To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Panasonic Corporation of North America (pctrademarks@perkinscoie.com)
`
`U.S. TRADEMARK APPLICATION NO. 87767160 - POWERHUB - 118383-4000
`
`4/5/2018 9:01:42 AM
`
`ECOM115@USPTO.GOV
`
`Attachment - 1
`Attachment - 2
`Attachment - 3
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`U.S. APPLICATION
`SERIAL NO. 87767160
`
`           
`
`MARK: POWERHUB
`
`CORRESPONDENT
`ADDRESS:
`  
`       THOMAS L. HOLT
`  
`       PERKINS COIE LLP
`         1201 THIRD AVENUE,
`SUITE 4900
`           SEATTLE, WA 98101
`    
`   
`APPLICANT: Panasonic
`Corporation of North America
`
`    
`
`*87767160*
`
`CLICK HERE TO RESPOND TO THIS
`LETTER:
`http://www.uspto.gov/trademarks/teas/response_forms.jsp
`
`VIEW YOUR APPLICATION FILE
`
`ATTORNEY DOCKET NO:
`118383-4000
`
`   
`
`CORRESPONDENT E-
`
`MAIL ADDRESS:       
`
`pctrademarks@perkinscoie.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: 4/5/2018
`
`The undersigned trademark examining attorney has reviewed the referenced application. 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.
`
`Prior Pending Application
`
`This potential refusal applies to Class 36 only.
`
`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. 86598518 precedes applicant’s filing date.  See attached referenced application. If
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`the
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`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.
`
`Applicant Must Amend The Identification
`
`The identification is indefinite and overly broad and must be amended as shown below to clarify the nature of the goods and services and to
`properly classify them. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. In particular, consumer product information is classified in Class
`35, webinars in Class 9 or 41, and technical support in Class 37 or 42.
`
`Applicant may adopt the following identification, if accurate:
`
`“Downloadable webinars in the field of solar energy,” in International Class 9;
`
`“Providing an Internet website portal featuring consumer product information and marketing materials in the field of solar energy,” in
`International Class 35;
`
`“Providing financial information in the field of solar energy,” in International Class 36;
`
`“Providing technical support, namely, technical advice concerning the installation, repair and maintenance of solar energy equipment,”
`in International Class 37;
`
`“Providing non-downloadable webinars in the field of solar energy,” in International Class 41; and
`
`“Providing technical support, namely, troubleshooting solar energy computer software problems,” in International Class 42.
`
`Applicant’s 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. Applicant may clarify or limit the identification by inserting qualifying language or deleting
`items to result
`in a more specific identification; however, applicant may not substitute different services or add services not found or
`encompassed by those in the original application or as acceptably amended. See TMEP §1402.06(a)-(b). The scope of the services sets the outer
`limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification. TMEP
`§§1402.06(b), 1402.07(a)-(b). Any acceptable changes to the services will further limit scope, and once services are deleted, they are not
`permitted to be reinserted. TMEP §1402.07(e).
`
`For assistance with identification and classification in trademark applications, please consult the USPTO’s online searchable U.S. Acceptable
`Identification of Goods and Services Manual. See TMEP §1402.04.
`
`Multi-Class Application Requirements
`
`The application identifies goods and 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)      
`
`(2)      
`
`List the goods and services by their international class number in consecutive numerical order, starting with the lowest numbered
`class.
`
`Submit a filing fee for each international class not covered by the fee already paid (view the USPTO’s current fee schedule). The
`application identifies goods and services that are classified in at least six classes. However, applicant submitted a fee sufficient for
`only one class. 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).
`
`See an overview of the requirements for a multiple-class application and how to satisfy the requirements online using the Trademark Electronic
`Application System (TEAS) form.
`
`TEAS RF Application Requirements
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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 email correspondence address;
`and (3) agree to receive correspondence from the USPTO by email 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 email without
`incurring this additional fee.
`
`Applicant is invited to contact the assigned examining attorney with any questions regarding this action.
`
`/Katherine S. Chang/
`Trademark Examining Attorney
`Law Office 115
`571-270-1528
`katherine.chang@uspto.gov
`
`TO RESPOND: Go to response forms and choose option #1. 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-
`the Office action itself, please contact the assigned trademark examining attorney. E-mail
`mail TEAS@uspto.gov. For questions about
`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 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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`Pfint:Apr5,2818
`
`88588518
`
`DESIGN MARK
`
`serial Number
`88588518
`
`Status
`SECoND EXTENSION — GRANTED
`
`Word Mark
`POWERHUB
`
`Standard Character Mark
`Yes
`
`Type of Mark
`SERvICE MARK
`
`Register
`PRINCIPAL
`
`Mark Drawing Code
`[4]
`STANDARD CHARACTER MARK
`
`Owner
`ISGN Corporation CORPORATION DELAWARE 2330 Commerce Park Drive NE,
`Suite 2 Palm Bay FLORIDA 32905
`
`Goodsfiewices
`
`G & S: Providing
`100 101 102.
`US
`IC 036.
`Class Status -- ACTIVE.
`financial loan services, namely, consumer loan and mortgage approval,
`consumer loan and mortgage administration, consumer loan boarding,
`consumer loan and mortgage servicing, consumer loan and mortgage
`project management, namely, management of loan approvals,
`loan
`administration, and loan servicing, consumer loan and mortgage
`customer service, namely, consumer loan and mortgage portfolio review,
`consumer loan and mortgage report generation and payment processing,
`consumer loan and mortgage settlement services and vendor management
`for managing order entry, order status, order processing and order
`fulfillment.
`
`GoodsfServices
`
`
`
`
`G a S: Providing, via
`100 101.
`US
`Class Status -- ACT'
`..
`'C 042.
`
`
`a website, non—down‘oadab_e software for use in consumer loan and
`mortgage approval, consumer loan and mortgage administration, consumer
`loan boarding, consumer loan and mortgage servicing, consumer loan and
`mortgage project management, namely, management of loan approvals,
`loan administration, and loan servicing, consumer loan and mortgage
`customer service, namely, consumer loan and mortgage portfolio review,
`consumer loan and mortgage report generation and payment processing,
`consumer loan and mortgage settlement services and vendor management
`for managing order entry, order status, order processing and order
`
`.1.
`
`

`

`86598513
`
`Pfint:Apr5,ZD1B
`
`fulfillment.
`
`Filing Date
`2015f04f15
`
`Examining Attorney
`MURRAY , DAVID
`
`Attorney,»r of Record
`Kyle M. Globerman
`
`

`

`POWERHUB
`
`

`

`To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Panasonic Corporation of North America (pctrademarks@perkinscoie.com)
`
`U.S. TRADEMARK APPLICATION NO. 87767160 - POWERHUB - 118383-4000
`
`4/5/2018 9:01:44 AM
`
`ECOM115@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 4/5/2018 FOR U.S. APPLICATION SERIAL NO. 87767160
`
`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 4/5/2018 (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
`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.
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