PROVISIONAL REFUSAL OF PROTECTION
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`The table below presents the data as entered.
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`Input Field
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`IDENTIFICATION SECTION
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`INTERNATIONAL REGISTRATION NUMBER
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`1629472
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`OFFICE REFERENCE
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`ORIGINAL LANGUAGE CODE
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`FILE SECTION
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`79327082
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`ENGLISH
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`Entered
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`FILE SPECIFICATION OF THE DOCUMENT
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`\\TICRS\EXPORT18\IMAGEOUT18\793\270\79327082\xml6\MOC0002.xml
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`GOODS AND SERVICES SECTION
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`ALL GOODS AND SERVICES INDICATOR
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`Protection has been refused for all the goods and services.
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`INSTRUCTIONS SECTION
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`FREE TEXT PROCESSING INSTRUCTIONS
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`U. S. designated on 20210708; Non-final examiner action
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`MAIL DATE
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`05/12/2022
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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. 79327082
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`Mark:   EDEN
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`Correspondence Address: 
`Origin Ltd
`Twisden Works, Twisden Road
`London NW5 1DN
`UNITED KINGDOM
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`Correspondence Email Address:      
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`Applicant:   EGGTRONIC ENGINEERING S.P.A.
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`    
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`Reference/Docket No. N/A
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`NONFINAL OFFICE ACTION
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`International Registration No. 1629472
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`Notice of Provisional Full Refusal
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`Deadline for responding.  The USPTO must receive applicant’s response within six months of the “date on which the notification was sent
`to WIPO (mailing date)” located on the WIPO cover letter, or the U.S. application will be abandoned (see https://www.uspto.gov/trademarks-
`application-process/abandoned-applications for information on abandonment).  To confirm the mailing date, go to the USPTO’s Trademark
`Status and Document Retrieval (TSDR) database at https://tsdr.uspto.gov/, select “US Serial, Registration, or Reference No.,” enter the U.S.
`application serial number in the blank text box, and click on “Documents.”   The mailing date used to calculate the response deadline is the
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`“Create/Mail Date” of the “IB-1rst Refusal Note.”   
`
`Respond to this Office action using the USPTO’s Trademark Electronic Application System (TEAS).   A link to the appropriate TEAS response
`form appears at the end of this Office action.
`
`Discussion of provisional full refusal.  This is a provisional full refusal of the request for extension of protection to the United States of the
`international registration, known in the United States as a U.S. application based on Trademark Act Section 66(a).  See 15 U.S.C. §§1141f(a),
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`1141h(c).  
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`Introduction
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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.
`
`Summary of Issues:
`Section 2(d) – Likelihood of Confusion Partial Refusal
`Identification of Goods Indefinite – Amendment Required
`Country of Organization Omitted – Amendment Required
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`Section 2(d) – Likelihood of Confusion Partial Refusal
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`The refusal noted below applies only to the goods and services listed below.
`
`Registration of the applied-for mark is partially refused because of a likelihood of confusion with the mark in U.S. Registration No. 4820207. 
`Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the attached registration.
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`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.   
`
`Applicant has applied to register the mark EDEN in standard characters for the following goods and services:
`
`International Class 009: Wireless electrical charging systems; wireless electrical charging systems for charging mobile phones, portable
`computers, portable speakers, earphones, headphones; wireless charging pads; capacitive or inductive wireless power transfer systems;
`electrical and electronic devices, namely, mobile phones, portable computers, portable speakers, earphones, headphones; mobile or
`portable devices, namely, mobile phones, portable computers, portable speakers, earphones, headphones; excluding goods relating to the
`design of cars, automotive design, development of vehicles, design of land vehicle parts and vehicle engine design services.
`
`International Class 042: Design of wireless electrical charging systems; design of wireless electrical charging systems for charging mobile
`phones, portable computers, portable speakers, earphones, headphones; design of wireless charging pads; design of capacitive or inductive
`wireless power transfer systems; design of electrical and electronic devices with integrated wireless electrical charging systems; design of
`mobile or portable devices with wireless electrical charging systems; excluding design of cars, automotive design, development of
`vehicles, design of land vehicle parts and vehicle engine design services.
`
`International Class 045: Licensing of intellectual property relating to wireless electrical charging systems; licensing of intellectual property
`relating to mobile phones, portable computers, portable speakers, earphones, headphones; licensing of intellectual property relating to
`wireless charging pads; licensing of intellectual property relating to capacitive or inductive wireless power transfer systems; licensing of
`intellectual property relating to electrical and electronic devices with integrated wireless electrical charging systems; licensing of
`intellectual property relating to mobile or portable devices with wireless electrical charging systems; excluding licensing of intellectual
`property relating to the design of cars, automotive design, development of vehicles, design of land vehicle parts and vehicle engine design
`services.
