Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

FINAL 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) and/or Electronic System for Trademark Trials and Appeals (ESTTA).  A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action. 

 

 

Issue date:  June 21, 2021

 

INTRODUCTION

 

This Office action is in response to applicant’s communication filed on May 3, 2021.

 

Note, prior pending U.S. Application Serial No. 88717109 has since abandoned and no longer presents a potential bar against the instant application. In regards to U.S. Application No. 88238526, this mark has since registered, however, based on further review, the trademark examining attorney has concluded that this registration will not present a likelihood of confusion.

 

Consequently, the requirement for an acceptable classification and identification of goods and compliance with the multiple class application requirement are now made FINAL for the reasons set forth below.  See TMEP §§1402.01, 1402.03; 37 C.F.R. §2.63(b).

 

SUMMARY OF ISSUES MADE FINAL:

•Classification and Identification of Goods

•Multiple Class Application Requirements

 

CLASSIFICATION AND IDENTIFICATION OF GOODS

 

Applicant must clarify some of the wording in the identification of goods because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear the exact nature of the goods.  Further, this wording could identify goods in more than one international class. 

 

Applicant should note that any wording in bold italics below offers guidance and/or shows the changes being proposed for the identification of goods and/or services.  If there is wording in the applicant’s version of the identification of goods and/or services which should be removed, it will be shown with a line through it such as this: strikethrough.  When making its amendments, applicant should enter them in standard font, not in bold, in italics, underlined and/or in ALL CAPS.

 

Applicant may adopt the following classification and identification, if accurate:

 

CLASS 009: Computer vision software for firearms attaching to the weapon rail and intended to provide real-time information on marksmanship training, on marksmen's performance and on the means to improve their skills; Recorded computer vision software applications for firearms for use in firearm training programs; electronic apparatus and devices in the nature of ___________________{please state common commercial name of apparatus and devices, e.g., telescopic sights for firearms, reflex sights for firearms} for real-time analysis and management of marksmanship training results and means of improving marksmanship skills; integrated electronic devices in the nature of ___________________{please state common commercial name of apparatus and devices, e.g., telescopic sights for firearms, reflex sights for firearms} for measuring, checking, inspecting, monitoring and analyzing shooting training results and marksman performance; built-in devices for recording data on marksmanship results for improving marksman skills; information processing equipment in the nature of central processing units for processing information and computers in the field of marksmanship training and improvement of marksman skills; vision cameras integrated into firearms and linked to vision software; flashlights integrated into firearms and linked to vision software

 

CLASS 013: Preinstalled computer vision software sold as an integral component of firearms, attaching to the weapon rail and intended to provide real-time information on marksmanship training, on marksmen’s performance and on the means to improve their skills; preinstalled software built-in to firearms for recording data on marksmanship results for improving marksman skills; vision cameras sold as an integral component of firearms and linked to recorded vision software; flashlights sold as an integral component of firearms and linked to recorded vision software

 

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).

 

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 APPLICATION REQUIREMENTS

 

The application identifies goods in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):

 

(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 two classes; however, applicant submitted a fee(s) sufficient for only one 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 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, see the Multiple-class Application webpage.

 

CONCLUSION AND RESPONSE GUIDELINES

 

Applicant must respond within six months of the date of issuance of this final Office action or the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). Applicant may respond by providing one or both of the following:

 

How to respond.  Click to file a request for reconsideration of this final Office action that fully resolves all outstanding requirements and refusals and/or click to file a timely appeal to the Trademark Trial and Appeal Board (TTAB) with the required filing fee(s).

 

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. 

 

/Udeme U. Attang/

Udeme U. Attang

Examining Attorney

Law Office 115

571-272-9286

udeme.attang@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 June 21, 2021 for

U.S. Trademark Application Serial No. 90042369

 

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. 

 

 

/Udeme U. Attang/

Udeme U. Attang

Examining Attorney

Law Office 115

571-272-9286

udeme.attang@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 June 21, 2021, 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.”