To:
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`Subject:
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`Sent:
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`Sent As:
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`Attachments:
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`Panasonic Corporation (trademark@hsml.com)
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`U.S. TRADEMARK APPLICATION NO. 86715312 - POST FOCUS - 20651.0006US
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`2/22/2017 2:39:45 PM
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`ECOM105@USPTO.GOV
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`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
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`U.S. APPLICATION SERIAL NO.   86715312
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`           
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`MARK: POST FOCUS
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`CORRESPONDENT ADDRESS:
`  
`       SARAH G. VOELLER
`  
`        HAMRE, SCHUMANN, MUELLER & LARSON, P.C.
`         45 S 7TH ST STE 2700
`           MINNEAPOLIS, MN 55402-1683
`    
`   
`APPLICANT: Panasonic Corporation
`
`*86715312*
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`CLICK HERE TO RESPOND TO THIS LETTER:
`http://www.uspto.gov/trademarks/teas/response_forms.jsp
`
`VIEW YOUR APPLICATION FILE
`
`    
`CORRESPONDENT’S REFERENCE/DOCKET NO :       
`CORRESPONDENT E-MAIL ADDRESS:       
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`  20651.0006US
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`   
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`trademark@hsml.com
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`OFFICE ACTION
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`STRICT DEADLINE TO RESPOND TO THIS LETTER
`TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S
`COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.   A RESPONSE
`TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE
`MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
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`ISSUE/MAILING DATE: 2/22/2017
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`INTRODUCTION
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`This Office action is in response to applicant’s communication filed on January 25, 2017.
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`In a previous Office action dated December 21, 2016, the trademark examining attorney refused registration of the applied-for mark based on the
`following:  Specimen Unacceptable.  In addition, applicant was required to satisfy the following requirements:  Identification of Goods
`Amendment Required and Information about Goods Required.
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`In response, applicant provided further information about the goods. Therefore, the trademark examining attorney notes that the following
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`requirement has been satisfied: Information about Goods Required.  See TMEP §§713.02, 714.04.  
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`In addition, applicant amended the identification of goods. For the reasons explained below, the amendment is unacceptable. Therefore, the
`original identification remains operative and the Identification of Goods Amendment Required requirement and Specimen Unacceptable refusal
`are maintained and CONTINUED.
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`Finally, applicant added a 44(e) basis. For the reasons explained below, the additional basis is not acceptable. Therefore, the following issue is
`added and made NEW: Deletion of 44(e) Basis or Petition to Director Required.
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`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.
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`SUMMARY OF ISSUES:
`Specimen Unacceptable
`Identification of Goods Amendment Required
`Deletion of 44(e) Basis or Petition to Director Required
`
`SPECIMEN UNACCEPTABLE
`
`Registration is refused because the specimen does not show the applied-for mark in use in commerce in International Class 009.  Trademark Act
`Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).  In this case, the specimen indicates
`that POST FOCUS is a component part or feature of the digital cameras. The mark POST FOCUS is not used in connection to the goods of
`digital cameras themselves. As discussed further below, the identification amendment is unacceptable. Therefore, the original identification
`remains operative for purposes of the refusal.
`
`An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark in use in commerce for each
`international class of goods identified in the application or amendment to allege use.  15 U.S.C. §1051(a)(1); 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a);
`
`TMEP §§904, 904.07(a).  
`
`Examples of specimens for goods include tags, labels, instruction manuals, containers, photographs that show the mark on the actual goods or
`packaging, and displays associated with the actual goods at their point of sale.  See TMEP §§904.03 et seq.  Webpages may also be specimens
`for goods when they include a picture or textual description of the goods associated with the mark and the means to order the goods.  TMEP
`§904.03(i).  However, leaflets, handbills, advertising circulars, and other advertising materials generally are not acceptable specimens for goods. 
`See TMEP §§904.03 et seq.
`
`Applicant may respond to this refusal by satisfying one of the following for each applicable international class:
`
`(1)      
`
`Submit a different specimen (a verified “substitute” specimen ) that (a) was in actual use in commerce at least as early as the
`filing date of the application or prior to the filing of an amendment to allege use and (b) shows the mark in actual use in
`commerce for the goods identified in the application or amendment to allege use.  A “verified substitute specimen” is a specimen
`that is accompanied by the following statement made in a signed affidavit or supported by a declaration under 37 C.F.R. §2.20: 
`“The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the
`filing date of the application or prior to the filing of the amendment to allege use.”   The substitute specimen cannot be accepted
`without this statement.
`
`(2)      
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`Amend the filing basis to intent to use under Section 1(b), for which no specimen is required.  This option will later necessitate
`additional fee(s) and filing requirements such as providing a specimen.
`
`For an overview of both response options referenced above and instructions on how to satisfy either option online using the Trademark Electronic
`Application System (TEAS) form, please go to http://www.uspto.gov/trademarks/law/specimen.jsp.
`
`Although applicant’s mark has been refused registration, applicant may respond to the refusal by submitting evidence and arguments in support
`of registration.
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`If applicant responds to the refusal, applicant must also respond to the requirements set forth below.
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`IDENTIFICATION OF GOODS AMENDMENT REQUIRED
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`The proposed amendment to the identification is not acceptable because it exceeds the scope of the identification in the application.  See 37
`C.F.R. §§2.32(a)(6), 2.71(a); TMEP §§805, 1402.06 et seq., 1402.07.  Applicant’s goods and/or services may be clarified or limited, but may
`not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06. 
