To: | LeCont S.r.l. (robyn@seiterlegalstudio.com) |
Subject: | U.S. Trademark Application Serial No. 90175502 - LEVANTO - N/A |
Sent: | December 17, 2020 02:12:45 PM |
Sent As: | ecom125@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90175502
Mark: LEVANTO
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Correspondence Address: 2500 BROADWAY, BLDG F, SUITE F-125
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Applicant: LeCont S.r.l.
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Reference/Docket No. N/A
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 17, 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.
SEARCH OF OFFICE’S DATABASE OF MARKS
The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
IDENTIFICATION OF GOODS
The identification of goods is indefinite and must be clarified to further specify the nature, use, or subject matter of certain items, as set out in bold below. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The examining attorney also notes that the wording “connecting rods for go-karts” must be clarified. This wording encompasses goods in multiple classes because connecting rods for engines are properly classified in International Class 7.
Similarly, covers for go-karts that are not fitted are properly classified in International Class 22, while seat covers that are not fitted are classified in International Class 24.
Finally, applicant’s identification for “Parts and fittings for vehicles” is indefinite because this wording encompasses goods in other classes, such as parts of motors and engines in International Class 7.
Applicant may substitute the following, if accurate:
International Class 7 [new class]
Connecting rods being engine parts for go-kart engines
International Class 12
Pneumatic tyres; Wheels, Tires for vehicle wheels, Valves for vehicle tires; Vehicle accessories, namely, trailer hitches, rooftop carriers, ski carriers, Mudguards, Anti-skid chains, Windscreens, Head rests, Safety belts for vehicle seats, Safety seats for children, for vehicles; Bicycle accessories, namely, dress guards for bicycles, luggage carriers for bicycles, bells, air pumps; Treads for retreading tires; Tire patches; Sports cars; Go-carts; go-kart frames; Go-kart engines; Propulsion and transmission mechanisms for go-carts; Transmission chains, pinions and transmission rings for go-carts; Torque converters for go-carts; Gears for go-carts; Couplings for go-carts; Transmission shafts for go-carts; Axles for go-carts; Connecting rods for go-carts other than parts for motors or engines; Gear boxes for go-carts; Housings for go-carts; Brakes for go-carts; Petrol tanks for go-carts; Suspension shock absorbers for go-carts; Shock absorbing springs for go-carts; Go-cart seats; Bucket seats for go-carts; Steering wheels for go-carts; Safety harness for go-carts; Covers for go-carts, fitted; Wheels for go-carts; Wheel rims for go-carts; Pneumatic tyres for go-carts; Inner tubes for pneumatic tyres for go-carts; Air pumps for go-carts; Mudguards for go-carts; Windscreens for go-carts; Bumpers for go-carts; Bodywork elements, namely, pontoons, spoilers, front panels, engine covers for go-karts; Hub caps for go-carts; Powered vehicles for use on land; Parts and fittings for vehicles, namely, {indicate goods}; Engines for land vehicles; Brakes for land vehicles; Petrol caps for vehicles; Shock absorbing springs for vehicles; Suspension shock absorbers for vehicles; Framing for land vehicles; Vehicle seats; Tyres for land vehicles; Casings for pneumatic tyres; Non-skid devices for vehicle tyres, namely, non-skid chains, non-skid studs; Tyres for vehicle wheels; Rims for vehicle wheels; Valves for vehicle tyres; Transmission chains for land vehicles; Chainwheels for land vehicles; Luggage nets for vehicles; Seat covers for vehicles, fitted; Air bags; Anti-theft devices for vehicles; Horns for vehicles; Anti-theft warning apparatus for motor cars; Mud guards; Signal arms for vehicles; Luggage carriers for vehicles; Brake pedals for land vehicles; Rearview mirrors; Linings for vehicles, namely, brake linings for vehicles
International Class 22 [new class]
Unfitted go-kart covers
International Class 24 [new class]
Unfitted vehicle seat covers
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
(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 4 classes; however, applicant submitted a fee(s) sufficient for only 1 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 Sections 1(b) and 44 multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, see the Multiple-class Application webpage.
FOREIGN REGISTRATION REQUIRED
An application with a Section 44(e) basis must include a true copy, photocopy, certification, or certified copy of a foreign registration from an applicant’s country of origin. 15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii); TMEP §§1004, 1004.01, 1016. In addition, an applicant’s country of origin must be a party to a convention or treaty relating to trademarks to which the United States is also a party, or must extend reciprocal registration rights to nationals of the United States by law. 15 U.S.C. §1126(b); TMEP §§1002.01, 1004.
Therefore, applicant must provide a copy of the foreign registration from applicant’s country of origin when it becomes available. TMEP §1003.04(a). A copy of a foreign registration must consist of a document issued to an applicant by, or certified by, the intellectual property office in applicant’s country of origin. TMEP §1004.01. If applicant’s country of origin does not issue registrations or Madrid Protocol certificates of extension of protection, applicant may submit a copy of the Madrid Protocol international registration that shows that protection of the international registration has been extended to applicant’s country of origin. TMEP §1016. In addition, applicant must also provide an English translation if the foreign registration is not written in English. 37 C.F.R. §2.34(a)(3)(ii); TMEP §1004.01(a)-(b). The translation should be signed by the translator. TMEP §1004.01(b).
If the foreign registration has not yet issued, or applicant requires additional time to procure a copy of the foreign registration (and English translation, as appropriate), applicant should so inform the trademark examining attorney and request that the U.S. application be suspended until a copy of the foreign registration is available. TMEP §§716.02(b), 1003.04(b).
If applicant cannot satisfy the requirements of a Section 44(e) basis, applicant may request that the mark be approved for publication based solely on the Section 1(b) basis. See 15 U.S.C. §§1051(b), 1126(e); 37 C.F.R. §2.35(b)(1); TMEP §§806.02(f), 806.04(b), 1003.04(b). Although the mark may be approved for publication on the Section 1(b) basis, it will not register until an acceptable allegation of use has been filed. See 15 U.S.C. §1051(c)-(d); 37 C.F.R. §§2.76, 2.88; TMEP §1103. Please note that, if the U.S. application satisfied the requirements of Section 44(d) as of the U.S. application filing date, applicant may retain the priority filing date under Section 44(d) without perfecting the Section 44(e) basis, provided there is a continuing valid basis for registration. See 37 C.F.R. §2.35(b)(3)-(4); TMEP §§806.02(f), 806.04(b).
Alternatively, applicant has the option to amend the application to rely solely on the Section 44(e) basis and request deletion of the Section 1(b) basis. See 37 C.F.R. §2.35(b)(1); TMEP §806.04. The foreign registration alone may serve as the basis for obtaining a U.S. registration. See 37 C.F.R. §2.34(a)(3); TMEP §806.01(d).
RESPONSE GUIDELINES
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.
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.
Cuello, Gidette
/Gidette Cuello/
Trademark Examining Attorney
Law Office 125
(571)272-1122
gidette.cuello@uspto.gov
RESPONSE GUIDANCE