To: | Sony Corporation (bhipdocket@bakerlaw.com) |
Subject: | U.S. Trademark Application Serial No. 90006647 - ELFE - 41279.3276 |
Sent: | August 06, 2020 03:56:03 PM |
Sent As: | ecom121@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90006647
Mark: ELFE
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Correspondence Address: 45 ROCKEFELLER PLAZA, 14TH FLOOR
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Applicant: Sony Corporation
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Reference/Docket No. 41279.3276
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 06, 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.
SEARCH
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.
SUMMARY OF ISSUES:
IDENTIFICATION OF GOODS
The table below outlines specific issues and provides suggestions.
Original Language |
Issue |
Suggestion |
Electronic image analysis equipment, namely, computers, all being used for use with a core library that generates discriminant algorithms by machine learning |
Acceptable |
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geiger counters |
Acceptable |
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cyclotrons |
Acceptable |
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industrial betatrons |
Acceptable |
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magnetic object detectors, seismic exploration machines and apparatus, hydrophones, echo sounders, ultrasonic flaw detectors, ultrasonic sensors, electronic door closing control systems and electron microscopes |
Overbroad
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International Class 007: electronic door closing control systems
International Class 009: magnetic object detectors, seismic exploration machines and apparatus, hydrophones, echo sounders, ultrasonic flaw detectors, ultrasonic sensors, and electron microscopes |
computer programs for data processing |
Indefinite |
downloadable computer programs for data processing |
computer software for a core library that generates discriminant algorithms by machine learning |
Indefinite |
downloadable computer software for a core library that generates discriminant algorithms by machine learning |
computer programs for machine learning |
Indefinite |
downloadable computer programs for machine learning |
computer programs for image analysis |
Indefinite |
downloadable computer programs for image analysis |
computer programs for numerical analysis in time series |
Indefinite |
downloadable computer programs for numerical analysis in time series |
personal digital assistants in the shape of a watch |
Acceptable |
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smartphones |
Acceptable |
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downloadable music files |
Acceptable |
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Applicant may adopt the following wording, if accurate:
International Class 007: Electronic door closing control systems
International Class 009: Electronic image analysis equipment, namely, computers, all being used for use with a core library that generates discriminant algorithms by machine learning; geiger counters; cyclotrons; industrial betatrons; magnetic object detectors, seismic exploration machines and apparatus, hydrophones, echo sounders, ultrasonic flaw detectors, ultrasonic sensors, and electron microscopes; downloadable computer programs for data processing; downloadable computer software for a core library that generates discriminant algorithms by machine learning; downloadable computer programs for machine learning; downloadable computer programs for image analysis; downloadable computer programs for numerical analysis in time series; personal digital assistants in the shape of a watch; smartphones; downloadable music files
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.
MULTIPLE-CLASS REQUIREMENTS
The application identifies goods and/or services that are classified in at least 2 classes; however, applicant submitted a fee(s) sufficient for only 1 class(es). In a multiple-class application, a fee for each class is required. 37 C.F.R. §2.86(a)(2), (b)(2); TMEP §§810.01, 1403.01. For more information about adding classes to an application, see the Multiple-class Application webpage.
Therefore, applicant must either (1) restrict the application to the number of classes covered by the fees already paid, or (2) submit the fees for each additional class.
(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 and/or services that are classified in at least 2 classes; however, applicant submitted a fee(s) sufficient for only 1 class(es). 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 44 multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, see the Multiple-class Application webpage.
The fee for adding classes to a TEAS Standard application is $275 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.
For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
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 refusal(s) and/or requirement(s) 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.
/Tricia L. Brown/
Examining Attorney
Law Office 121
(571) 270-7892
tricia.brown@uspto.gov
RESPONSE GUIDANCE