To: | MLAB Holding LLC (iplaw@etblaw.com) |
Subject: | U.S. Trademark Application Serial No. 88848326 - MES - 42398.50015 |
Sent: | June 09, 2020 03:37:30 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. 88848326
Mark: MES
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Correspondence Address:
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Applicant: MLAB Holding LLC
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Reference/Docket No. 42398.50015
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: June 09, 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.
SEARCH OF USPTO DATABASE OF MARKS
IDENTIFICATION AND CLASSIFICATION OF GOODS AND SERVICES
Class 9: Lighting controls
Class 11: solar powered lamps; solar light fixtures, namely, indoor and outdoor solar powered lighting units and fixtures; solar-powered all-weather lights
Class 35: on-line retail store services featuring lighting products
Class 36: facilitating and arranging for the financing of energy efficient products and services
Class 37: construction of renewable energy facilities, namely, solar, wind, and geothermal systems for electrical generation
Class 40: recycling of waste and rubbish
Class 42: design of solar photvoltaic systems
Additionally, applicant has provided the application fee(s) for only 1 international class(es). Thus, not all international classes in the application are covered by the application fee(s). Because of this disparity, applicant must clarify the number of classes for which registration is sought. See 37 C.F.R. §§2.32(d), 2.86.
Applicant may respond by (1) adding one or more international class(es) to the application, and reclassifying the above goods and/or services accordingly; or (2) deleting from the application the goods and/or services for all but the number of international class(es) for which the application fee was submitted. See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq. If applicant adds one or more international classes to the application, applicant must comply with the multiple-class application requirements specified in this Office action.
Additionally, the wording “construction of renewable energy facilities, namely, solar, wind, and geothermal systems for electrical generation” in the identification of services is indefinite and must be clarified because the specific nature of the renewable energy facilities is unclear. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Applicant may substitute the following wording, if accurate (changes shown in bold):
Class 9: Lighting controls
Class 11: solar powered lamps; solar light fixtures, namely, indoor and outdoor solar powered lighting units and fixtures; solar-powered all-weather lights
Class 35: on-line retail store services featuring lighting products
Class 36: facilitating and arranging for the financing of energy efficient products and services
Class 37: construction of renewable energy facilities, namely, solar, wind, and geothermal systems in the nature of power plants for electrical generation
Class 40: recycling of waste and rubbish
Class 42: design of solar photovoltaic systems
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 7 classes; however, applicant submitted a fee(s) sufficient for only 1 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.
The fee for adding classes to a TEAS Standard application is $275 per class. See 37 C.F.R. §2.6(a)(1)(iii). For more information about adding classes to an application, see the Multiple-class Application webpage.
RESPONSE GUIDELINES
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.
/Galina Gurok/
Examining Attorney
Law Office 126
571-270-3589
galina.gurok@uspto.gov
RESPONSE GUIDANCE