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 Serial No. 88976213 - X - 1P3518.tba
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`March 05, 2020 03:50:50 PM
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`ecom103@uspto.gov
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`Attachment - 1
`Attachment - 2
`Attachment - 3
`Attachment - 4
`Attachment - 5
`Attachment - 6
`Attachment - 7
`Attachment - 8
`Attachment - 9
`Attachment - 10
`Attachment - 11
`Attachment - 12
`Attachment - 13
`Attachment - 14
`Attachment - 15
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`United States Patent and Trademark Office (USPTO)
`Office Action (Official Letter) About Applicant’s Trademark Application
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`U.S. Application Serial No. 88976213
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`Mark:   X
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`Correspondence Address: 
`Julia Anne Matheson
`HOGAN LOVELLS US LLP
`555 13TH STREET NW
`WASHINGTON, DC 20004
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`Applicant:   Panasonic Corporation
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`    
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`Reference/Docket No. 1P3518.tba
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`Correspondence Email Address:  
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`DCPTOTrademarkMail@hoganlovells.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:  March 05, 2020
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`INTRODUCTION
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`This Office action is in response to applicant’s communication filed on January 27, 2020.
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`On December 4, 2019, action on this application was suspended until submission of applicant’s foreign registration or proof that foreign
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`registration was renewed, and pending the disposition of U.S. Application Serial No. 87045346.  
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`Based on applicant’s response, the trademark examining attorney notes that applicant has submitted a copy of its foreign registration.   See TMEP
`§713.02.
`
`In addition, the referenced prior-pending application has since registered, thus, as discussed in further detail below, registration is now refused
`under Trademark Act Section 2(d).  Id.
`
`Further, the requirement to amend the identification of goods and services is maintained and continued.
`
`The following is a SUMMARY OF ISSUES that applicant must address:
`NEW ISSUE:  Section 2(d) Refusal – Likelihood of Confusion as to the Specified Goods and Services Only
`Identification Goods and Services
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`SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION AS TO THE SPECIFIED
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`GOODS AND SERVICES ONLY
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`THIS PARTIAL REFUSAL APPLIES ONLY TO THE GOODS AND SERVICES SPECIFIED THEREIN
`
`On December 4, 2019, action on this application was suspended pending the disposition of U.S. Application Serial No. 87045346.  The
`referenced prior-pending application has since registered.  Therefore, registration is refused as follows.
`
`Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 5978461.  Trademark
`Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the attached registration.
`
`Applicant’s mark is X in design form for, in relevant part, the following goods and services:
`
`Class 9:  Home automation hubs using artificial intelligence comprised of voice-activated speakers, computer hardware and software for
`controlling networked devices in the internet of things (IoT), operating internet-enabled and connected lighting apparatus and home
`security alarms; electronic machines, apparatus and their parts, namely, computers, display units for computers, tablet computers and
`laptop computers; Computer programs for remotely monitoring environments and conditions and controlling devices within a building,
`facility and designated separate areas; Computer programs for remotely controlling lighting devices within a building, facilities and
`designated separate area; Computer programs for remotely monitoring and controlling electric appliances; Computer programs for
`displaying advertisements; computer programs for use in connecting and controlling internet of things (Iot) electronic devices; computer
`programs and software for image processing used for mobile phones; computer programs for accessing and using the internet; computer
`programs for enabling access or entrance control; computer operating programs; computer programs for the processing and analysis of
`pattern recognition data using artificial intelligence and natural language processing; computer programs for use as an application
`programming interface (API); software development kits (SDKs) consisting of computer software for the development, use, and
`interoperability of APIs that are used by electronic devices and systems; computer programs for providing personal concierge services for
`others via a mobile phone, computer, tablet, smart phone, handheld computer, and/or portable computer, namely, adding and accessing
`calendar appointments, alarms, timers, reminders and making restaurant, travel, and hotel reservations; computer programs for personal
`information management; computer programs for providing consumer assistants for searching, locating and providing directions for the
