may adopt the following identification of goods, if accurate. The suggested additions are in bold-type and suggested deletions in strikethrough formatting.
International Class 9: “Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing,
measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating
or controlling the distribution or use of electricity; apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data [indefinite class
heading that can be deleted]; scientific apparatus and instruments, namely, computer hardware, computer peripherals, digital audio players and recorders, media players and
recorders, handheld digital electronic devices for recording, organizing transmitting, manipulating, and reviewing text, data, image, and audio files, wireless controllers
to monitor and control the functioning of other electronic devices, remote control transmitter for radio-controlled devices, stand-alone voice controlled
information devices in the nature of {specify common commercial name or specific item in Class 9}, stand-alone voice controlled personal assistant device{specify common commercial name or specific item in Class 9}, home automation control devices hubs comprised of voice-activated speakers, computer hardware, and
recorded software for {indicate function, e.g., controlling networked devices in the internet of things (IoT), and power adapters; apparatus for recording, transmission or reproduction of sound
or images; calculating machines, data processing equipment, and computers; downloadable computer software for {specify the function of
the software, e.g., for document management, for creating music videos, etc}; mobile devices for displaying data and video, namely, {specify common commercial name or specific
item in Class 9}; wearable computer hardware in the nature of smartwatches and wearable computer peripherals in the nature of wireless mice; cameras;
eyewear; eyewear accessories, namely, straps, neck cords and head straps which restrain eyewear from movement on a wearer; eyewear cases; optical glasses;
smartglasses; digital cameras; digital video cameras; video recorders; computer hardware and peripherals for remotely accessing, capturing, transmitting and displaying pictures, video, audio and
data; downloadable computer software and software applications for mobile phones, namely, software for use in uploading, downloading, capturing, editing, storing, distributing
and sharing photographic and video content and other digital data via global and local computer networks and via mobile devices; downloadable computer software for accessing and
transmitting data and content among consumer electronics devices and displays; optical lenses; sunglass lenses; eyeglass lenses; lenses for cameras; cases for spectacles, for pince-nez, and for
contact lenses; contact lenses; recorded and downloadable media, computer software, blank digital or analogue recording and storage media [italicized
wording is indefinite and unclear. It should be deleted or clarified]; mechanisms for coin-operated apparatus; cash registers, namely, calculating devices; computers and
computer peripheral devices; diving suits, divers' masks, ear plugs for divers, nose clips for divers and swimmers, diving gloves for divers, breathing apparatus for underwater
swimming; fire-extinguishing apparatus”
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.
OPTION TO DELETE FILING BASIS
Alternatively, as applicant has not yet submitted the foreign registration or otherwise perfected the Section 44(e) basis, applicant can amend the application to rely solely on the Section 1 basis and request deletion of the Section 44(e) basis.
Unless applicant indicates otherwise, the USPTO will presume that applicant is relying on both Sections 1(b) and 44(e). Thus, although the mark may be approved for publication, it will not register until an acceptable allegation of use has been filed for the goods and/or services based on Section 1(b).
GENERAL RESPONSE GUIDELINES
How to respond. Click to file a response to this nonfinal Office action
For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06
/Brittany Johnson/
Examining Attorney
Law Office 126
(571) 270-3731
brittany.johnson@uspto.gov
RESPONSE GUIDANCE