Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

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

 

 

 

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 28, 2020

 

 

 

SEARCH OF OFFICE'S DATABASE OF MARKS

 

The trademark examining attorney will defer a complete review of the merits of the application, and a complete search of the USPTO database of registered and pending marks in part, until applicant clarifies the number of classes for which registration is sought and ensures the required filing fees for all specified classes have been paid.  See TMEP §§810.01, 1401.04; see also 15 U.S.C. §1112; 37 C.F.R. §2.86(a)(2), (b)(2).

 

The trademark examining attorney has searched the Office's database of registered and pending marks for goods and/or services in International Classes 21 and 35 only. 

 

The application was filed online as a Trademark Electronic Application System (TEAS) Standard application and therefore the filing fee per class was $275.  See 37 C.F.R. §2.6(a)(1)(iii); TMEP §810.  The application identifies goods and/or services in at least five class(es), which require a total of fees in the amount of $1,375.  Applicant submitted $550 with the application.  The submitted fee(s) is sufficient for only two class(es).

 

Applicant may respond to this issue by satisfying one of the following:

 

(1)       Specifying the number of classes for which registration is sought and provide the filing fees for all such classes.

 

(2)       Deleting class(es) from the application not covered by the fee(s) already submitted.

 

See TMEP §§810.01, 1401.04.

 

 

 

SUMMARY OF ISSUES:

 

• Section 2(d) refusal.
• Prior pending applications.
• Identification.

• Information.

 

 

 

SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION

Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 4918398.  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the attached registration.

 

 

The applicant has applied to register the mark ECOCOOL for:

 

 

Insulated and non-insulated fabric soft-sided containers, namely, lunch boxes, lunch bags; kitchen and household products; bioplastic coolers; recycled plastic coolers; recycled polyester bags; foam insulation and algae foam insulation sold as a component part of portable ice chests; portable containers for ice, food, and beverages, and parts therefore; insulated portable containers for ice, food, and beverages, and parts therefor; water and beverage coolers, all for household use; portable coolers for beverages and water; lunch kits consisting of portable containers housing one or more smaller utility containers such as plastic sandwich boxes and bottles, all for the temporary storage of food, beverages or other consumable liquids; freeze bottles sold empty; thermal insulated containers for food and beverage; water containers; portable coolers; portable ice chests for food and beverages; insulated coolers for water, food and beverage; insulated shipping containers; insulated bags for food or beverage for domestic use; insulated food bags for sandwiches, fruits, vegetables, salads; thermal insulated bags for food or beverages; reusable stainless steel insulated beverage ware sold empty, namely, tumblers, temperature-retaining beverage ware, water bottles, travel mugs; household containers for food; hydration containers for beverages; mugs; thermally insulated containers for food, beverage, and water containers; plastic drinkware and beverageware; glass drinkware and beverageware; silicone plastic drinkware and beverageware; and

 

 

Online retail store services featuring backpacks, t-shirts, cushions, outdoor furniture, picnic baskets sold empty, portable containers for ice, food, and beverages, and parts therefor, water and beverage coolers, all for household use, portable coolers for beverages and water, lunch kits consisting of portable containers housing one or more smaller utility containers such as plastic sandwich boxes and bottles, all for the temporary storage of food, beverages or other consumable liquids, freeze bottles sold empty, thermal insulated containers for food and beverage, water containers, portable coolers, portable ice chests for food and beverages, insulated coolers for water, food and beverage and insulated shipping containers; computer services, namely, providing online computer databases featuring consumer product reviews and comparisons, and merchandise descriptions and information; the foregoing services are offered through a traditional website and also through social media platforms. 

 

 

The registered mark is ECO COOL for adjustable beds, mattresses, box springs, and pillows.

