To: | Ford Motor Company (tmdocket@ford.com) |
Subject: | U.S. Trademark Application Serial No. 90454734 - POWERBOOST - 83928204 |
Sent: | May 18, 2021 08:13:54 AM |
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. 90454734
Mark: POWERBOOST
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Correspondence Address: |
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Applicant: Ford Motor Company
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Reference/Docket No. 83928204
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: May 18, 2021
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues 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 issues below.
AMENDMENT TO THE IDENTIFICATION OF GOODS REQUIRED
Particular wording in the identification of goods 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:
Applicant may substitute the following wording, if accurate:
Class 12: Motor vehicles, namely,
automobiles, trucks, vans, sport utility vehicles, and structural parts therefor; powertrain systems for land vehicles, namely, vehicle power train mechanism
comprised of clutch, transmission, drive shaft, and differential; propulsion systems for land vehicles, comprised of engines, electric motors, batteries, and
transmissions and batteries.
SCOPE ADVISORY: Applicant’s goods 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 or add goods 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 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 will further limit scope, and once goods are deleted, they are not permitted to be reinserted. TMEP §1402.07(e).
ASSISTANCE: For assistance with identifying and classifying goods 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 in an application, applicant is encouraged to view the USPTO’s Trademark Information Network Video number 6, “Goods and services.”
If the applicant responds to the requirement above, the applicant must also respond to the requirement below.
COMPLETE MARK DESCRIPTION REQUIRED
The following description is suggested, if accurate:
“The mark consists of the word “POWERBOOST” in stylized block letters on a shaded rectangular carrier that has a horizontal line of reflected light behind the wording.”
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.
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