To: | Sunmarks, LLC (trademarks@stradley.com) |
Subject: | U.S. Trademark Application Serial No. 90463867 - ULTRA 94 - 184753-5811 |
Sent: | July 23, 2021 10:52:38 AM |
Sent As: | ecom111@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90463867
Mark: ULTRA 94
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Correspondence Address: STRADLEY RONON STEVENS & YOUNG, LLP
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Applicant: Sunmarks, LLC
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Reference/Docket No. 184753-5811
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: July 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
DISCLAIMER
The attached evidence shows that 94 refers to the type of octane. It describes the fact that the goods are premium octane and that the service stations feature premium octane gasoline.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “94” apart from the mark as shown.
For an overview of disclaimers and instructions on how to provide one using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
IDENTIFICATION OF GOODS/SERVICES
The identification of goods/services is indefinite and must be clarified. See TMEP §1402.01. Moreover, the wording includes goods/services which could be classified in more than one international class. Please consult with the online identification of goods/services manual at the link provided below.
Applicant may adopt the following identification, if accurate:
International Class 4: Fuel; gasoline; gasoline for use as automotive fuel; racing fuel; non-chemical fuel additives; fuel oil; motor oil; lubricants for automobiles
International Class 37: Automotive service station services
Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted goods and/or services may not later be reinserted. See TMEP §1402.07(e).
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.
MULTI-CLASS APPLICATION
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least 2 classes; however, applicant submitted a fee(s) sufficient for only 1 class. Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c).
For an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, see the Multiple-class Application webpage.
RESPONSE GUIDELINES
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.
Please call or email the assigned trademark examining attorney with 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.
/lindaorndorff/
Examining Attorney
Law Office 111
(571)272-5496
Linda.Orndorff@uspto.gov
How to respond. Click to file a response to this nonfinal Office action.
RESPONSE GUIDANCE