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 of North America (pctrademarks@perkinscoie.com)
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`U.S. Trademark Application Serial No. 88604206 - P.180 - 118383.4008
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`November 22, 2019 10:30:08 AM
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`ecom114@uspto.gov
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`United States Patent and Trademark Office (USPTO)
`Office Action (Official Letter) About Applicant’s Trademark Application
`
`U.S. Application Serial No.
`88604206
`
`Mark:   P.180
`
`Correspondence Address: 
`THOMAS L. HOLT
`PERKINS COIE LLP
`1201 THIRD AVENUE,
`SUITE 4900
`SEATTLE, WA 98101
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`Applicant:   Panasonic
`Corporation of North America
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`    
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`Reference/Docket No.
`118383.4008
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`Correspondence Email
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`Address:  
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`pctrademarks@perkinscoie.com
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`The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. 
`Respond using the Trademark Electronic Application System (TEAS).   A link to the appropriate TEAS response form appears at the end of this
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`NONFINAL OFFICE ACTION
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`Office action.   
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`Issue date:  November 22, 2019
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`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.
`
`SEARCH RESULT
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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:
`Specimen—class 9
`Abandonment advisory
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`THE FOLLWING PARTIAL REFUSAL APPLIES TO CLASS 9 ONLY
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`SPECIMEN
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`Registration is refused because the specimen does not show the applied-for mark in use in commerce in connection with the goods specified in
`International Class 9 in the application.  Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); In re
`Chengdu AOBI Info. Tech. Co., 111 USPQ2d 2080, 2081-82 (TTAB 2011); TMEP §§904, 904.07(a), 1301.04(d), (g)(i).  Specifically, the
`specimens do not show where users can download the downloadable software.  The portion that states “download overview” does not appear to
`be   for the downloading of the software but for a preview of the software.
`
`An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark in use in commerce for each
`international class of goods and/or services identified in the application or amendment to allege use.  15 U.S.C. §1051(a)(1); 37 C.F.R.
`
`§§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).  
`
`Examples of specimens for goods include tags, labels, instruction manuals, containers, photographs that show the mark on the actual goods or
`packaging, and displays associated with the actual goods at their point of sale.  See TMEP §§904.03 et seq.  Webpages may also be specimens for
`goods when they include a picture or textual description of the goods associated with the mark and the means to order the goods.  TMEP
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`§904.03(i).  
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`Applicant may respond to this refusal by satisfying one of the following for each applicable international class:
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`(1) Submit a different specimen (a verified “substitute” specimen) that (a) was in actual use in commerce at least as early as the filing
`date of the application or prior to the filing of an amendment to allege use and (b) shows the mark in actual use in commerce for the
`goods and/or services identified in the application or amendment to allege use.
`
`(2) Amend the filing basis to intent to use under Section 1(b), for which no specimen is required.  This option will later necessitate
`additional fee(s) and filing requirements such as providing a specimen.
`
`For an overview of both response options referenced above and instructions on how to satisfy either option online using the Trademark Electronic
`Application System (TEAS) form, please go to http://www.uspto.gov/trademarks/law/specimen.jsp.
`
`Substitute Specimen Statement and Declaration
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`To submit a verified specimen or verified substitute specimen online using the Trademark Electronic Application System (TEAS) response form,
`(1) answer “Yes” to form wizard question #2; and then, continuing on to the next portion of the form, under the heading “Classification and
`Listing of Goods/Services/Collective Membership Organization,” do the following for each relevant class for which a specimen is being
`submitted: 
`(2) check the box next
`to the following statement:  “Check here to modify the current classification number; listing of
`goods/services/the nature of the collective membership organization; dates of use; and/or filing basis; or to submit a substitute specimen, a
`foreign registration certificate, or proof of renewal of a foreign registration.  If not checked, the changes will be ignored.”; (3) under “Specimen
`File,” attach a specimen (attachment may not exceed 5 megabytes); (4) describe in the box below where you attached the file what the specimen
`consists of; and (5) check the box next to the following statement below the specimen description (to ensure that the declaration language is
`inserted into the form): “The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as
`early as the filing date of the application” [for an application based on Section 1(a), Use in Commerce] OR “The substitute (or new, or originally
`submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of
`the filing deadline for filing a Statement of Use” [for an application based on Section 1(b) Intent-to-Use].  Additionally, when submitting a
`verified specimen, the TEAS online form requires two signatures: one in the “Declaration Signature” section and one in the “Response
`Signature” section.
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`ABANDONMENT FOR FAILURE TO RESPOND ADVISORY
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`If applicant does not respond to this Office action within the six-month period for response, International Class 9 will be deleted from the
`application.  The application will then proceed with International Class(es) 38 and 42 only.  See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
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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 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.   
`How to respond.   Click to file a response to this nonfinal Office action.        
`
`/Alex Seong Keam/
`Attorney-Advisor
`United States Patent and Trademark Office
`Law Office 114
`Phone: 571-272-9176
`Email: alex.keam@uspto.gov
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`RESPONSE GUIDANCE
`Missing the response deadline to this letter will cause the application to abandon.   A response or notice of appeal must be received by
`the USPTO before midnight Eastern Time of the last day of the response period.   TEAS and ESTTA maintenance or unforeseen
`
`circumstances could affect an applicant’s ability to timely respond.   
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`Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an
`attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic
`applicant.  If applicant has an attorney, the response must be signed by the attorney.
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`If needed, find contact information for the supervisor of the office or unit listed in the signature block.
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`To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Panasonic Corporation of North America (pctrademarks@perkinscoie.com)
`
`U.S. Trademark Application Serial No. 88604206 - P.180 - 118383.4008
`
`November 22, 2019 10:30:09 AM
`
`ecom114@uspto.gov
`
`United States Patent and Trademark Office (USPTO)
`
`USPTO OFFICIAL NOTICE
`
`Office Action (Official Letter) has issued
`on November 22, 2019 for
`U.S. Trademark Application Serial No. 88604206
`
`Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has
`issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the
`steps below.
`
`(1)  Read the official letter.
`
`(2)   Direct questions about the contents of the Office action to the assigned attorney below.   
`
`/Alex Seong Keam/
`Attorney-Advisor
`United States Patent and Trademark Office
`Law Office 114
`Phone: 571-272-9176
`Email: alex.keam@uspto.gov
`
`Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your
`application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center
`(TAC).
`
`(3)  Respond within 6 months (or earlier, if required in the Office action) from November 22, 2019, using the Trademark
`Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last
`day of the response period.  See the Office action for more information about how to respond
`
`GENERAL GUIDANCE
`·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid
`missing critical deadlines.
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`·        
`
`Update your correspondence email address,
`application.
`
`if needed,
`
`to ensure you receive important USPTO notices about your
`
`·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with
`the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices –
`most of which require fees.   All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”
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