To: | R-ZERO SYSTEMS, INC. (pctrademarks@perkinscoie.com) |
Subject: | U.S. Trademark Application Serial No. 90121184 - ARC - 138134.4000 |
Sent: | December 14, 2020 04:41:16 PM |
Sent As: | ecom117@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90121184
Mark: ARC
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Correspondence Address:
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Applicant: R-ZERO SYSTEMS, INC.
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Reference/Docket No. 138134.4000
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: December 14, 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.
PRIOR-FILED APPLICATION
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
IDENTIFICATION OF GOODS IN INTERNATIONAL CLASS 11
The wording in the identification of goods in International Class 11 is unacceptable as written because it fails to indicate the nature of the applied-for goods with sufficient specificity. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
- The wording “ultraviolet ray lamps used for sanitizing interiors of buildings …” must be amended to clarify that the goods are not for medical purposes to ensure proper classification in Class 11.
- The wording “sanitizing apparatus using ultraviolet light …” must be amended to clarify that the goods are not for medical purposes to ensure proper classification in Class 11.
Applicant may adopt the following identification, if accurate (changes highlighted in bold italic):
International Class 11:
Ultraviolet ray lamps used for sanitizing interiors of buildings, namely, hospital rooms, medical offices, commercial businesses, restaurants, hotels, and government building interiors, not for medical purposes; sanitizing apparatus using ultraviolet light for sanitizing commercial business, restaurant, hotel, and government building interiors, not for medical purposes
SCOPE ADVISORY
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.
How to respond. Click to file a response to this nonfinal Office action.
Alexandra Foster
/Alexandra Foster/
Trademark Examining Attorney
Law Office 117
(571) 272-5111
alexandra.foster1@uspto.gov
RESPONSE GUIDANCE