To: | Earth Wall Products, LLC (trademarks@thip.law) |
Subject: | U.S. Trademark Application Serial No. 90527138 - OPTIMA - 51813-3070 |
Sent: | September 13, 2021 05:23:43 PM |
Sent As: | ecom118@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90527138
Mark: OPTIMA
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Correspondence Address: |
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Applicant: Earth Wall Products, LLC
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Reference/Docket No. 51813-3070
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: September 13, 2021
SEARCH OF USPTO DATABASE OF MARKS
E-MAIL ENCOURAGED TO RESOLVE ALL ISSUES
As explained on September 9-13, 2021, applicant may email the assigned trademark examining attorney at Tasneem.hussain@uspto.gov to resolve the issues in this Office Action.
IDENTIFICATION AND CLASSIFICATION OF GOODS
Applicant must clarify the goods by (1) describing the nature, purpose, or use of the system; and (2) listing the system’s parts or components, using common generic terms and referencing the primary parts or components of the system first. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. The system will be classified in the same international class as the primary parts or components of the system. TMEP §1401.05(d). The primary parts or components of the system must include only goods, not services. TMEP §1401.05(d).
Applicant may adopt the following identification, if accurate:
“Retaining wall systems consisting of insulated concrete block” in Class 017; and/or
“Retaining wall systems consisting of concrete retaining walls” in Class 019
ADVISORY ON WORDING: All identifications are examined in accordance with the Trademark Rules of Practice and the USPTO’s policies and procedures in effect on the filing date of the application; however, for Section 1 or 44 applications, an applicant may voluntarily choose to follow policies and procedures adopted after the filing date of the application. See 37 C.F.R. §2.85(e)(1)-(e)(2); TMEP §§1401.09, 1401.10, 1401.10(a), 1402.14. The USPTO’s rules and policies with respect to identifications of goods are updated periodically to reflect changes in the marketplace and technology as well as changes to the international classification system. See TMEP §1402.14. For guidance on drafting acceptable identifications of goods, use the USPTO’s online U.S. Acceptable Identification of Goods and Services Manual, which is continually updated in accordance with prevailing rules and policies. See TMEP §1402.04.
MULTIPLE-CLASS APPLICATION REQUIREMENTS
(1) List the goods 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 that are classified in more than one class; however, applicant submitted a fee(s) sufficient for only one 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.
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.
/Ms. Tasneem Hussain/
Trademark Examining Attorney
Law Office 118
tasneem.hussain@uspto.gov (preferred)
571.272.8273
RESPONSE GUIDANCE