To: | Walmart Apollo, LLC (ustm@walmartlegal.com) |
Subject: | U.S. Trademark Application Serial No. 90278402 - ONN - N/A |
Sent: | March 22, 2021 05:22:45 PM |
Sent As: | ecom105@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90278402
Mark: ONN
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Correspondence Address:
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Applicant: Walmart Apollo, LLC
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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: March 22, 2021
SEARCH OF USPTO DATABASE OF MARKS
IDENTIFICATION OF GOODS AMENDMENT – REQUIRED
Portions of the identification of goods are unacceptable and must be amended for the reasons set forth below.
The wording “Electronics carrying case” in the identification of goods in International Class 009 is indefinite and must be clarified because it does not specify the type of the carrying case. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant may substitute the following wording, if accurate: “Carrying cases specially adapted for electronic equipment, namely, {specify type of electronics, e.g., mobile computers and laptops}” in International Class 009.
If modifying one of the duplicate entries, applicant may amend it 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. Also, generally, any deleted goods and/or services may not later be reinserted. TMEP §1402.07(e).
Additionally, the wording “Smart LED light strips” and “UV light sanitizing wand” in the identification of goods in International Class 011 is indefinite and must be clarified because it does not specify a purpose of the light strips or sanitizing wand. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant may substitute the following wording, if accurate: “Smart LED light strips for {specify purpose of light strips, e.g., decorative purposes}; UV light sanitizing wand for sanitizing {specify a purpose or use of the wand, e.g., surfaces of objects} not for medical purposes” in International Class 011.
The remaining wording in International Class 005, 009, and 011 is acceptable.
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.
RESPONDING TO THIS OFFICE ACTION
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.
/Ashley C. Albano/
Ashley C. Albano
Trademark Examining Attorney
Law Office 105, USPTO
571-272-6349
ashley.albano@uspto.gov
RESPONSE GUIDANCE