To: | WYERS PRODUCTS GROUP, INC. (swanson@shaverswanson.com) |
Subject: | U.S. Trademark Application Serial No. 90793402 - TRIMAX - WYER401 |
Sent: | March 23, 2022 01:16:34 PM |
Sent As: | ecom103@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90793402
Mark: TRIMAX
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Correspondence Address:
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Applicant: WYERS PRODUCTS GROUP, INC.
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Reference/Docket No. WYER401
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: March 23, 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
CLASSIFICATION OF GOODS REQUIRES AMENDMENT
Additionally, applicant has provided the application fee(s) for only 1 international class(es). Thus, not all international classes in the application are covered by the application fee(s). Because of this disparity, applicant must clarify the number of classes for which registration is sought. See 37 C.F.R. §§2.32(d), 2.86(a).
Applicant may respond by (1) adding one or more international class(es) to the application, and reclassifying the above goods and/or services accordingly; or (2) deleting from the application the goods and/or services for all but the number of international class(es) for which the application fee was submitted. See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq. If applicant adds one or more international classes to the application, applicant must comply with the multiple-class application requirements specified in this Office action.
Applicant should note the following additional requirement set forth below.
IDENTIFICATION OF GOODS REQUIRES AMENDMENT
The wording listed below from the identification of goods is indefinite and must be clarified for the reasons stated. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording “tow hitches, tow balls, hitch receiver pins, hitch coupler locks, … U lock coupler locks, specialty locks, … d-ring hitches” in the identification of goods is indefinite and must be clarified to further specify the nature of the goods as it is unclear from the current identification. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Summary of Suggested Amendments
To address the above issues, applicant may adopt any or all of the following identifications, if accurate (proposed changes shown in bold typeface,
proposed deletions shown in strikethrough; instructions and comments to applicant are set forth between curly brackets {}):
International Class 006 (NEW CLASS)
Metal locks for vehicle hitch receivers and metal cable locks for use with motorcycles, all-terrain vehicles, snowmobiles, recreational jet boats and spare tires for vehicles; metal padlocks; metal locks in the nature of disk locks for motorcycles; metal cable locks in the nature of alarm locks (Moved from International Class 012)
International Class 012
Metal locks for vehicle hitch receivers and metal cable locks for use with motorcycles, all-terrain vehicles, snowmobiles, recreational jet boats and spare tires for
vehicles, Towing apparatus, hardware and trailer hitch accessories made of metal used in towing a trailer behind an automotive vehicle, namely, tow hitches in the nature of trailer hitches, tow balls in the nature of trailer hitch balls, vehicle hitch receiver
pins, metal locking device for trailer hitch couplers locks, padlocks, disk locks for motorcycles, U lock coupler locks being metal locking devices for trailer hitch couplers, specialty locks in the nature of metal locking devices for trailer hitch couplers, alarm locks, d-ring
hitches in the nature of trailer hitches
International Class 013 (NEW CLASS)
Specialty locks, namely, gun locks (Moved from International Class 012)
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.
Scope Advisory
MULTIPLE-CLASS APPLICATION REQUIREMENTS
(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(s) already paid (view the USPTO’s current fee schedule). Specifically, the application identifies goods and/or services based on use in commerce that are classified in at least 3 classes; however, applicant submitted a fee(s) sufficient for only 1 class(es). 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(es) 006 and 012; and applicant needs a specimen for class(es) 013. 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).
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.
RESPONSE GUIDELINES
How to respond. Click to file a response to this nonfinal Office action.
/Christina L. Martin/
Trademark Examining Attorney
Law Office 103
(571) 270-0281
christina.martin@uspto.gov
RESPONSE GUIDANCE