`purchase, consumption and use of a wide range of consumer products, services and information over a global communications network;
`computers and their peripherals
`
`Class 42:  Design, programming and maintenance of computer software; providing computer programs on data networks, namely,
`providing temporary use of online non-downloadable software for remotely monitoring environment and condition and controlling
`devices within a building, facility and designated separate areas; providing computer programs on data networks, namely, providing
`temporary use of online non-downloadable software for remotely controlling lighting devices within a building, facilities and designated
`separate areas; providing computer programs on data networks, namely, providing temporary use of online non-downloadable software
`for the purpose of remotely monitoring and controlling electric appliances; providing computer programs on data networks, namely,
`providing temporary use of online non-downloadable software for displaying advertisements; providing computer programs on data
`networks, namely, providing temporary use of online non-downloadable software for the operation of electric appliances; providing
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`computer programs on data networks, namely, providing temporary use of online non-downloadable software for use to connect and
`control internet of things (Iot) electronic devices; providing computer programs on data networks, namely, providing temporary use of
`online non-downloadable software for image processing used for mobile phones; providing computer programs on data networks,
`namely, providing temporary use of online non-downloadable software for accessing and using the internet; providing computer
`programs on data networks, namely, providing temporary use of online non-downloadable software for enabling access or entrance
`control; providing computer programs on data networks, namely, providing temporary use of online non-downloadable software for the
`processing and analysis of pattern recognition data using artificial intelligence and natural language processing; Providing computer
`programs on data networks, namely, providing temporary use of online non-downloadable software for providing personal concierge
`services for others via a mobile phone, computer, tablet, smart phone, handheld computer, portable computer, namely, adding and
`accessing calendar appointments, alarms, timers, reminders and making restaurant, travel, and hotel reservations; providing computer
`programs on data networks, namely, providing temporary use of online non-downloadable software for personal information
`management; providing computer programs on data networks, namely, providing temporary use of online non-downloadable software for
`providing consumer assistants for searching, locating and providing directions for the purchase, consumption and use of a wide range of
`consumer products, services and information over a global communications network; rental of computers; cloud computing, namely,
`providing virtual computer systems and virtual computer environments through cloud computing; Application service provider featuring
`application programming interface (API) software with the function of integration of video content onto websites, monitoring, automating
`and scheduling of smart devices and access to a cloud services solution, home and environmental monitoring, control, and automation;
`Application service provider featuring software development kits (SDKs) consisting of computer software for the development, use, and
`interoperability of APIs that are used by electronic devices, systems; rental of web servers; designing and creating websites for others;
`consultancy relating to design, programming and maintenance of computer software; computer software design; creating and maintaining
`web sites for others; hosting the websites of others on a computer server for a global computer network; maintenance of computer
`software; monitoring of computer systems by remote access to ensure proper functioning; rental of computer software; consultancy in the
`field of design and development of hardware and software for connection to, management of, operating and using computer networks;
`software as a service (SAAS) services featuring online application software for use in database management; providing a web hosting
`platform for electronic commerce; technical support relating to the design, programming and maintenance of software, namely,
`troubleshooting of computer software problems; technical support relating to the design, programming and maintenance of software,
`namely, 24/7 monitoring of network systems and notification of related events and alerts; design, programming and maintenance of
`computer programs for electronic calculators; designing of machines, apparatus, instruments or systems composed of such machines,
`apparatus and instruments; design and development of computer hardware; testing or research on machines, apparatus and instruments;
`design and development of computer hardware; testing the functionality of machines and research on machines
`
`Registrant’s mark is X in design form for the following goods and services:
`
`Class 9:  Computer software and hardware for use in building, operating and managing computing, virtualization, data storage, security
`and networking functions within enterprise, service and hosted providers and cloud datacenters; computer software and downloadable
`computer software for enterprise and cloud computing infrastructure and platforms, for the purpose of storage, compute, networking,