 

 

Trademark Act Section 2(d) bars registration of an applied-for mark that is so similar to a registered mark that it is likely consumers would be confused, mistaken, or deceived as to the commercial source of the goods and/or services of the parties.  See 15 U.S.C. §1052(d).  Likelihood of confusion is determined on a case-by-case basis by applying the factors set forth in In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973) (called the “du Pont factors”).  In re i.am.symbolic, llc, 866 F.3d 1315, 1322, 123 USPQ2d 1744, 1747 (Fed. Cir. 2017).  Any evidence of record related to those factors need be considered; however, “not all of the DuPont factors are relevant or of similar weight in every case.”  In re Guild Mortg. Co., 912 F.3d 1376, 1379, 129 USPQ2d 1160, 1162 (Fed. Cir. 2019) (quoting In re Dixie Rests., Inc., 105 F.3d 1405, 1406, 41 USPQ2d 1531, 1533 (Fed. Cir. 1997)).

 

Although not all du Pont factors may be relevant, there are generally two key considerations in any likelihood of confusion analysis:  (1) the similarities between the compared marks and (2) the relatedness of the compared goods and/or services.  See In re i.am.symbolic, llc, 866 F.3d at 1322, 123 USPQ2d at 1747 (quoting Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1164-65, 64 USPQ2d 1375, 1380 (Fed. Cir. 2002)); Federated Foods, Inc. v. Fort Howard Paper Co.,544 F.2d 1098, 1103, 192 USPQ 24, 29 (C.C.P.A. 1976) (“The fundamental inquiry mandated by [Section] 2(d) goes to the cumulative effect of differences in the essential characteristics of the goods [or services] and differences in the marks.”); TMEP §1207.01. 

 

The overriding concern is not only to prevent buyer confusion as to the source of the goods and/or services, but to protect the registrant from adverse commercial impact due to use of a similar mark by a newcomer.  See In re Shell Oil Co., 992 F.2d 1204, 1208, 26 USPQ2d 1687, 1690 (Fed. Cir. 1993).  Therefore, any doubt regarding a likelihood of confusion determination is resolved in favor of the registrant.  TMEP §1207.01(d)(i); see Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1265, 62 USPQ2d 1001, 1003 (Fed. Cir. 2002); In re Hyper Shoppes (Ohio), Inc., 837 F.2d 463, 464-65, 6 USPQ2d 1025, 1026 (Fed. Cir. 1988).

 

 

 

Similarity of the Marks

 

In the present case, applicant’s proposed mark ECOCOOL is almost identical to the registered mark ECO COOL.  When comparing marks, “[t]he proper test is not a side-by-side comparison of the marks, but instead whether the marks are sufficiently similar in terms of their commercial impression such that [consumers] who encounter the marks would be likely to assume a connection between the parties.”  Cai v. Diamond Hong, Inc., 901 F.3d 1367, 1373, 127 USPQ2d 1797, 1801 (Fed. Cir. 2018) (quoting Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1368, 101 USPQ2d 1713, 1721 (Fed. Cir. 2012)); TMEP §1207.01(b).  The proper focus is on the recollection of the average purchaser, who retains a general rather than specific impression of trademarks.  In re Inn at St. John’s, LLC, 126 USPQ2d 1742, 1746 (TTAB 2018) (citing In re St. Helena Hosp., 774 F.3d 747, 750-51, 113 USPQ2d 1082, 1085 (Fed. Cir. 2014); Geigy Chem. Corp. v. Atlas Chem. Indus., Inc., 438 F.2d 1005, 1007, 169 USPQ 39, 40 (C.C.P.A. 1971)), aff’d per curiam, 777 F. App’x 516, 2019 BL 343921 (Fed. Cir. 2019); TMEP §1207.01(b).

 

In this instance, the respective marks create the same general overall commercial impression because the marks share the same sound, appearance, and connotation created by the wording ECO and COOL; the proposed and cited marks are almost completely identical. 

 

Furthermore, the likelihood of confusion is increased in this case because the goods and/or services are identical and/or are closely related.  Where the goods and/or services of an applicant and registrant are “similar in kind and/or closely related,” the degree of similarity between the marks required to support a finding of likelihood of confusion is not as great as in the case of diverse goods and/or services.  In re J.M. Originals Inc., 6 USPQ2d 1393, 1394 (TTAB 1987); see Shen Mfg. Co. v. Ritz Hotel Ltd., 393 F.3d 1238, 1242, 73 USPQ2d 1350, 1354 (Fed. Cir. 2004); TMEP §1207.01(b).

