To: | ABB Asea Brown Boveri Ltd (mail@iphorgan.com) |
Subject: | U.S. Trademark Application Serial No. 88903791 - ABB CHARGERSYNC - ABB 14708 US |
Sent: | July 31, 2020 03:41:30 PM |
Sent As: | ecom123@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88903791
Mark: ABB CHARGERSYNC
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Correspondence Address: |
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Applicant: ABB Asea Brown Boveri Ltd
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Reference/Docket No. ABB 14708 US
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 31, 2020
INTRODUCTION
The referenced application and preliminary amendment have been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue 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
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 disclaim the wording “CHARGERSYNC” 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).
Here, the wording “charger” means “a device for charging storage batteries”. See http://www.merriam-webster.com/dictionary/charger. Additionally, the wording “sync” is short for “synchronize” and in technical terms means to merge or synchronize something with your computer. See http://techterms.com/definition/sync. Collectively and in light of these definitions, the wording merely describes a feature of applicant’s goods and services, namely that applicant’s mobile applications will be synchronized or merged with electric vehicle batteries. Furthermore, third parties also use this wording to describe similar goods and services. See http://www.driveelectricmn.org/pilot-project-gets-solar-panels-in-sync-with-electric-vehicle-chargers/ and http://casecruzer.com/gopro-chargers/gopro-sync-charge-15.html. Thus, the wording must be disclaimed.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “CHARGERSYNC” 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.
TELEPHONE/EMAIL FOR CLARIFICATION RECOMMENDED
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 requirement 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.
/Collier L Johnson II/
Collier L Johnson II
Examining Attorney
Law Office 123
571-270-0878
collier.johnson@uspto.gov
RESPONSE GUIDANCE