To: | Internet Group d.o.o. (TRADEMARKADMIN@LERNERDAVID.COM) |
Subject: | U.S. Trademark Application Serial No. 90174832 - TESLA - COMUSA.15 |
Sent: | January 27, 2021 12:18:55 PM |
Sent As: | ecom104@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90174832
Mark: TESLA
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Correspondence Address: LERNER, DAVID, LITTENBERG, KRUMHOLZ & ME
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Applicant: Internet Group d.o.o.
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Reference/Docket No. COMUSA.15
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: January 27, 2021
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 Results
Summary of Issues:
Prior Pending Applications
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 marks in the referenced applications. 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.
Additionally, the following informalities must be addressed.
Amendment of Identification of Goods
For “washing machines” in International Class 7, the applicant must indicate the specific use of the washing machines.
For “air conditioning devices,” “refrigerators,” “cookers,” and “ovens,” the applicant must indicate the specific type or use of the goods. For “laundry dryers,” the applicant must indicate that the goods are “electric” and for “kitchen ranges,” the applicant must indicate that the goods are for cooking.
Suggested amendments appear in bold, while wording that requires further clarification appears in italics. The correct classification for the goods/services also appears below.
Please note that the goods in International Class 9 are acceptable as written.
Applicant may adopt the following identification, if accurate:
“Washing machines for {INDICATE specific use, e.g., bottles, clothes, etc.}; dishwashers” in International Class 7;
“Air conditioning devices, namely, {INDICATE specific goods, e.g., air conditioning apparatus}; laundry dryers, electric; refrigerators, namely, {INDICATE specific type, e.g., electric refrigerator, gas refrigerator, laboratory refrigerator, kimchi refrigerator, etc.}; cookers, namely, {INDICATE specific type of cookers, e.g., electric rice cookers, electric bread cookers, gas cooker, etc.}; kitchen cooking ranges; ovens, namely, {INDICATE specific type, e.g., baking ovens, coffee roasting ovens, etc.}; electric cooktops; extractor hoods for kitchens; microwave ovens; and air purifiers” in International Class 11.
Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended. See TMEP §1402.06(a)-(b). The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification. TMEP §§1402.06(b), 1402.07(a)-(b). Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted. 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.
Response to Office Action
Response guidelines. 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.
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
How to respond. Click to file a response to this nonfinal Office action.
/Jenny Park/
Examining Attorney
Law Office 104
571-272-8857
jenny.park@uspto.gov
RESPONSE GUIDANCE