To: | Singer Equities, Inc. (ahurlburt@milesstockbridge.com) |
Subject: | U.S. Trademark Application Serial No. 90210751 - RUBBERWORX - 101920-23834 |
Sent: | February 23, 2021 06:10:03 PM |
Sent As: | ecom110@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90210751
Mark: RUBBERWORX
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Correspondence Address: |
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Applicant: Singer Equities, Inc.
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Reference/Docket No. 101920-23834
Correspondence Email Address: |
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COMBINED EXAMINER’S AMENDMENT/PRIORITY ACTION 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: February 23, 2021
USPTO database searched; no conflicting marks found. 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.
Applicant must address issues shown below. On Alisa Hurlburt, the examining attorney and February 22, 2021 discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.
IDENTIFICATION OF GOODS/SERVICES
Industrial rubber products, namely, hoses for use in __________ [indicate industry or area of use (e.g. air conditioners)], hose fittings, expansion joints, and gaskets for __________ [specify field of use)]; non-metal hose fittings, in International Class 17.
Wholesale distributorships and retail store services in the field of industrial rubber products, hoses, hose fittings, expansion joints, and gaskets, in International Class 35.
Custom fabrication of industrial rubber products, hoses, hose fittings, expansion joints, and gaskets for others, in International Class 40.
The goods in International Class 6 are acceptable as written in the application.
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.
MULTIPLE CLASS 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 four classes; however, applicant submitted a fee(s) sufficient for only three 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 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, see the Multiple-class Application webpage.
Application has been amended as shown below. As agreed to by the individual identified in the Priority Action section, the examining attorney has amended the application as shown below. Please notify the examining attorney immediately of any objections. TMEP §707. In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted. 37 C.F.R. §2.71(a).
Color Claim and Description
The following statements describing color in the mark are added to the record:
The colors red, black, and white are claimed as a feature of the mark.
The mark consists of the stylized word element RUBBERWORX, with RUBBER in the color black, the letters WOR in the color red, and the letter X with the ascending element of X in black, and the descending element in red. Each arm of the letter U is topped with a stylized white crown feature representing pipe fittings outlined in black. The letter O contains four white inner circles within the outline of the letter, located one each at the top, bottom, right, and left.
37 C.F.R. §2.52(b)(1); TMEP §807.07(a)(i), (a)(ii).
ASSISTANCE
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.
/Tarah Hardy Ludlow/
Examining Attorney
Law Office 110
(571) 272-9361
tarah.hardy@uspto.gov
RESPONSE GUIDANCE