To: | Nikola Corporation (ipdocket@swlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88942097 - NKLA - 75250.07900 |
Sent: | September 08, 2020 03:37:54 PM |
Sent As: | ecom119@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88942097
Mark: NKLA
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Correspondence Address: |
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Applicant: Nikola Corporation
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Reference/Docket No. 75250.07900
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: September 08, 2020
SEARCH OF USPTO DATABASE OF MARKS
IDENTIFICATION INDEFINITE – AMENDMENT REQUIRED
The word “clothing” is indefinite and must be amended. Applicant must clarify the specific type of clothing.
Applicant may adopt the following identification, if accurate:
Class 25- Clothing, namely, (applicant to specify, e.g., shirts, etc.); Articles of clothing, namely, t-shirts, shirts, sweatshirts, hooded sweatshirts, jackets, hats; headgear, namely, sports hats, caps, and sun visors
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).
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.
RESPONDING TO THIS OFFICE ACTION
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.
/Schmidt, John/
Examining Attorney, Law Office 119
United States Patent and Trademark Office
(571) 272-7082
john.schmidt@uspto.gov
RESPONSE GUIDANCE