`Therefore, the original identification in the application, and any previously accepted amendments, remain operative for purposes of future
`amendment.   See 37 C.F.R. §2.71(a); TMEP §1402.07(d).
`
`In this case, the application originally identified the goods and/or services as follows:  “Digital cameras; digital still cameras; camcorders.”
`
`However, the proposed amendment identifies the following goods and/or services:  “Camera function that enables a user to focus an image in
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`4K resolution after the image has been taken.”   
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`This proposed amendment is beyond the scope of the original identification because unless the function is an integral component part of the
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`goods, they are not within the scope of cameras themselves.  
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`Applicant may adopt the following identification, if accurate: 
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`International Class 009: camera function sold as an integral component part of digital cameras that enables a user to focus an image in
`4K resolution after the image has been taken
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`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.
`
`DELETION OF 44(e) BASIS OR PETITION TO DIRECTOR REQUIRED
`
`Applicant has amended the application to add a §44(e) filing basis. The amendment is rejected because no petition was filed. An applicant who
`wants to add or substitute a §44(e) basis after filing a statement of use must file a “Petition the Director”, available at
`https://www.uspto.gov/trademarks-application-process/filing-online/petition-forms, to allow the examining attorney to consider the amendment. 
`See TMEP §806.03(j)(iii). The applicant must submit a copy of the foreign registration (and an English translation, if necessary) with the petition.
`See 37 C.F.R. §2.34(a)(3)(ii); TMEP §§ 1004.01, 1004.01(b). If the petition is granted, the mark must be republished.  37 C.F.R. §2.35(b)(2);
`TMEP §806.03(j).
`
`Alternatively, applicant may respond by deleting the §44(e) filing basis.
`
`For further information, please see https://www.uspto.gov/trademarks-application-process/basis.
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`ASSISTANCE
`
`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.
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`TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL
`REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE:  Applicants who filed their application
`online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to
`Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address;
`and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application.  See 37 C.F.R. §§2.22(b),
`2.23(b); TMEP §§819, 820.  TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of
`$125 per class of goods and/or services.  37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04.  However, in certain situations,
`TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without
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`incurring this additional fee.    
`
`/Kristin Williams/
`Kristin Williams
`Examining Attorney
`Law Office 105
`(571) 270-1942
`kristin.williams@uspto.gov
`
`TO RESPOND TO THIS LETTER:   Go to http://www.uspto.gov/trademarks/teas/response_forms.jsp.   Please wait 48-72 hours from the
`issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. 
`For technical assistance with online forms, e-mail TEAS@uspto.gov.  For questions about the Office action itself, please contact the assigned
`trademark examining attorney.  E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to
`this Office action by e-mail.
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`All informal e-mail communications relevant to this application will be placed in the official application record.
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`WHO MUST SIGN THE RESPONSE:  It must be personally signed by an individual applicant or someone with legal authority to bind an
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`applicant (i.e., a corporate officer, a general partner, all joint applicants).  If an applicant is represented by an attorney, the attorney must sign the
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`response.  
`PERIODICALLY CHECK THE STATUS OF THE APPLICATION:   To ensure that applicant does not miss crucial deadlines or official
`notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at
`http://tsdr.uspto.gov/.   Please keep a copy of the TSDR status screen.   If the status shows no change for more than six months, contact the
`Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199.   For more information on checking
`status, see http://www.uspto.gov/trademarks/process/status/.
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`TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.
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`To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Panasonic Corporation (trademark@hsml.com)
`
`U.S. TRADEMARK APPLICATION NO. 86715312 - POST FOCUS - 20651.0006US
`
`2/22/2017 2:39:46 PM
`
`ECOM105@USPTO.GOV
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`
`IMPORTANT NOTICE REGARDING YOUR
`U.S. TRADEMARK APPLICATION
`
`USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED
`ON 2/22/2017 FOR U.S. APPLICATION SERIAL NO. 86715312
`
`Please follow the instructions below:
`
`(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.uspto.gov, enter the U.S. application serial number, and click on
`“Documents.”
`
`The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24
`hours of this e-mail notification.
`
`(2)  TIMELY RESPONSE IS REQUIRED:  Please carefully review the Office action to determine (1) how to respond, and (2) the applicable
`response time period.  Your response deadline will be calculated from 2/22/2017 (or sooner if specified in the Office action).  A response
`transmitted through the Trademark Electronic Application System (TEAS) must be received before midnight Eastern Time of the last day of the
`response period.   For information regarding response time periods, see http://www.uspto.gov/trademarks/process/status/responsetime.jsp.
`
`Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as
`responses to Office actions. 
`Instead,
`the USPTO recommends that you respond online using the TEAS response form located at
`http://www.uspto.gov/trademarks/teas/response_forms.jsp.
`
`(3)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For
`technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail
`TSDR@uspto.gov.
`
`WARNING
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`Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application.  For
`more information regarding abandonment, see http://www.uspto.gov/trademarks/basics/abandon.jsp.
`
`PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are
`using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that
`closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay
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`“fees.”   
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`Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document
`from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States
`Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”   For more information on how to handle
`private company solicitations, see http://www.uspto.gov/trademarks/solicitation_warnings.jsp.
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