United States Patent and Trademark Office (USPTO)

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

 

 

 

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 20, 2021

 

 

PRIORITY ACTION

 

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 February 16, 2021, the examining attorney and Felicia Boyd 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.

 

DESCRIPTION OF MARK REQUIRED

 

The drawing shows the applied-for mark in various colors, including black; however, the color claim and description of the mark do not reference the color black.  The color claim and description must be complete and reference all the colors in the mark.  See 37 C.F.R. §§2.37, 2.52(b)(1); TMEP §§807.07(a) et seq.  Therefore, applicant must amend the color claim and description of the mark.  TMEP §807.07(d); see 37 C.F.R. §2.61(b).

 

To clarify how black is being used in the mark, applicant must amend the color claim to include black and amend the description to identify where black appears in the literal and/or design elements of the mark.  The following color claim and description are suggested, if accurate:

 

Color claim:  “The colors black, red, orange, yellow, light green, dark green, blue, indigo, and violet are claimed as a feature of the mark.”

 

Description:  “The mark consists of the following: the word "CALIBER " written in black above a rectangular bar in the colors red, orange, yellow, light green, dark green, blue, indigo and violet blending into one another.”

 

TMEP §807.07(d).

 

 

 

EXAMINER’S AMENDMENT

 

Application has been amended as shown below.  The trademark examining attorney is amending the application as follows.  No prior approval or authorization from applicant or applicant’s attorney is required.  TMEP §707.02.

 

The identification of services is amended to read as follows:  “Vehicle repair and maintenance; vehicle oil change services; vehicle air conditioning apparatus repair; vehicle maintenance services, namely, wheel alignment services, tire replacement services, diesel, electric and gasoline engine repair; vehicle brake repair services; vehicle battery repair and replacement services,” in International Class 37; and “Motor vehicle inspections; environmental vehicle emission testing and inspection services; and vehicle electronic systems diagnostic and calibration services,” in International Class 42.  See TMEP §§1402.01, 1402.01(e).

 

PHONE/E-MAIL RESPONSE SUGGESTED

 

Please call or email the assigned trademark examining attorney to resolve the issues in this Office action.  Although the USPTO does not accept emails as responses to Office actions, communication by phone or email is permissible to agree to proposed amendments to the application that will immediately place the application in condition for publication, registration, or suspension.  See 37 C.F.R. §2.62(c); TMEP §707.

 

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

 

 

/Alec Powers/

Trademark Examining Attorney

Law Office 101

US Patent and Trademark Office

(571) 272-9309

alexander.powers@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 February 20, 2021 for

U.S. Trademark Application Serial No. 90285136

 

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. 

 

 

/Alec Powers/

Trademark Examining Attorney

Law Office 101

US Patent and Trademark Office

(571) 272-9309

alexander.powers@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 February 20, 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.”