`security, and virtualization in the field of enterprise and cloud computing; computer software and downloadable computer software for
`the management of enterprise and cloud computing infrastructure and platforms, including physical, virtual and other runtime
`environments such as containers, third-party applications and services, in the field of enterprise and cloud computing; computer hardware
`loaded with software for enterprise and cloud computing infrastructure and platforms, for the purpose of storage, compute, virtualization,
`security, networking, and management of physical, virtual and other runtime environments such as containers in the field of enterprise
`and cloud computing; computer software and downloadable computer software for enterprise and cloud computing infrastructure and
`platforms, for the purpose of running software programs and applications across different runtime environments such as physical and
`virtual infrastructure, different hypervisors, public clouds and container-based environments in the field of enterprise and cloud
`computing; computer software and downloadable computer software for enterprise and cloud computing infrastructure and platforms, for
`the purpose of data storage, data protection and data replication in the field of enterprise and cloud computing; computer software and
`downloadable computer software for enterprise and cloud computing infrastructure and platforms, for the purpose of managing virtual
`machines in the field of enterprise and cloud computing; computer software and downloadable computer software for enterprise and
`cloud computing infrastructure and platforms, for the purpose of optimizing storage by simultaneously spanning memory, flash, hard disk
`drive and other storage resources in the field of enterprise and cloud computing; computer software and downloadable computer software
`for enterprise and cloud computing infrastructure and platforms, for the purpose of enabling distributed caching of virtual disks in the
`field of enterprise and cloud computing; computer software and downloadable computer software for enterprise and cloud computing
`infrastructure and platforms, for the purpose of erasure coding in the field of enterprise and cloud computing; computer software and
`downloadable computer software for enterprise and cloud computing infrastructure and platforms, for the purpose of unstructured data
`storage and management in the field of enterprise and cloud computing; computer software and downloadable computer software for
`enterprise and cloud computing infrastructure and platforms, for the purpose of using multiple predictive algorithms to efficiently use
`resources, predict capacity requirements, move applications and provision additional resources in the field of enterprise and cloud
`computing
`
`Class 42:  Computer services, namely, consulting in the field of computer hardware and software; technical support services, namely,
`troubleshooting in the nature of diagnosing computer hardware and software problems; repair of computer software; updating and
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`upgrading of computer software for others; technical support services, namely, migration of datacenter, server and database applications;
`technical support services, namely, remote administration and management of in-house and hosted datacenter devices, database and
`software applications and remote branch office environments; consulting in the field of information technology; consulting in the field of
`virtualization technologies for enterprises and businesses; enterprise and cloud computing services, namely, providing non-downloadable
`computer software for cloud computing infrastructure and platforms, for the purpose of storage, compute, security, networking and
`virtualization in the field of enterprise and cloud computing; enterprise and cloud computing services, namely, providing non-
`downloadable computer software for enterprise and cloud computing infrastructure and platforms, for the purpose of storage, compute,
`networking, security and virtualization in the field of enterprise and cloud computing; enterprise and cloud computing management
`services, namely, providing non-downloadable computer software for the purpose of management, including provisioning, orchestration,
`planning, remediation, scaling and upgrading, of physical computing, virtual computing and other runtime environments such as
`containers in the field of enterprise and cloud computing; enterprise and cloud computing services, namely, providing non-downloadable
`computer software for enterprise and cloud computing infrastructure and platforms, for the purpose of erasure coding in the field of
`
`enterprise and cloud computing  
`
`Trademark Act Section 2(d) bars registration of an applied-for mark that is so similar to a registered mark that it is likely consumers would be
`confused, mistaken, or deceived as to the commercial source of the goods and/or services of the parties.  See 15 U.S.C. §1052(d).  Likelihood of
`confusion is determined on a case-by-case basis by applying the factors set forth in In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361,
`177 USPQ 563, 567 (C.C.P.A. 1973) (called the “ du Pont factors”).   In re i.am.symbolic, llc, 866 F.3d 1315, 1322, 123 USPQ2d 1744, 1747
`(Fed. Cir. 2017).  Any evidence of record related to those factors need be considered; however, “not all of the DuPont factors are relevant or of
`similar weight in every case.”   In re Guild Mortg. Co., 912 F.3d 1376, 1379, 129 USPQ2d 1160, 1162 (Fed. Cir. 2019) (quoting In re Dixie
`Rests., Inc., 105 F.3d 1405, 1406, 41 USPQ2d 1531, 1533 (Fed. Cir. 1997)).
