To: | AAC COMMUNICATION TECHNOLOGIES (CHANGZHO ETC. (efiling@knobbe.com) |
Subject: | U.S. Trademark Application Serial No. 88890004 - AACWLG WAFER-LEVEL-GLASS - UNI007.016TU |
Sent: | August 04, 2020 08:53:16 PM |
Sent As: | ecom106@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88890004
Mark: AACWLG WAFER-LEVEL-GLASS
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Correspondence Address: KNOBBE MARTENS OLSON & BEAR LLP
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Applicant: AAC COMMUNICATION TECHNOLOGIES (CHANGZHO ETC.
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Reference/Docket No. UNI007.016TU
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: August 04, 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.
SUMMARY OF ISSUES:
SEARCH OF USPTO DATABASE OF MARKS
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.
DISCLAIMER REQUIRED
As shown by the attached Internet evidence from http://www.techbriefs.com/component/content/article/tb/supplements/ptb/features/articles/10971 and http://www.photonics.com/Articles/High-Precision_Wafer-Level_Optics_Fabrication_and/a45233, the term “wafer-level” is commonly used to describe a manufacturing process used in the camera/optics industry, and to the products resulting from such process, in which wafer-sized “masters” are stacked to produce optical lenses and cameras.
The additional attached evidence from http://www.himax.com.tw/products/wafer-level-optics/ and http://www.evgroup.com/technologies/wafer-level-optics/ shows that “wafer-level” manufacturing is commonly employed by producers of optical products. Indeed, the attached evidence from http://www.prnewswire.com/news-releases/aac-technologies-to-provide-high-quality-lenses-for-pelican-imaging-array-camera-module-300016485.html shows that the applicant itself “uses advanced wafer-level optics to produce lenses for mobile handset manufacturers [emphasis added].”
Next, the term “glass” is defined as “a hard, brittle substance, typically transparent or translucent, made by fusing sand with soda, lime, and sometimes other ingredients and cooling rapidly.” The identification of goods in the application includes “optical glasses” and “optical lens blanks made of glasses.” Thus, the term “GLASS” in the mark merely describes a material from which applicant’s goods are comprised.
In fact, the attached evidence from the following websites shows that the full wording “wafer-level glass” is commonly used in the relevant industry such that consumers for applicant’s goods would readily understand that this wording as describing a feature of applicant’s goods:
Although the applicant may claim to be the first user of the wording “WAFER-LEVEL-GLASS” or that it pioneered the technology and manufacturing processes it describes, this does not obviate the overall descriptive significance of the relevant wording. In this case, the evidence shows that this wording is merely descriptive. See In re Fat Boys Water Sports LLC, 118 USPQ2d 1511, 1514 (TTAB 2016); In re Phoseon Tech., Inc., 103 USPQ2d 1822, 1826 (TTAB 2012); TMEP §1209.03(c).
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “WAFER-LEVEL-GLASS” 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.
CLARIFICATION OF ENTITY TYPE REQUIRED
Alternatively, if applicant maintains that the legal entity in the application properly identifies applicant’s entity type, applicant must provide an explanation as to why the identified entity type is more similar to a “corporation” in this instance than to the legal entities listed in TMEP Appendix D. See id.
If, in response to the above request, applicant provides information indicating that it is not the owner of the mark, registration will be refused because the application was void as filed. See 37 C.F.R. §2.71(d); TMEP §§803.06, 1201.02(b). An application must be filed by the party who owns or is entitled to use the mark as of the application filing date. See 37 C.F.R. §2.71(d); TMEP §1201.02(b).
UNSIGNED APPLICATION
The following statements must be verified: That applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; that applicant believes applicant is entitled to use the mark in commerce on or in connection with the goods or services specified in the application; that to the best of the signatory’s knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive; and that the facts set forth in the application are true. 37 C.F.R. §§2.33(b)(2), (c), 2.34(a)(2), (a)(3)(i), (a)(4)(ii).
For more information about the verified statement and instructions on providing one using the online Trademark Electronic Application System (TEAS) response form, see the Verified statement webpage.
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.
ASSISTANCE
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.
/J. Evan Mucha/
J. Evan Mucha
Examining Attorney
Law Office 106
571-270-1989
evan.mucha@uspto.gov
RESPONSE GUIDANCE