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 (DCPTOTrademarkMail@hoganlovells.com)
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`U.S. TRADEMARK APPLICATION NO. 88230041 - NANOE X - 1P3518.10856
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`1/30/2019 9:24:17 PM
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`ECOM114@USPTO.GOV
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`U.S. APPLICATION SERIAL NO.  
`88230041
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`           
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`MARK: NANOE X
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`CORRESPONDENT ADDRESS:
`  
`       JULIA ANNE MATHESON
`
`  
`
`        HOGAN LOVELLS US LLP
`
`         555 13TH STREET NW
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`           WASHINGTON, DC 20004
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`    
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`   
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`APPLICANT: Panasonic Corporation
`
`    
`
`*88230041*
`
`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:       
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`  1P3518.10856
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`   
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`CORRESPONDENT E-MAIL
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`ADDRESS:       
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`DCPTOTrademarkMail@hoganlovells.com
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`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: 1/30/2019
`
`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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`SEARCH OF OFFICE’S DATABASE OF MARKS
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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).
`
`SUMMARY OF ISSUES:
`
`Signed Declaration is Incomplete
`Identification of Goods
`Translation of Foreign Certificate Required
`
`SIGNED DECLARATION IS INCOMPLETE
`
`The declaration in the application is not acceptable because it omits some of the assurances required under 37 C.F.R. §§2.33 and/or 2.34.  TMEP
`§804.02.  Specifically, the signed statement does not relate back to the original application and is omitting the following statement:  “The
`applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the
`application filing date”.   Applicant must therefore submit these assurance(s), properly verified in an affidavit or signed declaration under 37
`C.F.R. §2.20.  See 37 C.F.R. §§2.33(a), (b)(2), 2.34(a)(2), (a)(3)(i), (a)(4)(ii); TMEP §804.02.  For more information about this, see the Verified
`statement webpage.
`
`To provide this verified statement.  After opening the correct TEAS form, answer “yes” to wizard question #10, and follow the instructions
`within the form for signing. 
`In this case, the form will require two signatures:  one in the “Declaration Signature” section and one in the
`“Response Signature” section.
`
`IDENTIFICATION OF GOODS
`
`The identification of goods is indefinite and must be clarified.  See TMEP §1402.01.  Specifically applicant must address issues with the
`following wording:
`
`·       The wording “freezing machines and apparatus” and “electric toilet deodorizing apparatus for household purposes” is unacceptable
`because the word “apparatus” is vague.   Applicant must identify the specific types of products by their common commercial name.
`·       The wording “electric steamers for use in beauty salons and barber shops” is vague because applicant must identify the purpose of the
`steamers, e.g., “hair steamers”.
`·       The wording “electric hair irons for use in beauty salons and barbers' shops” identifies products in class 8, not class 11.  Applicant must
`add the applicable class and pay the appropriate fee or delete this wording.
`·       The wording “electric hair-curlers for use in beauty salons and barbers' shops” is overbroad and identifies goods which fall into more
`than one international class. Traditional handheld “curling irons” fall into class 8, not class 11, while electric hair-curlers other than hand
`implements fall into class 26.  Therefore applicant must clarify the nature of the goods and classify them appropriately.
`
`Applicant may adopt the following identification, if accurate:
`
`Class 8: Electric hair irons for use in beauty salons and barbers' shops
`
`Class 11: Ionisation apparatus for the treatment of air; toilets in the nature of water-closets; bathroom unit sets comprising sinks; Electric
`boilers; air conditioning apparatus; industrial air purifiers; ion generators for industrial air purifiers; air conditioners for vehicles, air
`vehicles and ships; electric refrigerators for industrial purposes; ice machines for industrial purposes; freezing machines; refrigerating
`machines; freezers; refrigerating or freezing showcases; refrigerating containers; electric laundry dryers dish drying machines for
`industrial purposes; electric air purifiers for household and industrial purposes; ion generators for household air purifiers; air conditioners
`for household purposes; electric refrigerators for household purposes; electric toilet deodorizers for household purposes; bath heating
`apparatus, namely, hot water heaters for use with bathtubs; ventilation fans for industrial purposes; industrial humidifiers; industrial
`dehumidifiers; dehumidifiers for commercial use; heat pumps; dish drying machines for household purposes; humidifiers for household
`purposes; dehumidifiers for household purposes; fan devices, namely, heating fans and electric fans; electrically heated carpets; range
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`hoods; induction heating cookers; under table electric leg heaters; bedding dryers; Floor heaters; deodorization equipment, namely,
`dispensing units for room deodorants; electric heating dryers of bathroom for household purposes, namely, electric bathroom heaters;
`ventilation fans for household purposes; bathroom ventilation fans for household purposes; electric deodorizing apparatus for household
`purposes, namely, electric air deodorizers; electric hair dryers; electric facial steamers for household purposes; electric hair steamers for
`use in beauty salons and barber shops; electric toilet stools with washing water squirters; toilet bowls and seats; electric ceramic space
`heaters for domestic use; gas bathroom heaters; gas bathroom fan dryers; gas water heaters
`
`Class 28: Electric hair-curlers other than hand implements for use in beauty salons and barbers' shops
`
`An applicant may only amend an identification to clarify or limit the goods, but not to add to or broaden the scope of the goods.  37 C.F.R.
