To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Panasonic Avionics Corporation (docketing@procopio.com)
`
`U.S. TRADEMARK APPLICATION NO. 87357816 - NEXT - 10647501US01
`
`6/10/2017 8:05:57 PM
`
`ECOM109@USPTO.GOV
`
`Attachment - 1
`Attachment - 2
`Attachment - 3
`Attachment - 4
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`U.S. APPLICATION SERIAL NO.   87357816
`
`           
`
`MARK: NEXT
`
`CORRESPONDENT ADDRESS:
`  
`       MARINA A. LEWIS
`
`*87357816*
`
`CLICK HERE TO RESPOND TO THIS LETTER:
`
`  
`
`       PROCOPIO, CORY, HARGREAVES & SAVITCH, LL
`
`http://www.uspto.gov/trademarks/teas/response_forms.jsp
`
`        
`
`525 B STREET, SUITE 2200
`
`           SAN DIEGO, CA 92101
`
`    
`
`   
`
`VIEW YOUR APPLICATION FILE
`
`APPLICANT: Panasonic Avionics Corporation
`
`    
`CORRESPONDENT’S REFERENCE/DOCKET NO :       
`CORRESPONDENT E-MAIL ADDRESS:       
`
`  10647501US01
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`   
`
`docketing@procopio.com
`
`OFFICE ACTION
`
`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.
`
`ISSUE/MAILING DATE: 6/10/2017
`
`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.
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`SEARCH OF OFFICE’S DATABASE OF MARKS - PRIOR-FILED APPLICATION
`
`The trademark examining attorney has searched the USPTO’s database of registered and pending marks and has found no similar registered
`marks that would bar registration under Trademark Act Section 2(d).  TMEP §704.02; see 15 U.S.C. §1052(d).  However, a mark in a prior-filed
`pending application may present a bar to registration of applicant’s mark.
`
`The filing date of pending U.S. Application Serial No. 79/184170 precedes applicant’s filing date.  See attached referenced application.  If the
`mark in the referenced application registers, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a
`likelihood of confusion between the two marks.  See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq.  Therefore, upon receipt of
`applicant’s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced
`application.
`
`In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict
`between applicant’s mark and the mark in the referenced application.  Applicant’s election not to submit arguments at this time in no way limits
`applicant’s right to address this issue later if a refusal under Section 2(d) issues.
`
`SUMMARY OF ISSUES:
`
`Identification/classification of goods/services
`
`INFORMALITIES
`
`Applicant must also respond to the requirement(s) set forth below.
`
`IDENTIFICATION/CLASSIFICATION OF GOODS/SERVICES
`
`The identification/classification of goods/services is indefinite and must be clarified because the nature of the goods/services cannot be
`
`ascertained and accurately classified.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  
`Applicant may adopt the following identification, if accurate:  
`
`“Aeronautical telecommunication services; Internet service provider services; Internet telephony services; Providing telecommunication
`connectivity services for transfer of images, messages, audio, visual, audiovisual, and multimedia works; Satellite communication
`services; Transmission of sound and vision via satellite or interactive multimedia networks; Transmission of sound, video and
`information; Video-on-demand transmission services; Broadcasting services and provision of telecommunication access to films and
`television programs provided via a video-on-demand service; Communication via computer terminals, by digital transmission or by
`satellite; Electronic transmission and streaming of digital media content for others via global and local computer networks; Providing
`telecommunication connections to the internet or databases; Transmission of data, sound and images by satellite; Streaming of audio,
`visual and audiovisual material via a global computer network; Streaming of data; Electronic streaming of digital media content
`for others via global and local computer networks; webcasting services; audio, video, and multimedia broadcasting via the Internet
`and other communications networks; transmission of electronic media, multimedia content, videos, movies, audio content, and
`information via the Internet and other communications networks; Providing electronic telecommunications connection services via an
`onboard, inflight, or in transit entertainment system on land vehicles, marine vessels, offshore oil platforms, and aircraft;
`transmission of multimedia content and data via onboard, inflight, or in transit entertainment systems on land vehicles, marine vessels,
`offshore oil platforms, and aircraft featuring movies, television programs, audio programs, video programs, radio programs, news, in-
`cabin services, and electronic games.”
`
`International Class 38.
`
`“Entertainment services, namely, providing movies, television programs, audio programs, video programs, radio programs, news, in-
