Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

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

 

 

 

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:  August 23, 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.

 

INTRODUCTION

This Office action is in response to applicant’s communication filed on June 8, 2021.

In a previous Office action(s) dated December 17, 2020, the trademark examining attorney noted applicant was required to satisfy the following requirement(s):  identification of goods, multiple-class application requirements, foreign registration required.

Based on applicant’s response, the trademark examining attorney notes that the following requirement(s) have been satisfied: foreign registration required. As requested, applicant’s Section 1(b) basis has been deleted.  See TMEP §§713.02, 714.04. 

Additionally, upon further review of the application, the examining attorney has determined that additional requirements pertaining to the identification of goods/multiple-class requirements must issue. Apologies are extended to the applicant for any inconvenience this may cause.

SUMMARY OF ISSUES that applicant must address:

• Identification of goods
• Multiple-class application requirements

IDENTIFICATION OF GOODS

The identification of goods and/or services 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 nature of the wording “propulsion and transmission mechanisms” is unclear.

The nature of the wording “Bodywork elements, namely, pontoons, spoilers, front panels, engine covers for go-karts” is indefinite because it is too broad. Cases for vehicle engines are properly classified in International Class 7.

Applicant may substitute the following, if accurate:

 

Class 7: Body work elements, namely, vehicle engine covers  for gokarts

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 mechanisms for go-karts, namely, internal combustion engines; 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, automotive exterior and interior metal decorative, protective trim and fitted covers for vehicles; 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

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 and/or services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 44:

 

(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 2 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 Section 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.

 

 

 

 

 

 

 

 

How to respond.  Click to file a response to this nonfinal Office action.    

 

 

/Gidette Cuello/

/Gidette Cuello/

Trademark Examining Attorney

Law Office 125

(571)272-1122

gidette.cuello@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 August 23, 2021 for

U.S. Trademark Application Serial No. 90175502

 

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. 

 

 

/Gidette Cuello/

/Gidette Cuello/

Trademark Examining Attorney

Law Office 125

(571)272-1122

gidette.cuello@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 August 23, 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.”