`
`§2.71(a); see TMEP §§1402.06 et seq., 1402.07.  
`
`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.
`
`MULTIPLE-CLASS APPLICATION REQUIREMENTS
`
`The application identifies goods and/or services that are classified in at least three classes; however, applicant submitted a fee sufficient for only
`one class.  In a multiple-class application, a fee for each class is required.  37 C.F.R. §2.86(a)(2), (b)(2); TMEP §§810.01, 1403.01.
`
`Therefore, applicant must either (1) restrict the application to the number of classes covered by the fees already paid, or (2) submit the fees for
`each additional class.
`
`The fee for adding classes to a TEAS Plus application is $225 per class.   See 37 C.F.R. §§2.6(a)(1)(iv), 2.22(a)(10); TMEP §§819.03, 819.04. 
`See more information regarding the requirements for maintaining the lower TEAS Plus fee and, if these requirements are not satisfied, for adding
`classes at a higher fee by regular TEAS.
`
`The fee for adding classes to a TEAS Reduced Fee (RF) application is $275 per class.  See 37 C.F.R. §§2.6(a)(1)(iii), 2.23(a); TMEP §820.03. 
`See more information regarding the requirements for maintaining the lower TEAS RF fee and, if these requirements are not satisfied, for adding
`classes at a higher fee by regular TEAS.
`
`In a multiple-class application based on use in commerce, a specimen is required for each class specified in the identification of goods and/or
`services.  37 C.F.R. §2.86(a)(3); TMEP §§904.01(b), 1403.01.  Therefore, if applicant amends the application to add international classes,
`applicant must submit a specimen showing use of the mark for each added class.  In addition, applicant must submit the following statement,
`verified with an affidavit or signed declaration under 37 C.F.R. §2.20:  “ The specimen was in use in commerce at least as early as the filing
`date of the application.”   37 C.F.R. §2.59(a); TMEP §904.05; see 37 C.F.R. §2.193(e)(1).
`
`If the additional specimen is identical to the specimen submitted with the application, and the application was properly verified, the verified
`statement is not necessary.  Further, if a single specimen supports multiple classes, applicant should indicate which classes the specimen supports
`rather than providing multiple copies of the same specimen.  TMEP §§904.01(b), 1403.01; see 37 C.F.R. §2.59(a).
`
`TRANSLATION OF FOREIGN CERTIFICATE REQUIRED
`
`The applicant must submit an English translation of the foreign registration.  37 C.F.R. §2.34(a)(3)(ii); TMEP §1004.01(a)-(b).  The translation
`should be signed by the translator.  TMEP §1004.01(b).
`
`RESPONSE GUIDELINES
`
`For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action.  For a refusal, applicant
`may provide written arguments and evidence against the refusal, and may have other response options if specified above.  For a requirement,
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`applicant should set forth the changes or statements.  Please see “ Responding to Office Actions” and the informational video “Response to
`Office Action” for more information and tips on responding.
`
`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
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`this additional fee.    
`
`Brookshire, David
`
`/David A. Brookshire/
`
`Examining Attorney
`
`Law Office 114
`
`(571) 272-7991
`
`David.Brookshire@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.  
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`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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`

`To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Panasonic Corporation (DCPTOTrademarkMail@hoganlovells.com)
`
`U.S. TRADEMARK APPLICATION NO. 88230041 - NANOE X - 1P3518.10856
`
`1/30/2019 9:24:19 PM
`
`ECOM114@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 1/30/2019 FOR U.S. APPLICATION SERIAL NO. 88230041
`
`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 1/30/2019 (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
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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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