 

Thus, upon encountering applicant’s proposed mark ECOCOOL for the goods and/or services listed above and registrant’s mark ECO COOL for adjustable beds, mattresses, box springs, and pillows, consumers are likely to be confused and mistakenly believe that the respective identical and/or closely related goods and/or services emanate from a common source.

 

 

 

Relatedness of the Goods and/or Services

 

The respective goods and/or services of the parties are identical and/or are closely related.  The compared goods and/or services need not be identical or even competitive to find a likelihood of confusion.  See On-line Careline Inc. v. Am. Online Inc., 229 F.3d 1080, 1086, 56 USPQ2d 1471, 1475 (Fed. Cir. 2000); Recot, Inc. v. Becton, 214 F.3d 1322, 1329, 54 USPQ2d 1894, 1898 (Fed. Cir. 2000); TMEP §1207.01(a)(i).  They need only be “related in some manner and/or if the circumstances surrounding their marketing are such that they could give rise to the mistaken belief that [the goods and/or services] emanate from the same source.”  Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369, 101 USPQ2d 1713, 1722 (Fed. Cir. 2012) (quoting 7-Eleven Inc. v. Wechsler, 83 USPQ2d 1715, 1724 (TTAB 2007)); TMEP §1207.01(a)(i).

 

The applicant’s:

 

 

Insulated and non-insulated fabric soft-sided containers, namely, lunch boxes, lunch bags; kitchen and household products; bioplastic coolers; recycled plastic coolers; recycled polyester bags; foam insulation and algae foam insulation sold as a component part of portable ice chests; portable containers for ice, food, and beverages, and parts therefore; insulated portable containers for ice, food, and beverages, and parts therefor; water and beverage coolers, all for household use; portable coolers for beverages and water; lunch kits consisting of portable containers housing one or more smaller utility containers such as plastic sandwich boxes and bottles, all for the temporary storage of food, beverages or other consumable liquids; freeze bottles sold empty; thermal insulated containers for food and beverage; water containers; portable coolers; portable ice chests for food and beverages; insulated coolers for water, food and beverage; insulated shipping containers; insulated bags for food or beverage for domestic use; insulated food bags for sandwiches, fruits, vegetables, salads; thermal insulated bags for food or beverages; reusable stainless steel insulated beverage ware sold empty, namely, tumblers, temperature-retaining beverage ware, water bottles, travel mugs; household containers for food; hydration containers for beverages; mugs; thermally insulated containers for food, beverage, and water containers; plastic drinkware and beverageware; glass drinkware and beverageware; silicone plastic drinkware and beverageware; and

 

 

Online retail store services featuring backpacks, t-shirts, cushions, outdoor furniture, picnic baskets sold empty, portable containers for ice, food, and beverages, and parts therefor, water and beverage coolers, all for household use, portable coolers for beverages and water, lunch kits consisting of portable containers housing one or more smaller utility containers such as plastic sandwich boxes and bottles, all for the temporary storage of food, beverages or other consumable liquids, freeze bottles sold empty, thermal insulated containers for food and beverage, water containers, portable coolers, portable ice chests for food and beverages, insulated coolers for water, food and beverage and insulated shipping containers; computer services, namely, providing online computer databases featuring consumer product reviews and comparisons, and merchandise descriptions and information; the foregoing services are offered through a traditional website and also through social media platforms

 

are identical and/or are closely related to the registrant’s adjustable beds, mattresses, box springs, and pillows because the respective goods and/or services are marketed to the same type of customers in the same channels of trade. 

 

Determining likelihood of confusion is based on the description of the goods and/or services stated in the application and registration at issue, not on extrinsic evidence of actual use.  See In re Detroit Athletic Co., 903 F.3d 1297, 1307, 128 USPQ2d 1047, 1052 (Fed. Cir. 2018) (citing In re i.am.symbolic, llc, 866 F.3d 1315, 1325, 123 USPQ2d 1744, 1749 (Fed. Cir. 2017)).  

