To: | Hewlett-Packard Development Company, L.P ETC. (hptrademarks@hp.com) |
Subject: | U.S. Trademark Application Serial No. 90240149 - VICTUS - N/A |
Sent: | January 14, 2021 12:55:35 PM |
Sent As: | ecom120@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90240149
Mark: VICTUS
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Correspondence Address:
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Applicant: Hewlett-Packard Development Company, L.P ETC.
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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: January 14, 2021
Applicant has applied for the mark “VICTUS” in standard characters for use in connection with the following:
International Class 9 Computers, personal computers, computer hardware, laptop computers, notebook computers, handheld computers, computer workstations, computer peripherals, computer monitors, flat panel display screens, computer software, computer game software, headphones
SUMMARY OF ISSUES THAT APPLICANT MUST ADDRESS
· IDENTIFICATION OF GOODS AND/OR SERVICES
· MULTIPLE CLASS REQUIREMENTS
IDENTIFICATION OF GOODS AND/OR SERVICES
Applicant must clarify the below listed wording in the identification of goods and/or services because the respective identifications are indefinite and/or too broad. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
International Class 9:
The wording “computer workstations” is indefinite and must be clarified because the nature of the goods is not clear. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. For example, “Computer workstations comprising {specify major computer hardware components}” appears in Class 9.
The USPTO requires such specificity in order for a trademark examining attorney to examine the application properly and make appropriate decisions concerning possible conflicts between the applicant’s mark and other marks. See In re N.A.D. Inc., 57 USPQ2d 1872, 1874 (TTAB 2000); TMEP §1402.03(d).
Suggested Amendment:
Applicant may substitute the following wording, if accurate (additions in bold):
International Class 9 Computers; personal computers; computer hardware; laptop computers; notebook computers; handheld computers; computer workstations; computer peripherals; computer monitors; flat panel display screens; downloadable computer software for {specify the function of the software, e.g., use as a spreadsheet, word processing, etc. and, if software is content- or field-specific, the content or field of use}; downloadable computer game software; headphones
International Class 41 Providing online non-downloadable computer game software
International Class 42 Providing temporary use of on-line non-downloadable computer software for {specify the function of the programs, e.g., for use in database management, for use as a spreadsheet, for word processing, etc. and, if software is content- or field-specific, the field of use}
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 two classes; however, applicant submitted a fee(s) sufficient for only one class. 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.
RESPONSE OPTIONS
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.
/Shari Gadson/
Trademark Examining Attorney
Law Office 120
United States Patent and Trademark Office
571-272-9319
shari.gadson@uspto.gov
RESPONSE GUIDANCE