To: | AMERICAN GEAR MANUFACTURERS ASSOCIATION (TMDocket@cm.law) |
Subject: | U.S. Trademark Application Serial No. 90727835 - AGMA - N/A |
Sent: | February 08, 2022 03:37:57 PM |
Sent As: | ecom109@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90727835
Mark: AGMA
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Correspondence Address: 13101 Preston Road, Ste. 110-1520
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Applicant: AMERICAN GEAR MANUFACTURERS ASSOCIATION
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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: February 08, 2022
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
MARK DESCRIPTION CLARIFICATION
The following description is suggested, if accurate:
The mark consists of the wording “AGMA” in stylized font, within a circle, within a stylized gear.
IDENTIFICATION OF SERVICES
The applicant’s identification of services are as follows:
· Class 35: Trade association services, namely, promoting the interests of companies, consultants, and academicians with an interest in gear manufacturing; Association services, namely, promoting public awareness of gear manufacturing; Providing a website featuring information for obtaining listings of contracts, suppliers, products, and job listings in the power transmission industry, provided via the Internet, and hypertext links to the websites of others for the purchase of power transmissions and gears of others; arranging and conducting trade shows in the field of gear manufacturing
· Class 41: Education services, namely, providing live and on-line courses and workshops in the field of gear manufacturing
· Class 42: Providing an online website featuring industry news and information relating to the design of power transmissions and gears
The highlighted portions of the applicant’s identification of services must be clarified because it fails to describe the underlying nature of the services with sufficient particularity and/or includes services classified in other classes. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must specify the common commercial or generic name for the services. If the services have no common commercial or generic name, applicant must describe the nature of the services as well as their main purpose, channels of trade, and the intended consumer(s).
Specifically, “Providing a website featuring information for obtaining listings of contracts, suppliers, products, and job listings in the power transmission industry, provided via the Internet, and hypertext links to the websites of others for the purchase of power transmissions and gears of others” is indefinite and requires further clarification as to the subject matter of the information as the classification of the services depends on the subject matter. As worded, the identification is unclear as to the information being provided for classification purposes. Furthermore, “hypertext links to the websites of others for the purchase of power transmissions and gears of others” by itself is indefinite and requires further clarification for proper classification.
Accordingly, applicant may adopt any or all of the following identification(s), if accurate:
· CLASS 35: Trade association services, namely, promoting the interests of companies, consultants, and academicians with an interest in gear manufacturing; Association services, namely, promoting public awareness of gear manufacturing; Providing a website featuring business information listing business contracts, manufacturing suppliers, consumer products, and online employment information in the field of job listings in the power transmission industry, provided via the Internet, and promoting the goods and services of others by providing hypertext links to the websites of others for the purchase of power transmissions and gears of others; arranging and conducting trade shows in the field of gear manufacturing
· CLASS 41: [ACCEPTABLE]
· CLASS 42: [ACCEPTABLE]
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
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
How to respond. Click to file a response to this nonfinal Office action.
/Philip Liu/
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 109
(571) 272 - 6792
Philip.Liu@uspto.gov
RESPONSE GUIDANCE