To: | BROWN & WATSON INTERNATIONAL PTY LTD (lstrademark@lowenstein.com) |
Subject: | U.S. Trademark Application Serial No. 90185023 - 40SEC RAPID RECHARGE - 37443.7 |
Sent: | January 25, 2021 10:34:23 AM |
Sent As: | ecom105@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 Attachment - 18 Attachment - 19 Attachment - 20 Attachment - 21 Attachment - 22 Attachment - 23 Attachment - 24 Attachment - 25 Attachment - 26 Attachment - 27 Attachment - 28 Attachment - 29 Attachment - 30 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90185023
Mark: 40SEC RAPID RECHARGE
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Correspondence Address:
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Applicant: BROWN & WATSON INTERNATIONAL PTY LTD
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Reference/Docket No. 37443.7
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 25, 2021
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
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.
COMPLETE MARK DESCRIPTION REQUIRED:
The following description is suggested, if accurate:
The mark consists of the black colored literal elements “40SEC RAPID RECHARGE” in a stacked formation placed inside the black colored outline of a stylized battery. The top right portion of the battery border is a gap. There is a blue circular shaped broken arrow design surrounding the battery in a clockwise direction with the arrowhead above the top right portion of the battery. The broken tail portions of the circular shaped broken arrow are comprised of five blue colored sections increasing in size in a clockwise direction. The color white inside the battery represents background and/or transparent areas and is not part of the mark.
The color(s) blue and black is/are claimed as a feature of the mark.
DISCLAIMER OF “40 SEC RAPID RECHARGE” REQUIRED:
Applicant must disclaim the wording “40 SEC RAPID RECHARGE” because it is merely descriptive of an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s goods. See 15 U.S.C. §1052(e)(1); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012); TMEP §§1213, 1213.03(a).
“40” refers to “forty” and “a number equal to four times 10”. See attachments from <http://www.merriam-webster.com/dictionary/forty>.
“Sec” is the abbreviation for “second”. See attachments from <http://www.merriam-webster.com/dictionary/sec>.
“Rapid” means “very fast”. See attachments from <http://www.merriam-webster.com/dictionary/rapid>.
“Recharge” means “to refill (a battery) with electricity”. See attachments from <http://www.merriam-webster.com/dictionary/recharge>.
Collectively, 40 SEC RAPID RECHARGE immediately conveys to consumers that applicant’s products can be very fast in refilling electricity in forty seconds.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “40 SEC RAPID RECHARGE” apart from the mark as shown.
For an overview of disclaimers and instructions on how to provide one using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
IDENTIFICATION OF GOODS:
Class 9 -
In Class 9, applicant’s identification is: “Batteries for land vehicles; Electric batteries for water vehicles; Power supply apparatus, namely, batteries; Vehicle batteries; Battery boxes; Battery cables; Battery chargers, namely, battery chargers that include battery jump starters; Battery packs, namely, battery packs comprised of a battery, a secondary charging input, and a switching circuit to connect the secondary charging input to the battery; Battery testing apparatus, namely, battery testers; Battery starter cables; Electrical connectors, namely, clamps; Hydrometers; Battery charging apparatus for vehicles, namely, battery charge devices and battery performance monitors for vehicles.”
The following wording is unacceptable:
Taking the above together, applicant may adopt the following:
Class 9: Batteries for land vehicles; Electric batteries for water vehicles; Power supply apparatus, namely, batteries; Vehicle batteries; Battery boxes; Battery cables; Battery chargers, namely, battery chargers that include battery jump starters; Battery packs, namely, battery packs comprised of a battery, a secondary charging input, and a switching circuit to connect the secondary charging input to the battery; Battery testing apparatus, namely, battery testers; Battery starter cables; Electrical connectors in the nature of battery terminal connector clamps; Hydrometers; Battery charging apparatus for vehicles, namely, battery charge devices and battery performance monitors for vehicles
See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
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.
DUAL FILING BASIS:
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).
If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney directly at the number below.
How to respond. Click to file a response to this nonfinal Office action.
/Simon Teng/
Simon Teng
Trademark Examining Attorney
Law Office 105
(571) 272-4930
simon.teng@uspto.gov
RESPONSE GUIDANCE