Priority Action

United States Patent and Trademark Office (USPTO)

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

 

 

 

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:  March 24, 2021

 

The referenced application has been reviewed by the assigned trademark examining attorney. 

 

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 March 21, 2021, the examining attorney and Hao Ni, attorney for applicant, discussed the issue below.  Applicant must timely respond to this issue.  See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.

 

SUMMARY OF ISSUES:

• Representative Specimens Required – Partial Requirement

 

REPRESENTATIVE SPECIMENS REQUIRED – PARTIAL REQUIREMENT

 

The application identifies a wide variety and range of unrelated goods. In particular, the goods range from bread baking machines to cosmetic refrigerators to USB powered humidifiers for household use, all of which are disparate items used for different purposes and would not be regarded as related by customers. Therefore, applicant must submit additional specimens to allow for a complete and accurate examination of the application and assessment of the registrability of the subject mark, in accordance with Rule 2.61(b).  37 C.F.R. §2.61(b); see TMEP §904.01(a).

 

Applicant has submitted adequate specimen for the following groups of goods with its application: “Electric heating fans”.

 

Applicant should submit specimens demonstrating use of the mark for each all of the following groups of goods:

 

1. Air fryers; Bread baking machines; Deep frying machines; Electric coffee makers; Electric egg steamers for household purposes; Electric skillets; Electromagnetic induction cookers; Ice making machines;

 

2. Air purifiers;

 

3. Cosmetic refrigerators;

 

4. Hair dryers;

 

5. Portable electric fans; USB-powered desktop fans; and

 

6. USB powered humidifiers for household use.

 

If applicant is unable to provide specimens to support use of these items, applicant must delete these entries, or amend the filing basis for those goods that were not in proper use as of the application filing date to an intent to use basis under Section 1(b).  This option will later necessitate additional fees and filing requirements such as providing a specimen for these goods at a subsequent date.

 

Failure to comply with a requirement to furnish additional specimens is grounds for refusing registration.  In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814.  Merely stating that evidence is available on applicant’s or a third party website or providing a hyperlink of such a website is an insufficient response and will not make the additional specimens of record.  See In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004).

 

RESPONSE GUIDELINES AND PARTIAL ABANDONMENT ADVISORY

 

For this application to proceed, applicant must explicitly address the requirement in this Office action by setting 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.

 

If applicant does not timely respond to this Office action, the following goods will be deleted from the application: “Air fryers; Air purifiers; Bread baking machines; Cosmetic refrigerators; Deep frying machines; Electric coffee makers; Electric egg steamers for household purposes; Electric skillets; Electromagnetic induction cookers; Hair dryers; Ice making machines; Portable electric fans; USB-powered desktop fans; USB powered humidifiers for household use”.    See 37 C.F.R. §2.65(a); TMEP §718.02(a). 

 

In such case, the application will then proceed with the following goods only: “Electric heating fans”. See TMEP §718.02(a). 

 

If the applicant has any questions or needs further assistance, please telephone the assigned examining attorney.

 

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

 

 

/Elena Kravtsoff/

Elena Kravtsoff

Trademark Examining Attorney

Law Office 113, USPTO

(571) 272-3233

 elena.kravtsoff@uspto.gov

 

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS 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 March 24, 2021 for

U.S. Trademark Application Serial No. 90258287

 

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. 

 

 

/Elena Kravtsoff/

Elena Kravtsoff

Trademark Examining Attorney

Law Office 113, USPTO

(571) 272-3233

 elena.kravtsoff@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 March 24, 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.”