 

In this case, the application uses broad wording to describe household products, which presumably encompasses all goods of the type described, including registrant’s more narrow adjustable beds, mattresses, box springs, and pillows.  See, e.g., In re Solid State Design Inc., 125 USPQ2d 1409, 1412-15 (TTAB 2018); Sw. Mgmt., Inc. v. Ocinomled, Ltd., 115 USPQ2d 1007, 1025 (TTAB 2015).  Thus, applicant’s and registrant’s goods are legally identical.  See, e.g., In re i.am.symbolic, llc, 127 USPQ2d 1627, 1629 (TTAB 2018) (citing Tuxedo Monopoly, Inc. v. Gen. Mills Fun Grp., Inc., 648 F.2d 1335, 1336, 209 USPQ 986, 988 (C.C.P.A. 1981); Inter IKEA Sys. B.V. v. Akea, LLC, 110 USPQ2d 1734, 1745 (TTAB 2014); Baseball Am. Inc. v. Powerplay Sports Ltd., 71 USPQ2d 1844, 1847 n.9 (TTAB 2004)).

 

Additionally, the goods and/or services of the parties have no restrictions as to nature, type, channels of trade, or classes of purchasers and are “presumed to travel in the same channels of trade to the same class of purchasers.”  In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012) (quoting Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1268, 62 USPQ2d 1001, 1005 (Fed. Cir. 2002)).  Thus, applicant’s and registrant’s goods are related.

 

Moreover, the applicant’s services include “computer services, namely, providing online computer databases featuring consumer product reviews and comparisons, and merchandise descriptions and information” which must be presumed to include product reviews and comparisons, and merchandise descriptions and information about the registrant’s goods.

 

Therefore, because the marks are almost completely identical and the goods and/or services are closely related, there is a likelihood of confusion as to the source of applicant’s goods and/or services.  Consequently, the applicant’s mark is not entitled to registration.

 

Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration.

 

 

 

PRIOR PENDING APPLICATIONS

 

The filing dates of pending U.S. Application Serial Nos. 87440638, 88425971, and 88866817 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.

 

 

 

If applicant responds to the refusal(s), applicant must also respond to the requirement(s) set forth below.

 

 

 

IDENTIFICATION OF GOODS AND/OR SERVICES

 

The identification of goods and/or services is indefinite and must be clarified.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  The applicant must identify the goods and/or services specifically to provide public notice to the average person who does not have an in-depth knowledge of the relevant field(s) and to enable the USPTO to classify the goods and/or services properly and to reach informed judgments concerning likelihood of confusion under 15 U.S.C. §1052(d). 

 

In an identification, an applicant must use the common commercial or generic name for the goods and/or services, be specific and all-inclusive, and avoid using indefinite words or phrases.  TMEP§§1402.01, 1402.03(a).  If the goods have no common commercial or generic name, applicant must describe the product, its main purpose, and its intended uses.  See id.  If the services have no common commercial or generic name, applicant must describe or explain the nature of the services using clear and succinct language.  See id.  If applicable, open-ended terms (e.g., “including,” “such as”) must be deleted and replaced with a definite term, such as “namely,” “consisting of,” “particularly,” or “in particular.”  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03(a). 

 

The applicant should describe the goods and/or services using wording that would be generally understood by the average person.  See Schenley Indus., Inc. v. Battistoni, 112 USPQ 485, 486 (Comm’r Pats. 1957); Cal. Spray-Chem. Corp. v. Osmose Wood Pres. Co. of Am., 102 USPQ 321, 322 (Comm’r Pats. 1954); TMEP §1402.01. “[T]echnical, high-sounding verbiage” should be avoided.  Id., 102 USPQ at 322.

 

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.