`
`Although not all du Pont factors may be relevant, there are generally two key considerations in any likelihood of confusion analysis:  (1) the
`similarities between the compared marks and (2) the relatedness of the compared goods and/or services.  See In re i.am.symbolic, llc, 866 F.3d at
`1322, 123 USPQ2d at 1747 (quoting Herbko Int’l, Inc. v. Kappa Books, Inc. , 308 F.3d 1156, 1164-65, 64 USPQ2d 1375, 1380 (Fed. Cir. 2002));
`Federated Foods, Inc. v. Fort Howard Paper Co., 544 F.2d 1098, 1103, 192 USPQ 24, 29 (C.C.P.A. 1976) (“The fundamental inquiry mandated
`by [Section] 2(d) goes to the cumulative effect of differences in the essential characteristics of the goods [or services] and differences in the
`
`marks.”); TMEP §1207.01.   
`
`In this case, the following factors are the most relevant:  Similarity of the marks, relatedness of the goods and services, and similarity of the trade
`channels of the goods and services.
`
`SIMILARITY OF THE MARKS
`
`The applied-for mark and the registered mark are sufficiently similar to create a likelihood of confusion.
`
`Marks are compared in their entireties for similarities in appearance, sound, connotation, and commercial impression.  Stone Lion Capital
`Partners, LP v. Lion Capital LLP, 746 F.3d 1317, 1321, 110 USPQ2d 1157, 1160 (Fed. Cir. 2014) (quoting Palm Bay Imps., Inc. v. Veuve
`Clicquot Ponsardin Maison Fondee En 1772, 396 F.3d 1369, 1371, 73 USPQ2d 1689, 1691 (Fed. Cir. 2005)); TMEP §1207.01(b)-(b)(v). 
`“Similarity in any one of these elements may be sufficient to find the marks confusingly similar.”   In re Inn at St. John’s, LLC , 126 USPQ2d
`1742, 1746 (TTAB 2018) (citing In re Davia, 110 USPQ2d 1810, 1812 (TTAB 2014)), aff’d per curiam , 777 F. App’x 516, 2019 BL 343921
`(Fed. Cir. 2019); TMEP §1207.01(b).
`
`When the marks at issue are both design marks, similarity of the marks is determined primarily on the basis of visual similarity.  See, e.g.,
`Volkswagenwerk Aktiengesellschaft v. Rose ‘Vear Enters. , 592 F.2d 1180, 1183, 201 USPQ 7, 9 (C.C.P.A. 1979) (quoting In re ATV Network
`Ltd., 552 F.2d 925, 929, 193 USPQ 331, 332 (C.C.P.A. 1977)); Ft. James Operating Co. v. Royal Paper Converting Inc., 83 USPQ2d 1624, 1628
`(TTAB 2007); TMEP §1207.01(c).  However, a side-by-side comparison is not the test.  See Grandpa Pidgeon’s of Mo., Inc. v. Borgsmiller , 477
`F.2d 586, 587, 177 USPQ 573, 574 (C.C.P.A. 1973).  When comparing design marks, the focus is on the overall commercial impression
`conveyed by such marks, not on specific differences.  See Grandpa Pidgeon’s of Mo., Inc. v. Borgsmiller , 477 F.2d at 587, 177 USPQ at 574; In
`re Triple R Mfg. Corp., 168 USPQ 447, 448 (TTAB 1970); TMEP §1207.01(c).
`
`In this case, the applied-for mark and the registered mark are both comprised of a letter “X” stylized in a three-dimensional manner with the only
`difference between the marks being that they appear to be mirror images of each other.  Although the registered mark appears in color, this does
`not obviate the similarity of the marks because the applied-for mark is in black and white, with no color claim, and is thus presumed to
`contemplate the use of the mark in any color, without limitation.  See §TMEP 807.14(e)(i).