`
`Registrant’s mark is E EDEN in stylized text with a design for “headphones; loudspeakers; horn-type audio speakers, loudspeaker cabinets;
`radios; MP3 players; portable and handheld digital electronic devices for recording, organizing, transmitting and processing audio, data and video
`files and electronic accessories therefor, namely, headphones and headphone cases, battery chargers, audio cables” in International Class 009.
`
`Similarity of the Marks
`
`   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).
`
`Here, applicant’s mark, EDEN, is confusingly similar to the registered mark, E EDEN. Both marks share the same dominant portion in the word
`EDEN, with the only difference being the design element of the E and the stylization of the wording in the registered mark.
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`  A
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` mark in typed or standard characters may be displayed in any lettering style; the rights reside in the wording or other literal element and not in
`any particular display or rendition.  See In re Viterra Inc., 671 F.3d 1358, 1363, 101 USPQ2d 1905, 1909 (Fed. Cir. 2012); In re Mighty Leaf Tea,
`601 F.3d 1342, 1348, 94 USPQ2d 1257, 1260 (Fed. Cir. 2010); 37 C.F.R. §2.52(a); TMEP §1207.01(c)(iii).  Thus, a mark presented in stylized
`characters and/or with a design element generally will not avoid likelihood of confusion with a mark in typed or standard characters because the
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`word portion could be presented in the same manner of display.  See, e.g., In re Viterra Inc., 671 F.3d at 1363, 101 USPQ2d at 1909; Squirtco v.
`Tomy Corp., 697 F.2d 1038, 1041, 216 USPQ 937, 939 (Fed. Cir. 1983) (stating that “the argument concerning a difference in type style is not
`viable where one party asserts rights in no particular display”).
`
`When evaluating a composite mark consisting of words and a design, the word portion is normally accorded greater weight because it is likely to
`make a greater impression upon purchasers, be remembered by them, and be used by them to refer to or request the goods and/or services.  In re
`Aquitaine Wine USA, LLC, 126 USPQ2d 1181, 1184 (TTAB 2018) (citing In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908
`(Fed. Cir. 2012)); TMEP §1207.01(c)(ii).  Thus, although marks must be compared in their entireties, the word portion is often considered the
`dominant feature and is accorded greater weight in determining whether marks are confusingly similar, even where the word portion has been
`disclaimed.  In re Viterra Inc., 671 F.3d at 1366-67, 101 USPQ2d at 1911 (citing Giant Food, Inc. v. Nation’s Foodservice, Inc. , 710 F.2d 1565,
`1570-71, 218 USPQ2d 390, 395 (Fed. Cir. 1983)).
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`Because the marks sound similar and create the same commercial impression, the marks are considered similar for likelihood of confusion
`purposes.
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`Relatedness of the Goods and Services
`
`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 uses broad wording to describe “ portable and handheld digital electronic devices for recording, organizing,
`transmitting and processing audio, data and video files and electronic accessories therefor, namely, headphones and headphone cases, battery
`chargers, audio cables,” which presumably encompasses all goods of the type described, including registrant’s more narrow “radios, MP3
`players,” and applicant’s more narrow “ Wireless electrical charging systems; wireless electrical charging systems for charging mobile phones,
`portable computers, portable speakers, earphones, headphones; wireless charging pads; capacitive or inductive wireless power transfer systems;
`electrical and electronic devices, namely, mobile phones, portable computers, portable speakers, earphones, headphones; mobile or portable
`devices, namely, mobile phones, portable computers, portable speakers, earphones, headphones.” Specifically, the applicant’s various charging
`systems would constitute “battery chargers,” and applicant’s mobile devices, headphones, and speakers would constitute “portable and
`handheld digital electronic devices…and electronic accessories therefor.” 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).  Thus, applicant’s and registrant’s goods 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)).
`
`The goods 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 are related.
`
`In addition, applicant’s goods, “ portable speakers, earphones, headphones,” are closely related to registrant’s goods, “ headphones;
`loudspeakers; horn-type audio speakers, loudspeaker cabinets.”
`
`The attached Internet evidence from Bose, B&H, and JBL establishes that the same entity commonly manufactures, produces, or provides the
`relevant goods and markets the goods under the same mark. In this case, audio companies offer portable speakers, earphones and headphones,
`loudspeakers, horn speakers, and loudspeaker cabinets. Thus, applicant’s and registrant’s goods 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).
