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:  August 20, 2021

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issues below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

Search Results

 

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

 

The identification of goods is indefinite and must be clarified as set forth in detail below.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

“Remote annunciators” is unclear. The type of annunciator must be stated as in “remote electrical annunciators.”

 

“Relay bases” is unclear. The specific type of base must be stated as in “electric relay bases.”

 

“Sounder bases” is unclear. This wording does not appear in the Manual of Acceptable Identifications. A search further reveals that this wording also does not appear on the Principal Register. The applicant must provide the common commercial name of this item, or a brief explanation. If accurate, the applicant may adopt “sound detector base sold as an integral part of smoke detectors.”

 

“Isolator bases” is unclear. This wording does not appear in the Manual of Acceptable Identifications. A search further reveals that this wording also does not appear on the Principal Register. The applicant must provide the common commercial name of this item, or a brief explanation. If accurate, the applicant may adopt “isolator base for isolating a short circuit sold as an integral part of smoke detectors.”

 

“Relays” is vague. The specific type of relay must be stated as in “electrical relays” or “coaxial relays.”

 

“Detector sensitivity test tools” is unclear. This wording does not appear in the Manual of Acceptable Identifications. A search further reveals that this wording also does not appear on the Principal Register. The applicant must provide the common commercial name of this item, or a brief explanation. If multiple “tools” are intended, the applicant must supply the common commercial name for each.

 

“Monitor” is vague. The type of monitor must be stated as in “computer monitors.”

 

“Control modules” is unclear. The type of module and the device being controlled must be named as in “remote control transmitter for radio-controlled devices.”

 

“Horns” is unclear. Horns as musical instruments belong in Class 15. If accurate, the applicant may adopt “electronic warning horn sold as an integral component of smoke detectors” in Class 9.

 

“Strobes” is vague. A “flashing strobe light apparatus” belongs in Class 11. Alternatively, the applicant may adopt “fire alarm and emergency evacuation devices, namely, strobes” in Class 9.

 

“Chimes” is unclear. Chimes as musical instruments belong in Class 15. Alternatively, the applicant may adopt “fire alarm and emergency evacuation devices, namely, chimes” in Class 9.

 

“Speakers” is unclear. The type of speaker must be stated. If accurate, the applicant may adopt “fire alarm and emergency evacuation devices, namely, chimes” in Class 9.

 

“Directional sounders” is unclear. This wording does not appear in the Manual of Acceptable Identifications. A search further reveals that this wording also does not appear on the Principal Register. The applicant must provide the common commercial name of this item, or a brief explanation. If accurate, the applicant may adopt “directional sound detectors sold as an integral part of smoke detectors.”

 

“Alarm bells” is vague. The applicant must specify that “electric alarm bells” are intended.

 

“Remote test switches” is unclear. The applicant must state whether the switches are electric and what is being tested.

 

Applicant may amend the identification to clarify or limit the goods, but not to broaden or expand the goods 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 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.

 

Because it is possible that, when properly identified, the goods may belong in more than one international class, information about adding classes to an application is set forth below:

 

Combined Applications

 

The application references goods based on use in commerce in more than one international class; therefore, applicant must satisfy all the requirements below for each international class:

 

(1)        List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class (for example, International Class 3: perfume; International Class 18: cosmetic bags sold empty).

 

(2)        Submit a filing fee for each international class not covered by the fee already paid (view the USPTO’s current fee schedule).  Specifically, the application identifies goods based on use in commerce that are classified in at least three classes; however, applicant submitted a fee sufficient for only one class.  Applicant must either (a) submit the filing fees for the classes not covered by the submitted fees or (b) restrict the application to the number of classes covered by the fees already paid.

 

(3)        Submit verified dates of first use of the mark anywhere and in commerce for each international class.  See more information about verified dates of use.

 

(4)        Submit a specimen for each international class.  The current specimen is acceptable for Class 9; and applicant needs a specimen for Classes 11 and 15.  See more information about specimens.

 

Examples of specimens.  Specimens for goods include a photograph of (1) the actual goods bearing the mark; (2) an actual container, packaging, tag or label for the goods bearing the mark; or (3) a point-of-sale display showing the mark directly associated with the goods.  See 37 C.F.R. §2.56(b)(1), (c); TMEP §904.03(a)-(m).  A webpage specimen submitted as a display associated with the goods must show the mark in association with a picture or textual description of the goods and include information necessary for ordering the goods.  TMEP §904.03(i); see 37 C.F.R. §2.56(b)(1), (c). 

 

Specimens for services must show a direct association between the mark and the services and include:  (1) copies of advertising and marketing material, (2) a photograph of business signage or billboards, or (3) materials showing the mark in the sale, rendering, or advertising of the services.  See 37 C.F.R. §2.56(b)(2), (c); TMEP §1301.04(a), (h)(iv)(C). 

 

Any webpage printout or screenshot submitted as a specimen must include the webpage’s URL and the date it was accessed or printed on the specimen itself, within the TEAS form that submits the specimen, or in a verified statement under 37 C.F.R. §2.20 or 28 U.S.C. §1746 in a later-filed response.  See 37 C.F.R. §2.56(c); TMEP §§904.03(i), 1301.04(a).

 

(5)        Submit a verified statement that “The specimen was in use in commerce on or in connection with the goods and/or services listed in the application at least as early as the filing date of the application.”  See more information about verification.

 

See 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c).

 

For an overview of the requirements for a Section 1(a) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, see the Multiple-class Application webpage.

 

General Information

 

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.

 

 

 

 

 

 

 

How to respond.  Click to file a response to this nonfinal Office action.    

 

 

/Doritt Carroll/

Trademark Examining Attorney

Law Office 116

571-272-9138

doritt.carroll@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 August 20, 2021 for

U.S. Trademark Application Serial No. 90674932

 

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. 

 

 

/Doritt Carroll/

Trademark Examining Attorney

Law Office 116

571-272-9138

doritt.carroll@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 August 20, 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.”