To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Panasonic Corporation of North America (Chris.Rogers@iiplg.com)
`
`U.S. Trademark Application Serial No. 90560740 - FLEXDAMPER - PATM.0012
`
`January 05, 2022 06:35:05 PM
`
`ecom110@uspto.gov
`
`United States Patent and Trademark Office (USPTO)
`
`Office Action (Official Letter) About Applicant’s Trademark Application
`
`U.S. Application
`Serial No. 90560740
`
`Mark:  
`FLEXDAMPER
`
`Correspondence
`Address: 
`Christopher R. Rogers
`
`INTERNATIONAL IP
`LAW GROUP, PLLC
`
`13231 CHAMPION
`FOREST DR, SUITE
`410
`
`HOUSTON, TX 77069
`
`Applicant:   Panasonic
`Corporation of North
`America
`
`    
`
`Reference/Docket No.
`PATM.0012
`
`     
`    
`   
`
`Correspondence
`
`Email Address:  
`
`Chris.Rogers@iiplg.com
`
`NONFINAL OFFICE ACTION
`
`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
`
`Office action.   
`
`Issue date:  January 05, 2022
`
` 
` 
` 
` 
` 
`  
`

`

`The office received Applicant’s Statement of Use on November 18, 2021.   The Applicant must now respond to the following Specimen refusal:
`
`Specimen Refusal – Goods not Evident in Specimen
`
`Specimen does not show use in Class 11.  Registration is refused because the specimen does not show the applied-for mark as actually used in
`commerce in connection with any of the goods specified 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 Keep A Breast Found., 123 USPQ2d 1869, 1876-79 (TTAB 2017); TMEP §§904, 904.07(a), 1301.04(d),
`(g)(i).  An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark as actually used in commerce
`for each international class of goods identified in the statement of 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); see In re Gulf Coast Nutritionals, Inc., 106 USPQ2d 1243, 1247 (TTAB 2013).
`
`Specifically, in Class 11, Applicant has applied for: “Ventilating exhaust fans; Ventilating exhaust fans for household and light commerical
`use.” [Examiner’s note, typographical error corrected in the record 01/05/2022].   The specimen of use show a “radiation damper,” which is not
`a fan of any type, which is evident from the specimen which shows a type of enclosure, but no fan(s).
`
`Examples of specimens.  Specimens for goods include a photograph of (1) the actual goods bearing the mark; (2) an actual container, packaging,
`tag or label for the goods bearing the mark; or (3) a point-of-sale display showing the mark directly associated with the goods.  See 37 C.F.R.
`§2.56(b)(1), (c); TMEP §904.03(a)-(m).  A webpage specimen submitted as a display associated with the goods must show the mark in
`association with a picture or textual description of the goods and include information necessary for ordering the goods.  TMEP §904.03(i); see 37
`
`C.F.R. §2.56(b)(1), (c).  
`
`Specimens for services must show a direct association between the mark and the services and include:  (1) copies of advertising and marketing
`material, (2) a photograph of business signage or billboards, or (3) materials showing the mark in the sale, rendering, or advertising of the
`
`services.  See 37 C.F.R. §2.56(b)(2), (c); TMEP §1301.04(a), (h)(iv)(C).  
`
`Any webpage printout or screenshot submitted as a specimen must include the webpage’s URL and the date it was accessed or printed on the
`specimen itself, within the TEAS form that submits the specimen, or in a verified statement under 37 C.F.R. §2.20 or 28 U.S.C. §1746 in a later-
`filed response.  See 37 C.F.R. §2.56(c); TMEP §§904.03(i), 1301.04(a).
`
`Response option.  Applicant may respond to this refusal by submitting, for each applicable international class, a different specimen (a verified
`“substitute” specimen ) that (a) was in actual use in commerce prior to the expiration of the deadline for filing the statement of use and (b) shows
`the mark in actual use in commerce for the goods and/or services identified in the statement of use.  A “verified substitute specimen” is a
`specimen that is accompanied by the following statement made in a signed affidavit or supported by a declaration under 37 C.F.R. §2.20:  “The
`substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior to expiration of the filing deadline for
`filing a statement of use.”   The substitute specimen cannot be accepted without this statement.
`
`Applicant may not withdraw the statement of use.  See 37 C.F.R. §2.88(f); TMEP §1109.17.
`
`For an overview of this response option and instructions on how to submit a different specimen using the online Trademark Electronic
`Application System (TEAS) form, see the Specimen webpage.
`
`How to respond.   Click to file a response to this nonfinal Office action.        
`
`/Thomas M. Manor/
`
`Trademark Examining Attorney
`
`Law Office 110
`
`Phone: (571) 270-1519
`
` 
` 
` 
` 
` 
` 
` 
`   
`

`

`Fax. No. (571) 273-1519
`
`Thomas.Manor@USPTO.GOV
`
`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.   
`
`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.
`
`If needed, find contact information for the supervisor of the office or unit listed in the signature block.
`
`  
` 
` 
`

`

`To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Panasonic Corporation of North America (Chris.Rogers@iiplg.com)
`
`U.S. Trademark Application Serial No. 90560740 - FLEXDAMPER - PATM.0012
`
`January 05, 2022 06:35:07 PM
`
`ecom110@uspto.gov
`
`United States Patent and Trademark Office (USPTO)
`
`USPTO OFFICIAL NOTICE
`
`Office Action (Official Letter) has issued
`on January 05, 2022 for
`U.S. Trademark Application Serial No. 90560740
`
`A USPTO examining attorney has reviewed your trademark application and issued an Office action.  You must respond to this Office action
`in order to avoid your application abandoning.  Follow the steps below.
`
`(1)   Read the Office action HERE.   This email is NOT the Office action.
`
`(2)  Respond to the Office action by the deadline using the Trademark Electronic Application System (TEAS).  Your response must be
`received by the USPTO on or before 11:59 p.m. Eastern Time of the last day of the response period.  Otherwise, your application will be
`abandoned.  See the Office action itself regarding how to respond.
`
`(3)  Direct general questions about using USPTO electronic forms, the USPTO website, the application process, the status of your
`application, and whether there are outstanding deadlines to the Trademark Assistance Center (TAC).
`
`After reading the Office action, address any question(s) regarding the specific content to the USPTO examining attorney identified in the
`Office action.
`
`GENERAL GUIDANCE
`·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing
`critical deadlines.
`
`·         Update your correspondence email address to ensure you receive important USPTO notices about your application.
`
`·        
`
`·        
`
`Beware of misleading notices sent by private companies about your application.  Private companies not associated with the
`USPTO may mail or email you trademark-related offers and notices – most of which require fees.  The USPTO will only email official
`USPTO correspondence from the domain “@uspto.gov.”
`
`Hiring a U.S.-licensed attorney. 
`If you do not have an attorney and are not required to have one under the trademark rules, we
`encourage you to hire a U.S.-licensed attorney specializing in trademark law to help guide you through the registration process.  The
`USPTO examining attorney identified above is not your attorney and cannot give you legal advice, but rather works for and represents
`the USPTO in trademark matters.
`
`   
`
` 
` 
` 
` 
` 
` 
` 
` 
`  
` 
` 
` 
`