To: | Ford Motor Company (tmdocket@ford.com) |
Subject: | U.S. Trademark Application Serial No. 90386021 - VIIZR - 84339581 |
Sent: | May 18, 2021 12:57:19 PM |
Sent As: | ecom110@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90386021
Mark: VIIZR
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Correspondence Address: |
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Applicant: Ford Motor Company
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Reference/Docket No. 84339581
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 partially 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: May 18, 2021
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue 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 marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
However, applicant must respond to the issue below.
AMENDMENT TO THE IDENTIFICATION OF GOODS REQUIRED- PARTIAL REQUIREMENT- CLASS 09 ONLY
Particular wording in the identification of goods in Class 09 is indefinite and must be clarified for the reasons set forth below. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Generally, applicant must amend this wording to specify the common commercial or generic name of the goods. See TMEP §1402.01. If the goods have no common commercial or generic name, applicant must describe the product, its main purpose, and its intended uses. See id.
Specifically, the issues are as follows:
In each instance where further clarification is required as to the function of the software, the examining attorney has provided a suggestion for an acceptable amendment in bold, italics and underline below. If the suggestions below are not accurate or comprehensive, the applicant is encouraged to utilize the USPTO’s online identification manual (link below) to search for the software goods contemplated.
Applicant may substitute the following wording, if accurate:
Class 09: Downloadable software for managing electronic data and database management in the field of business management, customer relationship management, field service management, workflow management, logistics, fleet management, inventory management and operations management; downloadable software for use in retail sales transaction processing, accounting.
NOTE: The identification for Class 42 is acceptable as written.
SCOPE ADVISORY: Applicant’s goods and services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. 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 services or add goods and 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 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 services will further limit scope, and once goods and services are deleted, they are not permitted to be reinserted. TMEP §1402.07(e).
ASSISTANCE: 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.
For information on how to identify the goods and services in an application, applicant is encouraged to view the USPTO’s Trademark Information Network Video number 6, “Goods and services.”
RESPONSE GUIDELINES & PARTIAL ABANDONMENT ADVISORY
For this application to proceed, applicant must explicitly address each requirement in this Office action. 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 does not timely respond to this Office action, the following class will be deleted from the application: Class 09. See 37 C.F.R. §2.65(a); TMEP §718.02(a).
In such case, the application will then proceed with the following class only: Class 42. See TMEP §718.02(a).
The applicant may call or email the assigned trademark examining attorney with specific questions about this Office action. Although an examining attorney cannot provide legal advice, the examining attorney can provide additional explanation about the refusal(s) and/or requirement(s) in this Office action. See TMEP §§705.02, 709.06.
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.
/Deborah L. Meiners/
Attorney Advisor
Law Office 110
(571) 272-8993
Deborah.Meiners@USPTO.gov
RESPONSE GUIDANCE