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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. 87861103 - FUTURE CRAFT - 20651.60US01
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`5/4/2018 8:21:34 PM
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`ECOM116@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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`*87861103*
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`CLICK HERE TO RESPOND TO THIS
`LETTER:
`http://www.uspto.gov/trademarks/teas/response_forms.jsp
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`VIEW YOUR APPLICATION FILE
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`U.S. APPLICATION
`SERIAL NO. 87861103
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`
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`MARK: FUTURE
`CRAFT
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`CORRESPONDENT
`ADDRESS:
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` SARAH G.
`VOELLER
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` HAMRE,
`SCHUMANN,
`MUELLER & LARSON,
`P.C.
` 45 SOUTH
`SEVENTH STREET,
`SUITE 2700
` MINNEAPOLIS, MN
`55402
`
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`APPLICANT: Panasonic
`Corporation
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`CORRESPONDENT’S
`REFERENCE/DOCKET
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`
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`NO:
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` 20651.60US01
`CORRESPONDENT
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`E-MAIL ADDRESS:
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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: 5/4/2018
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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. 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
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`TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this
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`additional fee.
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`The referenced application has been reviewed by the assigned trademark examining attorney. 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:
`Requirement for clarification of the identification of goods
`Multiple class application requirements
`Mark differs in drawing and foreign registration
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`SEARCH RESULTS
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`The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that
`would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
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`However, applicant must address the following issues.
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`IDENTIFICATION OF GOODS
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`The wording in the identification of goods must be clarified because it is too broad and could include goods in other international classes. See
`TMEP §§1402.01, 1402.03. In particular, applicant must clarify the nature of its printers because document printers are classified in Class 9,
`while printing machines, such as 3D printers are classified in Class 7.
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`Applicant has classified “Electric flat irons” in International Class 9; however, the proper classification is International Class 8. Therefore,
`applicant may respond by (1) adding International Class 8 to the application and reclassifying these goods in the proper international class, (2)
`deleting “Electric flat irons” from the application, or (3) deleting the remainder of the items in the identification and reclassifying the specified
`goods in the proper international class. 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 requirements specified in this Office action.
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`Applicant must replace the period between “stereo headphones” and “portable DVD players” with a semicolon and the forward slash between
`“recorders” and “players” with an “and.” Commas, semicolons, and apostrophes are the only punctuation that should be used in an
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`identification of goods. TMEP §1402.01(a).
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`The following substitute wording is suggested, if accurate:
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`“Electric flat irons” in International Class 8
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`“Navigation apparatus for vehicles; Audio equipment for vehicles, namely, stereos, speakers, amplifiers, equalizers, crossovers and speaker
`housings; facsimile transceivers; telephones; IP telephones; Monitoring televisions for door phone video intercom systems; Intercoms; wireless
`microphones; wireless receivers; Multi-function document printers comprising a printing function, a scanner and a facsimile machine;
`Photographic photocopiers; Electrostatic photocopiers; Thermal photocopiers; scanners; laser document printers; Network cameras; mobile
`computers for credit card payment; voice recorders; private exchange equipment, namely, automatic telephone exchanges; portable telephones;
`equipment for mobile communication base stations, namely, wireless transmitters and receivers; Terminals for POS (point of sale) systems;
`mobile computer equipment, namely, computer peripheral equipment; IC (integrated circuit) card readers; broadcasting machines and apparatus,
`namely, transmitting and receiving apparatus for radio and television broadcasting and for long-distance transmission; video cameras for
`broadcasting; video cassette recorders; DVD video recorders and players; television sets; portable televisions with DVD playing function;
`backlights for LCD (liquid crystal display) equipment; PC card adaptors; Electric switches; PDP (plasma display panel) television receivers; CRT
`(cathode ray tubes) television receivers; LCD (liquid crystal display) television receivers; cathode ray tubes; projection cathode-ray tubes; LCD
`(liquid crystal display) projectors; tuners for televisions; stereo systems comprising stereo amplifiers, stereo cables, stereo headphones, stereo
`receivers, stereo tuners; stereo tuners; amplifiers; home theater systems comprising audio amplifiers, audio speakers; DVD recorders; DVD
`players; video tape recorders; portable CD players; portable digital-audio disc players; SD (secure digital) audio players in the form of
`headphones; radios; IC (integrated circuit) recorders; stereo headphones; portable DVD players; digital cameras for using digital versatile discs;
