throbber
To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Panasonic Corporation (trademark@hsml.com)
`
`U.S. TRADEMARK APPLICATION NO. 87861103 - FUTURE CRAFT - 20651.60US01
`
`5/4/2018 8:21:34 PM
`
`ECOM116@USPTO.GOV
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`*87861103*
`
`CLICK HERE TO RESPOND TO THIS
`LETTER:
`http://www.uspto.gov/trademarks/teas/response_forms.jsp
`
`VIEW YOUR APPLICATION FILE
`
`U.S. APPLICATION
`SERIAL NO.   87861103
`
`           
`
`MARK: FUTURE
`CRAFT
`
`CORRESPONDENT
`ADDRESS:
`  
`       SARAH G.
`VOELLER
`  
`       HAMRE,
`SCHUMANN,
`MUELLER & LARSON,
`P.C.
`         45 SOUTH
`SEVENTH STREET,
`SUITE 2700
`           MINNEAPOLIS, MN
`55402
`    
`   
`APPLICANT: Panasonic
`Corporation
`
`    
`
`CORRESPONDENT’S
`REFERENCE/DOCKET
`
`   
`
`NO:       
`
`  20651.60US01
`CORRESPONDENT
`
`E-MAIL ADDRESS:   
`
`trademark@hsml.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: 5/4/2018
`
`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
`
`additional fee.     
`
`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.
`
`SUMMARY OF ISSUES:
`Requirement for clarification of the identification of goods
`Multiple class application requirements
`Mark differs in drawing and foreign registration
`
`SEARCH RESULTS
`
`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).
`
`However, applicant must address the following issues.
`
`IDENTIFICATION OF GOODS
`
`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.
`
`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.
`
`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
`
`identification of goods.  TMEP §1402.01(a).  
`
`The following substitute wording is suggested, if accurate:
`
`“Electric flat irons” in International Class 8
`
`“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
`
`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).
`
`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.
`
`Please note that the identification of goods in Classes 7 and 11 is acceptable as written.
`
`MULTIPLE CLASS APPLICATIONS REQUIREMENTS
`
`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:
`
`(1)      
`
`List the goods 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 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.
`
`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 Sections 1(b) and 44 multiple-class application and how to satisfy the requirements online using the
`Trademark Electronic Application System (TEAS) form.
`
`MARK DIFFERS IN DRAWING AND FOREIGN REGISTRATION
`
`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.
`
`Applicant may respond by satisfying one of the following:
`
`(1)      
`
`(2)      
`
`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
`
`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: 
`
`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.   
`
`/Kristina Morris/
`Examining Attorney
`Law Office 116
`



`  





`  




`

`

`571-272-5895
`kristina.morris@uspto.gov (informal queries only)
`
`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.
`
`  




`  
`

`

`To:
`
`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:
`
`(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 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.
`
`(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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