To: | Walmart Apollo, LLC (ustm@walmartlegal.com) |
Subject: | U.S. Trademark Application Serial No. 97002386 - HYPER TOUGH - 81439025 |
Sent: | June 14, 2022 12:53:51 PM |
Sent As: | ecom306@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 97002386
Mark: HYPER TOUGH
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Correspondence Address:
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Applicant: Walmart Apollo, LLC
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Reference/Docket No. 81439025
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: June 14, 2022
Search Results – No Conflicting Marks Found
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.
Classification and Identification of Goods – Amendment Required
Applicant has classified “telescoping light bulb changer and kits” in International Class 9; however, the proper classification is International Class 8. The goods are classified incorrectly. Applicant must amend the application to classify the goods in International Class 8. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b).
Applicant may substitute the following wording, if accurate:
· International Class 8: “telescoping light bulb changer, namely, a hand-operated telescoping tool for removing and changing light bulbs in light fixtures; light bulb changing kits comprised primarily of a hand-operated telescoping tool for removing and changing light bulbs in light fixtures and also including light bulbs”
Applicant may amend the identification 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. Generally, any deleted goods and/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.
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.
/Richard R. McCutcheon/
Examining Attorney, Law Office 306
U.S. Patent and Trademark Office
Richard.McCutcheon@uspto.gov
571-272-7976
RESPONSE GUIDANCE