To: | LG ELECTRONICS INC. (mailroom@bskb.com) |
Subject: | U.S. Trademark Application Serial No. 90326998 - DS AIR - 0630-8751US1 |
Sent: | March 26, 2021 01:18:44 PM |
Sent As: | ecom111@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90326998
Mark: DS AIR
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Correspondence Address: BIRCH STEWART KOLASCH & BIRCH, LLP 8110 GATEHOUSE ROAD, SUITE 100 EAST
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Applicant: LG ELECTRONICS INC.
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Reference/Docket No. 0630-8751US1
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 26, 2021
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH OF USPTO DATABASE OF MARKS
The USPTO has the discretion to determine the degree of particularity needed to clearly identify goods and/or services covered by a mark. In re Fiat Grp. Mktg. & Corp. Commc’ns S.p.A, 109 USPQ2d 1593, 1597 (TTAB 2014) (citing In re Omega SA, 494 F.3d 1362, 1365, 83 USPQ2d 1541, 1543-44 (Fed. Cir. 2007)). Accordingly, the USPTO requires the description of goods and/or services in a U.S. application to be specific, definite, clear, accurate, and concise. TMEP §1402.01; see In re Fiat Grp. Mktg. & Corp. Commc’ns S.p.A, 109 USPQ2d at 1597-98; Cal. Spray-Chem. Corp. v. Osmose Wood Pres. Co. of Am., 102 USPQ 321, 322 (Comm’r Pats. 1954). These requirements for specification of the particular goods and/or services apply to applications filed under all statutory bases. See 15 U.S.C. §§1051(a)(2), 1051(b)(2), 1053, 1126(d)-(e), 1141f; 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.01(b)-(c).
The wording “Monitors for televisions” in the identification of goods is indefinite and must be clarified because applicant must specify if this refers to television monitors or Television monitors with television tuners. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Applicant should note that any wording in
bold, in italics, underlined, and/or in ALL CAPS below offers guidance and/or shows the changes being proposed for the identification of goods and/or
services. If there is wording in the applicant’s version of the identification of goods which should be removed, it will be shown with a line though it such as this: strikethrough. When making
its amendment, applicant should enter them in standard font, not in bold, in italics, underlined, and/or in ALL
CAPS.
Applicant may substitute the following wording, if accurate: The fact that the goods and/or services of the parties differ is not controlling in determining likelihood of confusion. The issue is not likelihood of confusion between particular goods and/or services, but likelihood of confusion as to the source or sponsorship of those goods and/or services. In re Majestic Distilling Co., 315 F.3d 1311, 1316, 65 USPQ2d 1201, 1205 (Fed. Cir. 2003); In re Shell Oil Co., 992 F.2d 1204, 1208, 26 USPQ2d 1687, 1689 (Fed. Cir. 1993); TMEP §1207.01.
International Class 9: Smartphones;
Touch screens for mobile phones; Displays for smartphones; LED displays; Digital mobile phones; Monitors for televisions Television monitors and
computers; Wireless headsets for smartphones, tablet computers and televisions; Battery chargers; Electronic touch screen pens for smartphones; Earphones for smartphones; Audio speakers;
Smartwatches; Apparatus for recording, transmission or reproduction of sound or images; Smartwatches with the function of wireless communications with electronic terminals, namely, smartphones,
tablet computers, personal digital assistants, and computers; Wearable smartphones in a form of smartwatches; Wearable mobile telecommunication devices in the nature of smartwatches; Portable media
players; Cases for mobile phones and smartphones
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 services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
EXPLANATION OF MARK’S SIGNIFICANCE REQUIRED
(1) Explain whether the wording “DS” in the mark has any meaning or significance in the trade or industry in which applicant’s goods and/or services are manufactured or provided, any meaning or significance as applied to applicant’s goods and/or services, or if such wording is a term of art within applicant’s industry.
(2) Respond to the following questions:
· Does DS refer to “Developers System”? If so what is the meaning or significance of the term in the trade or industry in which applicant’s goods are manufactured or provided”
· Does DS refer to “Dual Screen”? If so what is the meaning or significance of the term in the trade or industry in which applicant’s goods are manufactured or provided”
· Do applicant’s goods contain dual screens?
See 37 C.F.R. §2.61(b); TMEP §814.
Failure to comply with a request for information is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814.
How to respond. Click to file a response to this nonfinal Office action.
/Claudia Garcia/
Trademark Examining Attorney
Law Office 111
United States Patent and Trademark Office
Office: (571) 272-6939
Claudia.garcia@uspto.gov
RESPONSE GUIDANCE