To: | 8ME NOVA, LLC (trademarks@wsgr.com) |
Subject: | U.S. Trademark Application Serial No. 90563819 - AC OVERBUILD - 40641-TM1003 |
Sent: | September 29, 2021 10:08:27 AM |
Sent As: | ecom101@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90563819
Mark: AC OVERBUILD
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Correspondence Address: WILSON SONSINI GOODRICH & ROSATI
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Applicant: 8ME NOVA, LLC
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Reference/Docket No. 40641-TM1003
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 29, 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 of USPTO Database of Marks
Identification of Services Requirement
The wording “storage of electrical power and electrical energy” in the identification of services is indefinite and must be clarified because it is unclear what services applicant is providing. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Class 42
Applicant may substitute the following wording, if accurate:
Class 39: Utility services, namely, storage of electrical power and electrical energy; distribution of electrical power
Class 40: Electrical power generation
Class 42: Scientific and technological services, namely, research, development, and design in the field of electrical power generation and electrical energy storage infrastructure and systems; plant engineering services in the field of electrical power generation and electrical energy storage infrastructure and systems; technical consultation and advisory services in the field of the design and operation of electrical power generation and electrical energy storage infrastructure and systems; electrical engineering services
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.
Disclaimer Requirement
The attached evidence from Merriam-Webster shows this wording is a commonly used acronym meaning “alternating current”. The attached evidence shows alternating current is a type of electric current generated by power plants and used in distribution systems. Thus, the wording merely describes applicant’s services because applicant’s services are in the field of electrical power generation and distribution.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “AC” 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.
Significance of Wording Inquiry
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.
/Jenna Herr/
Jenna Herr
Examining Attorney
Law Office 101
(571) 272-9165
jenna.herr@uspto.gov
RESPONSE GUIDANCE