To: | Jem Accessories Inc. (trademarks@goldbergcohen.com) |
Subject: | U.S. Trademark Application Serial No. 88911959 - DIGIT - N/A |
Sent: | March 05, 2021 06:17:40 PM |
Sent As: | ecom112@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88911959
Mark: DIGIT
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Correspondence Address: |
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Applicant: Jem Accessories Inc.
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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: March 05, 2021
This application was approved for publication on January 20, 2021. See 37 C.F.R. §2.80. However, approval of the application has been withdrawn to address the issues below. See TMEP §706.01. The trademark examining attorney apologizes for any inconvenience this may cause applicant.
Identification of Goods
Identifications of goods should generally be comprised of generic everyday wording for the goods, and exclude proprietary or potentially-proprietary wording. See TMEP §§1402.01, 1402.09. A registered mark indicates origin in one particular party and so may not be used to identify goods that originate in a party other than that registrant. TMEP §1402.09 (citing Camloc Fastener Corp. v. Grant, 119 USPQ at 264 n.1).
**Please Note: Suggested acceptable descriptions appear in Bold/Italicized font.
Applicant may adopt the following identifications, if accurate:
International Class 09: Recorded and/or downloadable software application for controlling and customizing indoor and outdoor multi-color LED lighting products; Home automation hubs comprised of voice-activated speakers, computer hardware, and downloadable software for controlling and customizing wireless network enabled indoor and outdoor multi-color LED lighting products; Wireless indoor and outdoor speakers; Electronic charging devices for cell phones, tablets, PCs; lights for use with computer and video cameras; Customizable, voice, application, and wireless network controlled indoor and outdoor multi-color LED lighting products, namely, {applicant must specify the type of lighting products by common commercial name, e.g. LED signs}
International Class 11: Customizable, voice, application, and wireless network controlled indoor and outdoor multi-color LED lighting products, namely, {applicant must specify the type of lighting products by common commercial name, e.g. lighting fixtures}; Lights, namely, wall lights, ceiling lights and light bulbs
International Class 14: [ACCEPTABLE AS WRITTEN]
International Class 28: Customizable, voice, application, and wireless network controlled indoor and outdoor multi-color LED lighting products, namely, {applicant must specify the type of lighting products by common commercial name, e.g. toy LED light sticks}
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.
Classification
Multiple Class Application
(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 that are classified in at least 4 classes; however, applicant submitted fees sufficient for only 3 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 37 C.F.R. §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, see the Multiple-class Application webpage.
Fees
The fee for adding classes to a TEAS Standard application is $350 per class. See 37 C.F.R. §2.6(a)(1)(iii). For more information about adding classes to an application, see the Multiple-class Application webpage.
How to respond. Click to file a response to this nonfinal Office action.
/Jay K. Flowers/
United States Patent and Trademark Office
Trademark Examining Attorney
Law Office 112
571.272.8202
jay.flowers@uspto.gov
RESPONSE GUIDANCE