Priority Action

United States Patent and Trademark Office (USPTO)

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

 

 

 

PRIORITY ACTION

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 20, 2020

 

 

USPTO database searched; no conflicting marks found.  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.

 

Applicant must address issues shown below.  On June 17, 2020, the examining attorney and Boris Umansky discussed the issues below.  Applicant must timely respond to these issues.  See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.

 

SUMMARY OF ISSUES:

 

• REQUIREMENT -- IDENTIFICATION OF GOODS.

 

REQUIREMENT -- IDENTIFICATION OF GOODS

 

Applicant must clarify the wording “software” in the identification of goods and/or services in International Class(es) 009 because it is indefinite.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods and/or services are.

 

Applicant may substitute the following wording, if accurate:

 

International Class 009

 

Audio speakers; Audio electronic components, namely, surround sound systems; Headphones; Combination electronic devices consisting of an MP3 player and a wearable wireless headset sold as a single unit; Combination electronic devices consisting of an MP3 player and wearable wireless earphones sold as a single unit; Wireless headsets for telephones, mobile phones, cellular phones, smartphones, computers and tablet computers incorporating a sensor for detecting whether the headset is on or off; Wireless earphones incorporating a sensor for detecting whether the earphone is on or off; Combination electronic devices sold as a single unit comprised of a wireless headset, central processing unit and downloadable software that incorporates and provides fitness guides for users; Wireless headsets for use with mobile phones, cellular phones, smartphones, and tablet computers and sold as a single unit with accompanying software to download into mobile devices to incorporate and provide fitness guides for users; Combination electronic devices sold as a single unit comprised of wireless earphones, a central processing unit and downloadable software that incorporates and provides fitness guides for users; Wireless earphones for use with mobile phones, cellular phones, smartphones, and tablet computers and sold as a single unit with accompanying software to download into mobile devices to incorporate and provide fitness guides for users; Combination electronic devices sold as a single unit comprised of a wireless headset, central processing unit and downloadable software for measuring distance, speed, time, change in heart rate, activity level and calories burned for users; Wireless headsets for use with mobile phones, cellular phones, smartphones, and tablet computers and sold as a single unit with accompanying software to download into mobile devices for measuring distance, speed, time, change in heart rate, activity level and calories burned for users; Combination electronic devices sold as a single unit comprised of wireless earphones, a central processing unit and downloadable software for measuring distance, speed, time, change in heart rate, activity level and calories burned for users; Wireless earphones for use with mobile phones, cellular phones, smartphones, and tablet computers and sold as a single unit with accompanying software to download into mobile devices for measuring distance, speed, time, change in heart rate, activity level and calories burned for users; Earphones; all the aforementioned products in the field of consumer audio market.

 

Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Generally, any deleted goods and/or services may not later be reinserted.  See 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.

 

Response guidelines.  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.

 

Please call or email the assigned trademark examining attorney with questions about this Office action.  Although an examining attorney cannot provide legal advice, the examining attorney can provide additional explanation about the refusal(s) and/or requirement(s) in this Office action.  See TMEP §§705.02, 709.06. 

 

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.

 

 

/Jeff Molinoff/

Jeffrey S Molinoff

US Patent & Trademark Office

Examining Attorney

Law Office 122

571.272.7290

jeffrey.molinoff@uspto.gov

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS 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 June 20, 2020 for

U.S. Trademark Application Serial No. 88889283

 

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. 

 

 

/Jeff Molinoff/

Jeffrey S Molinoff

US Patent & Trademark Office

Examining Attorney

Law Office 122

571.272.7290

jeffrey.molinoff@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 June 20, 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.”