To: | DBG GROUP INVESTMENTS, LLC (ip@aerusonline.com) |
Subject: | U.S. Trademark Application Serial No. 90570977 - ACTIVEPURE. DON'T BREATHE WITHOUT - N/A |
Sent: | October 12, 2021 11:43:52 AM |
Sent As: | ecom107@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90570977
Mark: ACTIVEPURE. DON'T BREATHE WITHOUT
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Correspondence Address: 14841 DALLAS PARKWAY, SUITE 500
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Applicant: DBG GROUP INVESTMENTS, LLC
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Reference/Docket No. N/A
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: October 12, 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.
Summary of Issues
· Identification of Goods/Services Requires Amendment – International Classes 11 and 35
Search of Office Records
Identification of Goods/Services Requires Amendment – International Classes 11 and 35
Applicant submitted the following identification of goods/services with the application:
International Class 11
Air purifiers for commercial, industrial, and domestic use; air filtering and disinfecting units for commercial, industrial, and domestic use; Air purifiers for commercial, industrial and domestic use; air filtering and disinfecting units for commercial, industrial and domestic use
International Class 35
Providing consumer information services in the field of environmental and disinfecting services for products, services, activities, facilities and locations; providing a website featuring information for consumers in the fields of air purifiers, air and surface purification technology, environmental and disinfecting services; project management services for others for business purposes in the fields of air purifiers, air and surface purification technology, environmental and disinfecting services; business services, namely, environmental and disinfecting services
The above bolded wording in the identification of goods/services requires amendment because it does not identify the goods/services with enough specificity to make clear the scope of the goods/services offered by applicant. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
Therefore, the identification of goods/services as submitted with the application requires the following amendments.
International Class 11
If modifying one of the duplicate entries, applicant may amend it 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. Also, generally, any deleted goods and/or services may not later be reinserted. TMEP §1402.07(e).
International Class 35
The wording “business services, namely, environmental and disinfecting services” is indefinite because the nature of the services is unclear. “Disinfecting services” are properly classified in International Class 37. Applicant must either provide additional clarity as to the specific nature of the services or remove the wording.
Applicant may adopt the following identification of goods/services, if accurate:
International Class 11
Air purifiers for commercial, industrial, and domestic use; air filtering and disinfecting units for commercial, industrial, and domestic use
International Class 35
Providing consumer information services in the field of environmental and disinfecting services for products, services, activities, facilities and locations; providing a website featuring information for consumers in the fields of air purifiers, air and surface purification technology, environmental and disinfecting services; project management services for others for business purposes in the fields of air purifiers, air and surface purification technology, environmental and disinfecting services;
Applicant may amend the identification to clarify or limit the goods or services, but not to broaden or expand the goods 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 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.
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.
If applicant does not timely respond to this Office action, the above identification of goods and services will be deleted from the application. See 37 C.F.R. §2.65(a); TMEP §718.02(a).
In such case, the application will then proceed with the remaining goods and services in International Classes 11 and 35, as well as the remaining services in International Class 37, 40, and 41 only. See TMEP §718.02(a).
Comments
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.
How to respond. Click to file a response to this nonfinal Office action.
/Faucette, Max/
Trademark Examining Attorney
Law Office 107
(571)270-5655
max.faucette@uspto.gov
RESPONSE GUIDANCE