`
`Therefore, the marks share the same commercial impression and are confusingly similar.
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`RELATEDNESS OF THE GOODS AND/OR SERVICES
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`Applicant’s and registrant’s goods and services are detailed in full above.
`
`The goods and/or services are compared to determine whether they are similar, commercially related, or travel in the same trade channels.  See
`Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369-71, 101 USPQ2d 1713, 1722-23 (Fed. Cir. 2012); Herbko Int’l, Inc. v. Kappa
`Books, Inc., 308 F.3d 1156, 1165, 64 USPQ2d 1375, 1381 (Fed. Cir. 2002); TMEP §§1207.01, 1207.01(a)(vi).
`
`Determining likelihood of confusion is based on the description of the goods and/or services stated in the application and registration at issue, not
`on extrinsic evidence of actual use.  See In re Detroit Athletic Co., 903 F.3d 1297, 1307, 128 USPQ2d 1047, 1052 (Fed. Cir. 2018) (citing In re
`
`i.am.symbolic, llc, 866 F.3d 1315, 1325, 123 USPQ2d 1744, 1749 (Fed. Cir. 2017)).   
`
`In this case, the registration use(s) broad wording to describe “ Computer services, namely, consulting in the field of computer hardware and
`software” , which presumably encompasses all goods and/or services of the type described, including applicant’s more narrow “consultancy
`relating to design, programming and maintenance of computer software” and “consultancy in the field of design and development of hardware
`and software for connection to, management of, operating and using computer networks”.   See, e.g., In re Solid State Design Inc., 125 USPQ2d
`1409, 1412-15 (TTAB 2018); Sw. Mgmt., Inc. v. Ocinomled, Ltd., 115 USPQ2d 1007, 1025 (TTAB 2015).  Similarly, the broadly worded
`“technical support relating to the design, programming and maintenance of software, namely, troubleshooting of computer software problems”
`and “maintenance of computer software” in the application encompasses the narrowly worded “technical support services, namely,
`troubleshooting in the nature of diagnosing computer hardware and software problems” and “ repair of computer software; updating and
`upgrading of computer software for others” in the registration.  Id.  Thus, applicant’s and registrant’s services are legally identical.
`  See, e.g., In
`re i.am.symbolic, llc, 127 USPQ2d 1627, 1629 (TTAB 2018) (citing Tuxedo Monopoly, Inc. v. Gen. Mills Fun Grp., Inc., 648 F.2d 1335, 1336,
`209 USPQ 986, 988 (C.C.P.A. 1981); Inter IKEA Sys. B.V. v. Akea, LLC, 110 USPQ2d 1734, 1745 (TTAB 2014); Baseball Am. Inc. v.
`Powerplay Sports Ltd., 71 USPQ2d 1844, 1847 n.9 (TTAB 2004)).
`
`Additionally, the goods and/or services of the parties have no restrictions as to nature, type, channels of trade, or classes of purchasers and are
`“presumed to travel in the same channels of trade to the same class of purchasers.”   In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905,
`1908 (Fed. Cir. 2012) (quoting Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1268, 62 USPQ2d 1001, 1005 (Fed. Cir. 2002)). 
`Thus, applicant’s and registrant’s goods and/or services are related.
`
`Applicant’s and registrant’s various computer software programs are also related because the attached evidence demonstrates that companies
`that provide services similar to applicant’s and registrant’s computer and/or computer software services also sell software goods.
`  Specifically,
`the attached Internet evidence, consisting of website screenshots of companies, such as Apprise, Microstrategy, NGC, Salesforce, and Sophos,
`that sell various downloadable and non-downloadable software and also provide technical support, development and consulting services,
`establishes that the same entity commonly manufactures, produces, or provides the relevant goods and/or services and markets the goods and/or
`services under the same mark.  Thus, applicant’s and registrant’s goods and/or services are considered related for likelihood of confusion
`purposes.  See, e.g., In re Davey Prods. Pty Ltd., 92 USPQ2d 1198, 1202-04 (TTAB 2009); In re Toshiba Med. Sys. Corp., 91 USPQ2d 1266,
`1268-69, 1271-72 (TTAB 2009).
