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:  September 16, 2020

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue(s) below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

AMENDED IDENTIFICATION OF GOODS AND SERVICES IS REQUIRED

 

A.    International Class 11

 

The identification of goods is indefinite in International Class 11 and must be clarified because these goods may also be classified in International Class 12 if they are structural components of refrigerated semi-trailers.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  For example, “refrigerated semi-trailer structural components, namely, cargo enclosures and barriers in the nature of bulkheads, air chutes, dividers, partitions, side and rear curtains and doors, airflow systems comprised primarily of {please specify the primary components of the airflow systems}” are classified in International Class 12.  Alternatively, if these goods are non-structural accessories, then the classification will be determined by each item.  For instance, “airflow systems comprised primarily of air diffusers being parts of refrigerators” and “transport refrigeration units for trucks, trailers and shipping containers” are classified in International Class 11.

 

B.     International Class 17

 

The goods identified in this international class are acceptable as worded.

 

C.     International Class 37

 

The services identified in this international class are acceptable as worded. 

 

D.    International Class 42

 

The wording in the identification of services is indefinite and must be clarified because additional information is required about these services.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant must amend this wording to specify the common commercial or generic name of the services.  See TMEP §1402.01.  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.  For instance, these services may be identified as “providing temporary use of non-downloadable cloud-based software for remote monitoring of environmental conditions and controlling devices within refrigerated semi-trailers, cargo enclosures and containers” or “electronic remote monitoring of environmental conditions and controlling devices within refrigerated semi-trailers, cargo enclosures and containers using computer software.”

 

The applicant may adopt the following amended identification of goods and services as follows, if accurate:

 

International Class 12:  Refrigerated semi-trailer structural components, namely, cargo enclosures and barriers in the nature of bulkheads, air chutes, dividers, partitions, side and rear curtains and doors, airflow systems comprised primarily of {please specify the primary components of the airflow systems}.

 

International Class 17:  Electric, thermal and acoustic insulators; Insulating blankets made of silica fibers; Insulating felt for use in boxes and containers where goods are packaged, shipped and transported in order to absorb humidity; Insulating refractory materials; Molded foam insulated container packing for commercial transportation; Thermal insulation covers for storage or transportation of goods, namely, thermal insulating blankets, thermal insulating jackets, thermal insulating textile covers, thermal insulating pallet covers.

 

International Class 37:  Repair and installation services of refrigerated semi-trailer accessories.

 

International Class 42:  Electronic remote monitoring of environmental conditions and controlling devices within refrigerated semi-trailers, cargo enclosures and containers using computer software.

 

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.

 

Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Generally, any deleted goods and/or services may not later be reinserted.  See TMEP §1402.07(e).

 

ASSISTANCE

 

Please call or email the assigned trademark examining attorney to resolve the issues in this Office action.  Although the USPTO does not accept emails as responses to Office actions, communication by phone or email is permissible to agree to proposed amendments to the application that will immediately place the application in condition for publication, registration, or suspension.  See 37 C.F.R. §2.62(c); TMEP §707.

 

SEARCH RESULTS

 

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.

 

RESPONSE TO OFFICE ACTION

 

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

 

 

/Tina L Snapp/

Examining Attorney

Law Office 116

571-272-9224

Informal Email Tina.Snapp@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 September 16, 2020 for

U.S. Trademark Application Serial No. 88960637

 

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. 

 

 

/Tina L Snapp/

Examining Attorney

Law Office 116

571-272-9224

Informal Email Tina.Snapp@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 September 16, 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.”