`cabin services, and electronic games via the Internet, via an onboard, inflight or in transit entertainment system on land vehicles, marine
`vessels, offshore oil platforms, and aircraft, and on-line from Internet television and radio; entertainment services, namely, providing
`onboard, inflight, and in transit entertainment services on land vehicles, marine vessels, offshore oil platforms, and aircraft featuring
`movies, television programs, audio programs, video programs, radio programs, news, in-cabin services, and electronic games.”
`
`International Class 41.
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`                       
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`“ Providing temporary use of online non-downloadable multimedia software applications for accessing social media, e-commerce,
`Internet, and email.”
`
`                       
`
`International Class 42.
`
`The identification of goods/services for Classes 9 and 35 are 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.
`
`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).
`
`The application identifies goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below
`for each international class based on Trademark Act Section 1(b):
`
`(1)      
`
`List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest
`numbered class.
`
`(2)      
`
`Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule at
`http://www.uspto.gov/trademarks/tm_fee_info.jsp).  The application identifies goods and/or services that are classified in at least 5
`classes; however, applicant submitted a fees sufficient for only 4 classes.  Applicant must either submit the filing fees for the classes
`not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
`
`See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
`
`For an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark
`Electronic Application System (TEAS) form, please go to http://www.uspto.gov/trademarks/law/multiclass.jsp.
`
`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.
`
`RESPONSE GUIDELINES
`
`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 incurring
`
`this additional fee.     
`
`/Tracy Cross/
`
`Examining Attorney
`
`Law Office 109
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`(571) 272-9271
`
`Tracy.Cross@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.
`
`All informal e-mail communications relevant to this application will be placed in the official application record.
`
`WHO MUST SIGN THE RESPONSE:  It must be personally signed by an individual applicant or someone with legal authority to bind an
`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
`
`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/.
`
`TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.
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`Print: Jun 10, 2017
`
`3184110
`
`Issue: Jun 21,2017
`
`DESIGN MARK
`
`serial Number
`TSISAITD
`
`Status
`PUBLISHED EoR OPPOSITION
`
`Word Mark
`NEXT
`
`Standard Character Mark
`No
`
`Type of Mark
`TRADEMARK; SERVIcE MARK
`
`Register
`PRINCIPAL
`
`Mark Drawing Code
`[3] DESIGN PLUS WORDS, LETTERS ANDjoR NUMBERS
`
`Owner
`Baywa AG Stock Corporation FED REP GERMANY Arabellastrasse 4 81925
`Munchen FED REP GERMANY
`
`Goodsmervices
`Class Status -- ACTIVE.
`
`10 009.
`
`US
`
`021 023 026 036 038.
`
`G & 8:
`
`
`
`Scientific, nautical, surveying, photographic, cinematographic,
`optical, weighing, measuring, signaling, checking life—saving and
`teaching apparatus and instruments, namely, electric sensors for use
`with agricultural machines and mechanical agricultural implements;
`apparatus and instruments for conducting, switching,
`transforming,
`accumulating, regulating or controlling electricity, namely,
`electrical conductors, electric switches, electrical transformers,
`
`electrical accumulators, voltage regulators, and electrical
`controllers for use with agricultural machines and mechanical
`agricultural implements: electronic regulating, control and monitoring
`devices, apparatus and instruments, namely, voltage regulators,
`electrical controllers, and electronic monitors for monitoring flow
`meters for use with agricultural machines and mechanical agricultural
`implements; on—board computers for use with agricultural machines and
`mechanical agricultural implements; weather information apparatus,
`namely, weather balloons, weather radios, barometers,
`thermometers,
`hygrometers, anemometers; apparatus for recording,
`transmission or
`reproduction of sound or images; blank magnetic data carriers; blank
`recording discs in the nature of magnetic discs; compact discs,
`namely, blank CD-ROMs for sound or video recording; blank recordable
`DVDs; blank digital recording media, namely, CDs, DVDs, and
`downloadable audio files; digital recording media, namely,
`
`.1.
`
`