`
`The compared goods and/or services need not be identical or even competitive to find a likelihood of confusion.  See On-line Careline Inc. v. Am.
`Online Inc., 229 F.3d 1080, 1086, 56 USPQ2d 1471, 1475 (Fed. Cir. 2000); Recot, Inc. v. Becton, 214 F.3d 1322, 1329, 54 USPQ2d 1894, 1898
`(Fed. Cir. 2000); TMEP §1207.01(a)(i).  They need only be “related in some manner and/or if the circumstances surrounding their marketing are
`such that they could give rise to the mistaken belief that [the goods and/or services] emanate from the same source.”   Coach Servs., Inc. v.
`Triumph Learning LLC, 668 F.3d 1356, 1369, 101 USPQ2d 1713, 1722 (Fed. Cir. 2012) (quoting 7-Eleven Inc. v. Wechsler, 83 USPQ2d 1715,
`1724 (TTAB 2007)); TMEP §1207.01(a)(i).
`
`Based on the foregoing, consumers encountering the applied-for mark and the registered mark, used for legally identical and closely related
`goods and services, are likely to be confused and mistakenly believe that the respective goods and services emanate from a common source.
`
`Applicant may respond to the stated refusal by submitting evidence and arguments against the refusal.  In addition, applicant may respond by
`doing one of the following:
`
`(1)  Deleting the goods and/or services to which the refusal pertains; or
`
`(2)  Filing a Request to Divide Application form (form #3) to divide out the goods and/or services that have not been refused registration,
`so that the mark may proceed toward publication for opposition for those goods or services to which the refusal does not pertain.  See 37
`C.F.R. §2.87.  See generally TMEP §§1110 et seq. (regarding the requirements for filing a request to divide).  If applicant files a request
`to divide, then to avoid abandonment, applicant must also file a timely response to all outstanding issues in this Office action, including
`the refusal.  37 C.F.R. §2.87(e).
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`If applicant responds to the refusal(s), applicant must also respond to the requirement(s) set forth below.
`
`IDENTIFICATION OF GOODS AND SERVICES
`
`Based on applicant’s response, the requirement to amend the identification of goods and services is MAINTAINED and CONTINUED.
`
`The identification for computer programs in International Class 9 is indefinite and too broad and must be clarified to specify whether the format
`is downloadable, recorded, or online non-downloadable.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.03(d), 1402.11(a).  Downloadable and
`recorded goods are in International Class 9, whereas providing their temporary, online non-downloadable use is a service in International Class
`42.  See TMEP §1402.03(d).  Suggestions documented below.
`
`In addition, the wording “power distribution or control machines and apparatus” in the identification of goods in International Class 9 is
`indefinite and must be clarified because it does not clearly specify what the goods are.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Suggestions
`documented below.
`
`  However, this term is generally not
`Furthermore, applicant has included the term “and/or” or “or” in the identification of goods and/or services.
`accepted in identifications when (1) it is unclear whether applicant is using the mark, or intends to use the mark, on all the identified goods or
`services; (2) the nature of the goods and services is unclear; or (3) classification cannot be determined from such wording.  See TMEP
`§1402.03(a).  In this case, the nature of the goods and services is unclear.
`
`An application must specify, in an explicit manner, the particular goods or services on or in connection with which the applicant uses, or has a
`bona fide intention to use, the mark in commerce.  See 15 U.S.C. §1051(a)(2), (b)(2); 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Therefore,
`applicant should replace “and/or” or “or” with “and” in the identification of goods or services, if appropriate, or rewrite the identification with
`the “and/or” or “or” deleted and the goods or services specified using definite and unambiguous language.