 

In this case, the applicant must clarify the nature of the goods and properly classify the same.  The applicant should note that the international class should not be included in the identification, e.g., “021 -.”  The bolded wording and/or punctuation in the suggested identification below indicates a suggested addition(s) and/or amendment(s) to the applicant's current identification.   The applicant should refer to the suggested identification below for specific wording that requires clarification and/or reclassification. 

 

 

Applicant may adopt the following identification if accurate [changes in bold text]:

 

 

Kitchen products, namely, [list the common commercial or generic name for the goods, e.g., sponges impregnated with cleaning preparations.  If there is no common commercial or generic name for the goods, then the applicant must describe the product and its intended uses.] in International Class [specify – the class will depend on the nature of the goods – 3 for the example given];

 

 

Household products, namely, [list the common commercial or generic name for the goods, e.g., sanitizing preparations for household use.  If there is no common commercial or generic name for the goods, then the applicant must describe the product and its intended uses.] in International Class [specify – the class will depend on the nature of the goods – 5 for the example given];

 

 

Non-metal and non-paper insulated shipping containers in International Class 20;

 

 

Insulated and non-insulated fabric soft-sided containers, namely, lunch boxes, lunch bags; kitchen and household products, namely, [list the common commercial or generic name for the goods, e.g., abrasive pads for kitchen or domestic purposes.  If there is no common commercial or generic name for the goods, then the applicant must describe the product and its intended uses.]; non-electric portable bioplastic coolers; recycled non-electric portable plastic coolers; recycled polyester bags, namely, [list the common commercial or generic name for the goods, e.g., lunch bags.  If there is no common commercial or generic name for the goods, then the applicant must describe the product and its intended uses.]; foam insulation and algae foam insulation sold as a component part of portable ice chests for food and beverages; portable containers for ice, food, and beverages, and parts therefor, for household use; insulated portable containers for ice, food, and beverages, and parts therefor, for household use; non-electric portable water and beverage coolers, all for household use; non-electric portable coolers for beverages and water; lunch kits consisting of portable household containers housing one or more smaller utility household containers such as plastic sandwich boxes and bottles, all for the temporary storage of food, beverages or other consumable liquids; freeze bottles sold empty; thermal insulated containers for food and beverage; water containers, namely, [list the common commercial or generic name for the goods, e.g., reusable stainless steel water bottles sold empty.  If there is no common commercial or generic name for the goods, then the applicant must describe the product and its intended uses.]; non-electric portable coolers; portable ice chests for food and beverages; non-electric portable insulated coolers for water, food and beverage; reusable insulated shipping containers for food and/or beverage products; insulated bags for food or beverage for domestic use; insulated food bags for sandwiches, fruits, vegetables, salads; thermal insulated bags for food or beverages; reusable stainless steel insulated beverage ware sold empty, namely, tumblers, temperature-retaining beverageware, water bottles sold empty, travel mugs; household containers for food; hydration containers for beverages, namely, [list the common commercial or generic name for the goods, e.g., hydration packs containing a fluid reservoir, delivery tube, and mouthpiece.  If there is no common commercial or generic name for the goods, then the applicant must describe the product and its intended uses.]; mugs; thermally insulated containers for food, beverage and water containers, namely, [list the common commercial or generic name for the goods, e.g., insulated containers.  If there is no common commercial or generic name for the goods, then the applicant must describe the product and its intended uses.]; plastic drinkware and beverageware; glass drinkware and beverageware; silicone plastic drinkware and beverageware in International Class 21;

 

 

Online retail store services featuring backpacks, t-shirts, cushions, outdoor furniture, picnic baskets sold empty, portable containers for ice, food, and beverages, and parts therefor, water and beverage coolers, all for household use, portable coolers for beverages and water, lunch kits consisting of portable containers housing one or more smaller utility containers such as plastic sandwich boxes and bottles, all for the temporary storage of food, beverages or other consumable liquids, freeze bottles sold empty, thermal insulated containers for food and beverage, water containers, portable coolers, portable ice chests for food and beverages, insulated coolers for water, food and beverage and insulated shipping containers; computer services, namely, providing online computer databases featuring consumer product reviews and comparisons, and merchandise descriptions and information; the foregoing services are offered through a traditional website and also through social media platforms in International Class 35.