`

`Print: Jun 10, 2017
`
`T918411!!!
`
`Issue: Jun 21,2017
`
`
`
`pre—recorded CDs, pre—recorded DVDs containing documentaries about
`agricultural and horticultural subjects; CD-ROMs featuring software
`for use in operating, managing and controlling agricultural machinery,
`for tracking, managing, compiling crop and weather data; satellite
`
`transceivers; calculators: data processing hardware: computers;
`
`software for regulating, controlling and monitoring of agricultural
`machinery, fields, stocks and whole farm; computer software, namely,
`operating programs and software applications for forecasting the
`weather: computer software for use in operating, managing and
`controlling agricultural machinery; computer software for tracking,
`managing, and compiling crop and weather data; computer software for
`use with mobile devices and wireless devices, namely, software for
`tracking, managing, and compiling modeled satellite maps;
`farm
`management information system software; software for providing IT
`system solutions for agricultural applications.
`
`GoodsfServices
`Class Status -- HCTIVE.
`
`IC 038.
`
`US
`
`100 101 104.
`
`G a S:
`
`
`
`
`
`in particular, providing access to a computer
`Telecommunications,
`network, providing of access to information on the internet,
`internet
`access: providing telecommunications connections to a computer
`network, portals on the internet and an intranet; providing of
`telecommunications channels for teleshopping services; e—mail
`services;
`telecommunications services in conneCtion with agricultural
`management, namely,
`transmission of podcasts and webcasts; web
`
`messaging, namely,
`forwarding and collection of messages of all kinds
`to or from internet addresses:
`transmission of data via satellite;
`
`information about telecommunication; electronic bulletin board
`services;
`telecommunications services, namely,
`local and long distance
`telephone services, wireless telephone services,
`transmission of
`voice, data, graphics, sound and video by means of broadband, power
`line or wireless networks,
`telecommunication access services,
`providing fiber optic network services, transfer of data by
`telecommunications,
`telecommunication consultation services;
`telecommunications routing and junction services; communications by
`cellular phones; rental of telephone, radio, radio telephone and radio
`facsimile apparatus and modems.
`
`GoodsISe-rvices
`Class Status -- ACTIVE.
`
`IC 042.
`
`US
`
`100 101.
`
`G a S: Scientific and
`
`technological services, namely, research and design in the field of
`
`agriculture, forestry, horticulture, agricultural machinery and
`equipment, computer hardware and software for use in the agricultural
`and forestry industries; building planning and infrastructure systems
`for silos and liquid manure containers, barns, storage halls and
`
`
`stable constructions;
`technical air quality monitoring services of
`silos and liquid manure containers, storage halls and stable
`industrial
`constructions; design and development of computer software:
`chemical analysis and industrial research services in the field of air
`quality; design and development of computer hardware and software,
`in
`particular design and development of software for use in forestry,
`
`
`
`Q.
`
`

`

`Print: Jun 10, 2017
`
`3184110
`
`Issue: Jun 21,2017
`
`
`
`
`
`implementation,
`horticulture and agriculture; design, development,
`installation and updating of computer software,
`in particular software
`applications, computer systems software and websites; hosting,
`in
`particular hosting of websites and of other digital content on the
`internet; application service provider [ASP] services, namely,
`
`hosting, computer software applications of others; application service
`provider [ASP] featuring software for use in transmitting, managing,
`compiling,
`tracking agricultural data, forestry data, crop data;
`electronic data storage in connection with the spreading of liquid,
`granular and powder material over agricultural areas and the treatment
`of agricultural areas; hosting an online website featuring the trade
`of goods and services of all kinds: providing web hosting platforms on
`the internet and on intranets for the trade of goods and services.
`
`Priorityr Date
`zeisjoejos
`
`Description of Mark
`in stylized green
`The mark consists of the stylized word "NEXT"
`letters with the "X" featuring parallel upward pointing arrows in the
`upper right and parallel lines in the lower left.
`
`Colors Claimed
`The coloris] green isKare claimed as a feature of the mark.
`
`Filing Date
`2015H10H21
`
`Examining Attorney
`LOOK,
`JEFFREY
`
`Attorney of Record
`Timothy J. Lyden
`
`

`

`NE)?”T
`
`

`

`To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Panasonic Avionics Corporation (docketing@procopio.com)
`
`U.S. TRADEMARK APPLICATION NO. 87357816 - NEXT - 10647501US01
`
`6/10/2017 8:05:59 PM
`
`ECOM109@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 6/10/2017 FOR U.S. APPLICATION SERIAL NO. 87357816
`
`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 6/10/2017 (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
`
`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
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`closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay
`
`“fees.”   
`
`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.
`
`  
`