Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

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

 

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.

 

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

 

Applicant is advised to delete or modify the duplicate entry in the identification of goods and/or services in International Class 11 for “Air purifiers for commercial, industrial and domestic use; air filtering and disinfecting units for commercial, industrial and domestic use.”  See generally TMEP §§1402.01, 1402.01(a).  If applicant does not respond to this issue, be advised that the USPTO will remove duplicate entries from the identification prior to registration.

 

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

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on October 12, 2021 for

U.S. Trademark Application Serial No. 90570977

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

/Faucette, Max/

Trademark Examining Attorney

Law Office 107

(571)270-5655

max.faucette@uspto.gov

 

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from October 12, 2021, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond

 

 

 

GENERAL GUIDANCE

·       Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·       Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·       Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”