To: | FURUKAWA ROCK DRILL USA, INC. (pto@rennerkenner.com) |
Subject: | U.S. Trademark Application Serial No. 90082645 - ENCORE - FKW.T0004 |
Sent: | November 24, 2020 06:27:24 PM |
Sent As: | ecom117@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90082645
Mark: ENCORE
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Correspondence Address: |
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Applicant: FURUKAWA ROCK DRILL USA, INC.
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Reference/Docket No. FKW.T0004
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: November 24, 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.
OFFICE SEARCH RESULTS
SUMMARY OF ISSUES
IDENTIFICATION OF SERVICES MUST BE CLARIFIED
Applicant may substitute the following wording, if accurate:
International Class 37: maintenance and repair of construction tools, namely, hydraulic breakers
International Class 40: Disassembly of products for others, namely, disassembly of construction tools, namely, hydraulic breakers
International Class 42: Quality control for others of construction tools, namely, hydraulic breakers; testing, analysis, and evaluation of construction tools, namely, hydraulic breakers to determine conformity with certification standards
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 should note the following additional requirement(s)
MULTIPLE-CLASS APPLICATION REQUIREMENTS
The application references goods and/or services based on use in commerce in more than one international class; therefore, applicant must satisfy all the requirements below for each international class:
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class (for example, International Class 3: perfume; International Class 18: cosmetic bags sold empty).
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). Specifically, the application identifies goods and/or services based on use in commerce that are classified in at least three classes; however, applicant submitted a fee(s) sufficient for only one class(es). Applicant must either (a) submit the filing fees for the classes not covered by the submitted fees or (b) restrict the application to the number of classes covered by the fees already paid.
(3) Submit verified dates of first use of the mark anywhere and in commerce for each international class. See more information about verified dates of use.
(4) Submit a specimen for each international class. The current specimen is acceptable for class(es) 37; and applicant needs a specimen for class(es) 40 and 42. See more information about specimens.
Examples of specimens. Specimens for services must show a direct association between the mark and the services and include: (1) copies of advertising and marketing material, (2) a photograph of business signage or billboards, or (3) materials showing the mark in the sale, rendering, or advertising of the services. See 37 C.F.R. §2.56(b)(2), (c); TMEP §1301.04(a), (h)(iv)(C).
Any webpage printout or screenshot submitted as a specimen must include the webpage’s URL and the date it was accessed or printed on the specimen itself, within the TEAS form that submits the specimen, or in a verified statement under 37 C.F.R. §2.20 or 28 U.S.C. §1746 in a later-filed response. See 37 C.F.R. §2.56(c); TMEP §§904.03(i), 1301.04(a).
(5) Submit a verified statement that “The specimen was in use in commerce on or in connection with the goods and/or services listed in the application at least as early as the filing date of the application.” See more information about verification.
See 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c).
For an overview of the requirements for a Section 1(a) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, see the Multiple-class Application webpage.
MARK DESCRIPTION MUST BE AMENDED
The following description is suggested, if accurate: The mark consists of the word “ENCORE” in blue stylized font with a blue diagonal line above the letter “C”.
RESPONSE
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.
/Miah Rosenberg LaMont/
Examining Attorney
Law Office 117
(571) 272-6170
miah.lamont@uspto.gov
RESPONSE GUIDANCE