`radio cassette recorders and players; digital video cameras; digital still cameras; laptop computers; PDAs (personal digital assistants); SD (secure
`digital) memory cards; DVD-RAM drives; Blank optical discs; blank tapes for digital video cassettes; blank digital video discs; Digital video disc
`drives; Camcorders for commercial use; Video monitors for commercial use; Electronic whiteboards; Electric terminals for credit card payment;
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`Printed circuit boards; video editing apparatus for commercial use; computers for video editing; electric and electronic video surveillance
`installations; circuit breakers; Earth leakage circuit breakers; electric relays; Apparatus for control of electric power, namely, DC/AC power
`converters; battery chargers; electrical adaptors for batteries and cells; Power distribution or control machines and apparatus, namely, electrical
`power supplies, electrical power converters; electrical power connectors, electrical power taps; lithium coin batteries; Lithium ion batteries;
`Nickel hydrogen batteries; Alkaline batteries; other batteries and cells, namely, rechargeable electric batteries, solar batteries, fuel cells, batteries
`for vehicles; Electric flash units for cameras; Electric alarm bells and buzzers; smoke detectors for defense” in International Class 9
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`Applicant’s goods 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 goods or add goods not found or
`encompassed by those in the original application or as acceptably amended. See TMEP §1402.06(a)-(b). The scope of the goods 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 goods will further limit scope, and once goods are deleted, they are not permitted
`to be reinserted. TMEP §1402.07(e).
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`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.
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`Please note that the identification of goods in Classes 7 and 11 is acceptable as written.
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`MULTIPLE CLASS APPLICATIONS REQUIREMENTS
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`The application identifies goods in more than one international class; therefore, applicant must satisfy all the requirements below for each
`international class based on Trademark Act Sections 1(b) and 44:
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`(1)
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`List the goods by their international class number in consecutive numerical order, starting with the lowest numbered class.
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`(2)
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`Submit a filing fee for each international class not covered by the fees already paid (view the USPTO’s current fee schedule).
`The application identifies goods that are classified in at least four classes; however, applicant submitted fees sufficient for only three
`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.
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`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).
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`See an overview of the requirements for a Sections 1(b) and 44 multiple-class application and how to satisfy the requirements online using the
`Trademark Electronic Application System (TEAS) form.
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`MARK DIFFERS IN DRAWING AND FOREIGN REGISTRATION
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`The USPTO cannot accept the drawing of the mark because it is not a “substantially exact representation” of the mark as it appears in the
`foreign application or registration. See 37 C.F.R. §2.51(c); In re Hacot-Colombier, 105 F.3d 616, 618-19, 41 USPQ2d 1523, 1525 (Fed. Cir.
`1997); TMEP §§807.12(b), 1011.01. Specifically, the marks do not correspond because the U.S. application contains a standard character claim
`and applicant indicated in the application that the foreign registration does not.
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`Applicant may respond by satisfying one of the following:
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`(1)
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`(2)
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`Submit the following statement in the U.S. application: “ Under the law of the country of origin, the foreign application or
`registration includes a claim that the mark is in standard characters (or the equivalent).”; or
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`Delete the standard character claim from the U.S. application and proceed with a special form drawing by submitting an accurate
`and concise description of the literal and design elements in the mark. The following mark description is suggested, if accurate:
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`The mark consists of the stylized wording FUTURE CRAFT.
`See 37 C.F.R. §§2.37, 2.52(b), 2.61(b); TMEP §§807.03(f), 808.02, 1011.01.
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`/Kristina Morris/
`Examining Attorney
`Law Office 116
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`571-272-5895
`kristina.morris@uspto.gov (informal queries only)
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`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
`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:
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`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Panasonic Corporation (trademark@hsml.com)
`
`U.S. TRADEMARK APPLICATION NO. 87861103 - FUTURE CRAFT - 20651.60US01
`
`5/4/2018 8:21:35 PM
`
`ECOM116@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 5/4/2018 FOR U.S. APPLICATION SERIAL NO. 87861103
`
`Please follow the instructions below:
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`(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.”
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`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.
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`(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 5/4/2018 (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.
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`(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.
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`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.
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`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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