To: | HP Hewlett Packard Group LLC (hptrademarks@hp.com) |
Subject: | U.S. Trademark Application Serial No. 88916588 - HP - N/A |
Sent: | August 05, 2021 12:57:34 PM |
Sent As: | ecom103@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88916588
Mark: HP
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Correspondence Address:
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Applicant: HP Hewlett Packard Group LLC
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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: August 05, 2021
This letter responds to the Statement of Use filed on July 20, 2021 (hereinafter, “SOU”).
The specimen submitted for the Class 040 services is acceptable.
REFUSAL: CLASS 001, 006, AND 017 SPECIMEN IMAGE ILLEGIBLE
THIS PARTIAL REFUSAL APPLIES ONLY TO THE GOODS SPECIFIED THEREIN
The SOU includes three identical images showing applicant’s mark on a box package above the designation “3D Material”; this image was provided as the specimen for goods in Classes 001, 006, and 017. The below refusal pertains to these images.
Specimen illegible. Registration is refused because the specimen in International Classes 001, 006, and 017 is illegible and does not show the applied-for mark as actually used in commerce. Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a), (c); TMEP §§904, 904.07(a), 1301.04(g)(i). An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark as actually used in commerce for each international class of goods and/or services identified in the statement of use. 15 U.S.C. §1051(a)(1); 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).
Specifically, although the mark and the wording “3D Material” is visible on the box in the specimen image, the remainder of the wording on the box package is illegible. As the same image was submitted for three different classes of goods identifying chemicals, metals, and plastics all used in 3D printing, it is unclear if the box shown is used in connection with any of the goods identified in each of those classes, since the content of the box is illegible. Applicant may be able to overcome this refusal by provided a higher-quality image of the original specimen, in which the specimen can be enlarged to view the wording on the package. The current specimen image is blurry when enlarged to read the wording on the package. Alternatively, applicant may wish to submit substitute specimens for each of these classes.
Examples of specimens. Specimens for goods include a photograph of (1) the actual goods bearing the mark; (2) an actual container, packaging, tag or label for the goods bearing the mark; or (3) a point-of-sale display showing the mark directly associated with the goods. See 37 C.F.R. §2.56(b)(1), (c); TMEP §904.03(a)-(m). A webpage specimen submitted as a display associated with the goods must show the mark in association with a picture or textual description of the goods and include information necessary for ordering the goods. TMEP §904.03(i); see 37 C.F.R. §2.56(b)(1), (c).
Any webpage printout or screenshot submitted as a specimen must include the webpage’s URL and the date it was accessed or printed on the specimen itself, within the TEAS form that submits the specimen, or in a verified statement under 37 C.F.R. §2.20 or 28 U.S.C. §1746 in a later-filed response. See 37 C.F.R. §2.56(c); TMEP §§904.03(i), 1301.04(a).
Response options. Applicant may respond to this refusal by satisfying one of the following for each applicable international class:
(1) Submit a true copy of the originally submitted specimen that is clear and legible, with a statement by the person who transmitted it that it is a true copy of the specimen that was originally submitted.
(2) Submit a different specimen (a verified “substitute” specimen) that (a) was in actual use in commerce prior to the expiration of the deadline for filing the statement of use and (b) shows the mark in actual use in commerce for the goods and/or services identified in the statement of use. A “verified substitute specimen” is a specimen that is accompanied by the following statement made in a signed affidavit or supported by a declaration under 37 C.F.R. §2.20: “The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior to expiration of the filing deadline for filing a statement of use.” The substitute specimen cannot be accepted without this statement.
Applicant may not withdraw the statement of use. 37 C.F.R. §2.88(f); TMEP §1109.17.
For an overview of the response options referenced above and instructions on how to satisfy these options using the online Trademark Electronic Application System (TEAS) form, see the Specimen webpage.
RESPONSE TO PARTIAL REFUSAL
If applicant does not respond to this Office action within the six-month period for response, the goods in International Class(es) 001, 006, and 017 will be deleted from the application. The application will then proceed with the services in International Class 040 only. See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
(1) Deleting the goods and/or services to which the refusal pertains;
(2) Filing a Request to Divide Application form (form #3) to divide out the goods that have not been refused registration, so that the mark may proceed toward registration for those services to which the refusal does not pertain. See 37 C.F.R. §2.87. See generally TMEP §§1110 et seq. (regarding the requirements for filing a request to divide). If applicant files a request to divide, then to avoid abandonment, applicant must also file a timely response to all outstanding issues in this Office action, including the refusal. 37 C.F.R. §2.87(e).
How to respond. Click to file a response to this nonfinal Office action.
/Kaelie E. Kung/
Examining Attorney
Law Office 103
571-272-8265
kaelie.kung@uspto.gov
RESPONSE GUIDANCE