 

 

 

Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted.  TMEP §1402.07(e).

 

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 Sections 1(b) and/or 44:

 

(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 five classes; however, applicant submitted a fee(s) sufficient for only two 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 Sections 1(b) and/or 44 multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, see the Multiple-class Application webpage.

 

 

 

 

INFORMATION ABOUT GOODS/SERVICES REQUIRED

 

To permit proper examination of the application, applicant must submit additional information about applicant’s goods and/or services.  See 37 C.F.R. §2.61(b); TMEP §814.  The information requested below is reasonably necessary to the examination of the application because it will provide a more in-depth understanding of the mark, goods and/or services, and/or issue(s) at hand.  TMEP §814.

 

Factual information about the goods must clearly indicate how they operate, their salient features, and their prospective customers and channels of trade.  Factual information about the services must clearly indicate what the services are and how they are rendered, their salient features, and their prospective customers and channels of trade.  Conclusory statements will not satisfy this requirement for information.

 

Failure to comply with a request for information is grounds for refusing registration.  In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814. 

 

Merely stating that information about the goods and/or services is available on applicant’s website is an insufficient response and will not make the relevant information of record.  See In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004).

 

 

The applicant must directly and completely answer the following question(s) and/or provide the information requested:

 

 

1.  Does ECOCOOL have any significance as applied to the goods and/or services other than trademark and/or service mark significance? 

 

 

2.  Does ECOCOOL have any significance in the relevant trade or industry other than trademark and/or service mark significance? 

 

 

3.  If available, the applicant will provide a website address at which the goods are offered and/or the mark is used.  If no website is available, then the applicant will state this fact for the record.

 

 

4.  Does the applicant manufacture or offer any of the goods and/or services that appear in the registrant’s and/or prior pending applicants’ identification of goods and/or services?

 

 

 

QUESTIONS ABOUT THIS ACTION

 

If the applicant has technical questions about the TEAS response to Office action form, the applicant may send technical questions to the TEAS Support Team at TEAS@uspto.gov via e-mail.  Please include your name, telephone number, serial number and/or registration number, a description of the issue, including the name of the TEAS form you are having problems with (e.g., “Response to Office Action Form,” “Request for Extension of Time to File a Statement of Use,” etc.), and a screen shot of any error message that you are receiving.  You should receive a response within two (2) hours if the e-mail message is submitted during normal business hours. 

 

 

For status inquiries or copies of documents, an applicant may check the status of or view documents filed in an application or registration using the Trademark Status and Document Retrieval (TSDR) system twenty-four (24) hours a day, seven (7) days a week.  Enter the application serial number or registration number and click on “Status” or “Documents.”  Do not attempt to check status until approximately four to five (4-5) days after submission of a filing, to allow sufficient time for all USPTO databases to be updated.  For help in resolving technical glitches, please email TSDR@uspto.gov.

 

 

For all other non-legal matters, including petitions to revive or reinstate an application, please contact the Trademark Assistance Center (TAC).  TAC may be reached by e-mail at TrademarkAssistanceCenter@uspto.gov or by telephone at (800) 786-9199.  For non-technical matters, TAC is open from 8:30 a.m. to 8:00 p.m. Eastern Standard Time (EST), Monday through Friday, except on federal government holidays.  A list of federal government holidays is available at the following website: http://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/.

 

 

If applicant has questions regarding the legal issues in this Office action, please call the assigned trademark examining attorney.

 

 

 

How to respond.  Click to file a response to this nonfinal Office action.    

 

 

/Brian Pino/

Examining Attorney

Law Office 114

571.272.9209 Telephone

Brian.Pino2@uspto.gov

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA 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 July 28, 2020 for

U.S. Trademark Application Serial No. 88891669

 

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. 

 

 

/Brian Pino/

Examining Attorney

Law Office 114

571.272.9209 Telephone

Brian.Pino2@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 July 28, 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.”