To: | PowerPak Civil & Safety (chris@daylawfirm.com) |
Subject: | U.S. Trademark Application Serial No. 88885253 - ALTOR SAFETY - N/A |
Sent: | July 23, 2020 01:12:17 PM |
Sent As: | ecom109@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88885253
Mark: ALTOR SAFETY
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Correspondence Address: 9977 NORTH 90TH STREET, SUITE 155
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Applicant: PowerPak Civil & Safety
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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 23, 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.
Summary of Issues:
Search Results – Two Potentially Conflicting Marks Found
The trademark examining attorney has searched the USPTO’s database of registered and pending marks and has found no similar registered marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d). However, marks in prior-filed pending applications may present a bar to registration of applicant’s mark.
The filing dates of pending U.S. Application Serial Nos. 87802753 and 88546255 precede applicant’s filing date. See attached referenced applications. If one or more of the marks in the referenced applications register, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion with the registered mark(s). See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq. Therefore, upon receipt of applicant’s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced applications.
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 marks in the referenced applications. 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.
Disclaimer Required
Applicant must disclaim the wording “SAFETY” because it is merely descriptive of an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s goods and/or services. See 15 U.S.C. §1052(e)(1); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012); TMEP §§1213, 1213.03(a).
The attached evidence from the online American Heritage® Dictionary shows this wording SAFETY means, “[t]he condition of being safe; freedom from danger, risk, or injury.” http://www.ahdictionary.com/word/search.html?q=safety. Since the listed goods are personal protection and sanitizing products bought and used to minimize health threats and infection exposure, the term SAFETY directly describes the purpose for such goods.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “SAFETY” apart from the mark as shown.
For an overview of disclaimers and instructions on how to provide one using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
Identification of Goods Requires Amendment
The identification of goods is indefinite and must be clarified because some entries are vague and/or they fail to indicate the nature of the goods. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must amend this wording to specify the common commercial or generic name of the goods. See TMEP §1402.01. If the goods have no common commercial or generic name, applicant must describe the product, its main purpose, and its intended uses. See id. Specifically:
The applicant may adopt the following descriptions, if accurate (added language in bold and underlined;
deleted language struck; comments in bold and italicized):
Class 5: Hand sanitizer preparations; disposable {specify function, e.g., disinfecting, antibacterial} wipes; sanitizing preparations for {specify use, e.g., hospital, commercial household} use; cleaning preparations
Class 9: Personal protective
products, namely, {provide common commercial name of goods, e.g., protective eyewear, protective helmets}; protective face masks for the prevention of accident or injury;, protective {specify type of shields, e.g.,
industrial face, riot} shields;, protective glasses;, protective work
gloves
Class 10: Personal protective products, namely, protective gloves for medical use; Sanitary masks for protection against viral infection
Multiple Class Application Requirements
The application identifies goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):
(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 fees already paid (view the USPTO’s current fee schedule at http://www.gov.uspto.report/trademarks/tm_fee_info.jsp). The application identifies goods that are classified in at least 3 classes; however, applicant submitted fees sufficient for only 2 classes. 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 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 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, please go to http://www.gov.uspto.report/trademarks/law/multiclass.jsp.
Advisory: Potential Swiss Coat of Arms – Unlawful Use Refusal – ITU Application
Applicant is advised that, upon consideration of an allegation of use, registration may be refused on the ground that the applied-for mark is not in lawful use in commerce. Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; see TMEP §1205.01. Specifically, such refusal may issue if the specimen shows that the applied-for mark consists of or includes the coat of arms of the Swiss Confederation, which is protected by statute and its use for trade or commercial purposes is prohibited. See 18 U.S.C. §708; TMEP §1205.01. The coat of arms of the Swiss Confederation consists of a white Greek cross on a red triangular shield. See 18 U.S.C. §708.
How to respond. Click to file a response to this nonfinal Office action.
/Heather D. Thompson/
Trademark Examining Attorney
Law Office 109
Tel: 571.272.9287
Email: heather.thompson1@uspto.gov
RESPONSE GUIDANCE