`
`The wording “ measuring or, testing machines and instruments, namely, balances, scales, gas sensors, thermostats, gyrocompasses, position
`sensors, acoustic meters, anemometers, noisemeters, optical sensors, photometers, motion sensors, pressure sensors, thermometers, vibration
`meters, Sunshine recorders, pedometers, barometers, water level gauges, water temperature gauges, water meters, temperature sensors, dust
`measuring apparatus, thermo-hygrometers, illuminometers, smoke alarm testers, calorimeters, Infrared sensors, length measuring gauges” in the
`identification of goods in International Class 9 is also indefinite and must be clarified because it does not clearly specify what the goods are.  See
`37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Suggestions documented below.
`
`The wording “ audio frequency devices and apparatus” in the identification of goods in International Class 9 is also indefinite and must be
`clarified because the nature of the goods is unclear.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Suggestions documented below.
`
`The wording “ photographic apparatus and instruments” in the identification of goods in International Class 9 is also indefinite and must be
`clarified because the nature of the goods is unclear.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Suggestions documented below.
`
`The wording “ satellite receiving apparatus; being satellite receivers” in the identification of goods in International Class 9 is also indefinite and
`must be clarified because the nature of the goods is unclear.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant should note that semicolons
`generally should be used to separate a series of distinct categories of goods or services within an international class (e.g., personal care products,
`namely, body lotion; deodorizers for pets; glass cleaners).  TMEP §1402.01(a).  Suggestions documented below.
`
`The wording “ electric blankets; for household purposes” in the identification of goods in International Class 11 is also indefinite and must be
`clarified because the nature of the goods is unclear.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  As stated above, applicant should note that
`semicolons generally should be used to separate a series of distinct categories of goods or services within an international class (e.g., personal
`care products, namely, body lotion; deodorizers for pets; glass cleaners).  TMEP §1402.01(a).  Suggestions documented below.
`
`Further, applicant must clarify the wording “facial equipment using ultrasonic waves for household purposes, namely, hand-held ultrasonic
`nebulizers for cosmetic lotions for the face” in the identification of goods in International Class(es) 11 because it is indefinite and too broad.   See
`37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this
`wording could identify goods in more than one international class.  For example, “nebulizers for medical purposes” are in International Class 10
`and “nebulizers in the nature of facial misting apparatus for applying cosmetic lotions to the face” are in International Class 11.    Suggestions
`documented below.
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`The wording “ hand-held electric facial pore cleaning instruments” in the identification of goods in International Class 11 is also indefinite and
`must be clarified because the nature of the goods is unclear.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Suggestions documented below.
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`Finally, applicant must clarify the wording “testing or research on machines, apparatus and instruments” to indicate whether the services
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`encompass testing, research, or both.  As stated above, an application must specify, in an explicit manner, the particular goods or services on or in
`connection with which the applicant uses, or has a bona fide intention to use, the mark in commerce.  See 15 U.S.C. §1051(a)(2), (b)(2); 37
`C.F.R. §2.32(a)(6); TMEP §1402.01.  Therefore, applicant should replace “and/or” or “or” with “and” in the identification of goods or
`services, if appropriate, or rewrite the identification with the “and/or” or “or” deleted and the goods or services specified using definite and
`unambiguous language.  Suggestions documented below
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`Applicant may adopt the following wording, if accurate (suggested changes in bold):  
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`Class 7:  Accepted as amended.
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`Class 9:  Electrical shutter openers in the nature of electric window openers; electrical communication machines and instruments, namely,
`telephones, intercoms, portable telephones, cell phones, televisions, portable radio communication machines, navigation apparatus for
`vehicles, portable audio players, DVD players, DVD recorders, optical disk players, optical disk recorders, media players, Set-top boxes,
`digital audio and video recorders and players, digital photo frames, videocameras, digital cameras, headphones, microphones for
`telecommunication apparatus, monitoring apparatus, other than for medical purposes, in the nature of wireless and wired controllers to
`monitor and control the functioning of other electronic devices, personal digital assistants in the shape of a watch, smartglasses, modems,
`smart rings; Home automation hubs using artificial intelligence comprised of voice