Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

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

 

 

 

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:  June 10, 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.

 

Database Search. 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.

 

SUMMARY OF ISSUES:

• REQUIREMENT FOR ADDITIONAL SPECIMENS
• LIVING INDIVIDUAL STATEMENT DELETED AS UNNECESSARY

 

REQUIREMENT FOR ADDITIONAL SPECIMENS

 

Given the wide range of goods identified in the application, and the nature of the specimens of record, the examining attorney requires additional specimens of use in this case to allow for a complete and accurate examination, and to assess the registrability of the applied-for mark.  37 C.F.R. §§2.56(a), 2.61(b), 2.86(a)(3); TMEP §§814, 904.01(a), 1402.03. 

 

The applicant must provide at least one specimen from each of the following groups of goods:

 

1. Chandeliers; Fairy lights for festive decoration; LED lamps;
2. Faucets; Water control valves for faucets
3. Humidifiers; Radiators, electric;
4. Desk lamps;
5. Drinking fountains; Electric fans;
6. Electric rice cooker; Electric toasters; Kettles, electric;
7. Extractor hoods for kitchens;
8. Light bulbs;

 

That is, the applicant is expected to provide at least 8 different specimens showing at least one good from each grouping noted above.

If applicant is unable to provide specimens to support use of one or more categories of goods, the applicant must delete these entries, or amend the filing basis for those goods that were not in 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 provide the required additional specimens is grounds for refusing registration.  In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814.

Applicant should also note the following advisory.

 

LIVING INDIVIDUAL STATEMENT DELETED AS UNNECESSARY

 

No statement should be printed unless the name or portrait might reasonably be perceived as that of a specific living individual. This is true even if the applicant submits an unsolicited statement that a particular name or portrait does not identify a living individual. See TMEP §1206.05.

 

Nothing in the mark might reasonably be perceived as that of a specific living individual. As such, the negative living individual statement submitted by applicant has been deleted.

 

 

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

 

 

Becker, Joseph (Trademark)

/Joseph Becker/

Trademark Examining Attorney, Law Office 117

United States PTO

(571) 270-5493

Joseph.Becker1@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.  

 

• 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 June 10, 2021 for

U.S. Trademark Application Serial No. 90385286

 

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. 

 

 

Becker, Joseph (Trademark)

/Joseph Becker/

Trademark Examining Attorney, Law Office 117

United States PTO

(571) 270-5493

Joseph.Becker1@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 June 10, 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.”