To: | SunPower Corporation (tmcentral@pirkeybarber.com) |
Subject: | U.S. Trademark Application Serial No. 90021263 - SUNVAULT - SPWR244US |
Sent: | October 08, 2020 12:53:29 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. 90021263
Mark: SUNVAULT
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Correspondence Address: 1801 EAST 6TH STREET, SUITE 300
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Applicant: SunPower Corporation
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Reference/Docket No. SPWR244US
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: October 08, 2020
Phone/Email Response Suggested:
Applicant is encouraged to call or email the assigned trademark examining attorney below to resolve the issues in this Office action. Although the USPTO will not accept an email as a response to an Office action, an applicant can communicate by phone or email to agree to a proposed amendment 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.
Introduction:
Search of Office’s Database of Marks:
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
Summary of Issues:
Identification of Goods – Amendment Required:
The wording listed below from the identification of goods is indefinite and must be clarified for the reasons stated. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording “energy storage systems sold as a unit comprised of batteries, inverters and controllers” in the identification of goods is indefinite and must be clarified because the purpose of “controllers” is unclear. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must amend this wording to specify the purpose of the controllers, e.g., “energy storage systems sold as a unit comprised of batteries, inverters and power controllers.” See TMEP §1402.01.
The wording “electrical distribution boards and electrical distribution panels” in the identification of goods is indefinite and must be clarified because the purpose of the goods is unclear. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must amend this wording to specify the nature of the goods, e.g., “electrical power distribution boards and electrical power distribution panels. See TMEP §1402.01.
To address the above issues, applicant may adopt any or all of the following identifications, with the necessary information added, if accurate (proposed changes shown in bold typeface):
International Class 009: Batteries and battery systems for storing and discharging electric energy from solar panels or power grids; energy storage systems sold as a unit comprised of batteries, inverters and power controllers; electrical power distribution boards and electrical power distribution panels
For assistance with identifying and classifying goods in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
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.
How to respond. Click to file a response to this nonfinal Office action.
/Anna Oakes/
Anna J. Oakes
Examining Attorney
Law Office 103
(571) 272-2569
aoakes1@uspto.gov
RESPONSE GUIDANCE