Offc Action Outgoing

EUREKA

GAOHAN

U.S. Trademark Application Serial No. 90336068 - EUREKA - N/A

To: GAOHAN (us-trademark@outlook.com)
Subject: U.S. Trademark Application Serial No. 90336068 - EUREKA - N/A
Sent: February 23, 2021 05:35:39 PM
Sent As: ecom104@uspto.gov
Attachments: Attachment - 1
Attachment - 2
Attachment - 3
Attachment - 4

United States Patent and Trademark Office (USPTO)

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

 

U.S. Application Serial No. 90336068

 

Mark:  EUREKA

 

 

 

 

Correspondence Address: 

JEFFREY S. FIRESTONE

275 SEVENTH AVENUE, 7TH FLOOR,

NEW YORK, NY 10001

 

 

 

 

Applicant:  GAOHAN

 

 

 

Reference/Docket No. N/A

 

Correspondence Email Address: 

 us-trademark@outlook.com

 

 

 

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 23, 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 Results

 

The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting registered marks that would bar registration under Trademark Act Section 2(d).  15 U.S.C. §1052(d); TMEP §704.02.  However, a mark in a prior-filed pending application may present a bar to registration of applicant’s mark.

 

Summary of Issues:

 

  • Potential bar based on a prior pending application
  • Additional specimens required

 

Prior Pending Application

 

The filing date of pending U.S. Application Serial No. 90290886 precedes applicant’s filing date.  See attached referenced application.  If the mark in the referenced application registers, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion between the two marks.  See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq.  Therefore, upon receipt of applicant’s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced application.

 

In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application.  Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.

 

Additionally, the following informalities must be addressed.

 

Additionally Specimens Required

 

To permit proper examination of the application, the applicant must submit additional specimen(s) because the identification encompasses a wide range of items and/or contains unrelated goods, which the current specimen(s) does/do not support.  See 37 C.F.R. §2.61(b); TMEP §§ 814, 904.01(a).

 

The applicant must provide additional specimen(s) for the following item(s) in the identification:

 

Condoms; Apparatus for acupuncture therapy; Apparatus for artificial respiration; Baby bottles; Blood pressure monitors; Breast pumps; Clinical thermometers; Electrotherapy devices for providing transcutaneous electrical nerve stimulation, infrared heat and compression; Feeding bottle teats; Gloves for medical purposes; Lasers for medical purposes; Love dolls; Massage apparatus and instruments; Medical apparatus and instruments for use in surgery; Post-operative pressure garments; Sanitary masks for medical wellness purposes; Scissors for surgery; Sex toys; Sterile sheets, surgical; Surgical masks; Thermometers for medical purposes; Ultraviolet lamps for medical purposes.”

 

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).

 

Specimen Statement and Declaration

 

How to submit a verified specimen. 

After opening the appropriate TEAS response form, answer “Yes” to form wizard question #2, click “Continue,” and provide the following for each relevant class for which a specimen is being submitted:

(1)        Under the heading “Classification and Listing of Goods/Services/Collective Membership Organization,” check the box next to the following statement:  “Check here to modify the current classification number; listing of goods/services/the nature of the collective membership organization; dates of use; and/or filing basis; or to submit a substitute specimen, a foreign registration certificate, or proof of renewal of a foreign registration.  If not checked, the changes will be ignored.”;

(2)        Attach specimen under “Specimen File” (attachment may not exceed 5 megabytes);

(3)        Describe in the box below that location what the attached specimen consists of;

(4)        Check the box below the specimen description next to the following statement (to ensure that the declaration language is inserted into the form): “The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application” [for an application based on Section 1(a), Use in Commerce] OR “The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use” [for an application based on Section 1(b) Intent-to-Use].; and 

(5)        Follow the instructions within the form for signing.  The form will require two signatures:  one in the “Declaration Signature” section and one in the “Response Signature” section.

 

Please note if the applicant provides website specimens, the applicant must provide the URL and date accessed information on the website specimen itself or in the response form.  However way the applicant chooses to provide the information, the URL and date accessed must be supported by declaration. 

 

Response to Office Action

 

Response guidelines.  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.

 

If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney.  All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.  Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights.  See TMEP §§705.02, 709.06.

 

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

 

 

/Jenny Park/

Examining Attorney

Law Office 104

571-272-8857

jenny.park@uspto.gov

 

 

 

RESPONSE GUIDANCE

  • Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

 

 

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U.S. Trademark Application Serial No. 90336068 - EUREKA - N/A

To: GAOHAN (us-trademark@outlook.com)
Subject: U.S. Trademark Application Serial No. 90336068 - EUREKA - N/A
Sent: February 23, 2021 05:35:41 PM
Sent As: ecom104@uspto.gov
Attachments:

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on February 23, 2021 for

U.S. Trademark Application Serial No. 90336068

 

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. 

 

 

/Jenny Park/

Examining Attorney

Law Office 104

571-272-8857

jenny.park@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 23, 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.”

 

 

 


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