`
`Finally, applicant’s services, “ Design of wireless electrical charging systems; design of wireless electrical charging systems for charging mobile
`phones, portable computers, portable speakers, earphones, headphones; design of wireless charging pads; design of capacitive or inductive
`wireless power transfer systems; design of electrical and electronic devices with integrated wireless electrical charging systems; design of mobile
`or portable devices with wireless electrical charging systems” and “ Licensing of intellectual property relating to wireless electrical charging
`systems; licensing of intellectual property relating to mobile phones, portable computers, portable speakers, earphones, headphones; licensing of
`intellectual property relating to wireless charging pads; licensing of intellectual property relating to capacitive or inductive wireless power
`transfer systems; licensing of intellectual property relating to electrical and electronic devices with integrated wireless electrical charging
`systems; licensing of intellectual property relating to mobile or portable devices with wireless electrical charging systems” are related to
`registrant’s goods, “ headphones; MP3 players; portable and handheld digital electronic devices for recording, organizing, transmitting and
`processing audio, data and video files and electronic accessories therefor, namely, headphones and headphone cases, battery chargers, audio
`cables.”
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`The attached Internet evidence from Apple establishes that the same entity commonly provides the relevant goods and services and markets the
`goods and services under the same mark. Here, technology companies like Apple sell goods including smartphones, MP3 players, and
`headphones, and also offer in-house product design and intellectual property licensing. Thus, applicant’s and registrant’s goods and 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).
`
`Accordingly, the goods and services are considered related for purposes of the likelihood of confusion analysis.
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`Conclusion
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`Because the marks are similar and the goods and services are related, there is a likelihood of confusion as to the source of applicant’s goods and
`services, and registration is partially refused pursuant to Section 2(d) of the Trademark Act.
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`Response Options to Refusals
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`Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in
`support of registration.  However, if applicant responds to the refusal(s), applicant must also respond to the requirement(s) set forth below.
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`Identification of Goods Indefinite – Amendment Required
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`The wording in the International Class 009 identification of goods is indefinite and must be clarified.  See 37 C.F.R. §2.32(a)(6); TMEP
`§1402.01. Specifically, the wording “wireless electrical charging systems” and “wireless power transfer system” is indefinite because it does
`not make clear what the goods are. The wording “wireless charging pads” should be clarified as to their use, i.e., for smartphones. In addition,
`the wording “portable speakers,” “display devices,” “fitness trackers,” and “head mounted augmented reality displays” is indefinite because
`the nature of the goods is not clear. Finally, the wording “Powerbank” is a registered mark, so the identification must be changes to the generic
`wording for those goods.
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`In addition, the wording “excluding goods related to” in International Class 009, “excluding design of” in International Class 042, and
`“excluding licensing of” in International Class 045 is grammatically incorrect, and should be re-written so that it clearly identifies which goods
`and services it is limiting.
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`Applicant may substitute the following wording, if accurate:  
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`·      
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`·      
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`International Class 009:  Wireless electrical charging systems, namely, {indicate nature of goods, e.g., stands for smartphones};
`wireless electrical charging systems for charging electric and hybrid electric vehicles, electric drones, home appliances, domestic
`equipment, lighting apparatus, LED lighting apparatus, gaming consoles, mobile phones, smartwatches, portable computers, portable
`speakers, display devices, fitness trackers, cameras, battery packs, head mounted augmented reality displays, earphones, headphones,
`laboratory robots, teaching robots, telepresence robots, security surveillance robots and humanoid robots with artificial intelligence;
`wireless charging pads for smart phones; capacitive or inductive wireless power transfer systems, namely, {indicate nature of
`goods, e.g., smartphone chargers, chargers for electrical accumulators}; electrical and electronic devices, namely, mobile phones,
`smartwatches, portable computers, portable wireless speakers, display devices, namely, {specify nature of goods, e.g., liquid crystal
`display monitors}, wearable activity trackers, cameras, battery packs, head mounted augmented reality displays, namely, {indicate
`nature of goods, e.g., virtual reality headsets}, earphones, headphones, laboratory robots, teaching robots, telepresence robots,
`security surveillance robots and humanoid robots with artificial intelligence, all with integrated wireless electrical charging systems;
`mobile or portable electronic devices, namely, mobile phones, smartwatches, portable computers, portable wireless speakers, display
`devices, namely, {specify nature of goods, e.g., liquid crystal display monitors}, wearable activity trackers, cameras, battery packs,
`head mounted augmented reality displays, namely, {indicate nature of goods, e.g., virtual reality headsets}, earphones, headphones,
`laboratory robots, teaching robots, telepresence robots, security surveillance robots and humanoid robots with artificial intelligence,
`all with integrated wireless electrical charging systems; integrated circuits, application specific integrated circuits, application specific
`integrated circuits for power transfer, application specific integrated circuits for capacitive or inductive wireless power transfer; all of
`the foregoing excluding goods relating to the design of cars, automotive design, development of vehicles, design of land vehicle parts
`and vehicle engine design services.
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`International Class 042: Design of wireless electrical charging systems; design of wireless electrical charging systems for charging
`electric and hybrid electric vehicles, electric drones, home appliances, domestic equipment, lighting apparatus, LED lighting
`apparatus, gaming consoles, mobile phones, smartwatches, portable computers, portable speakers, display devices, fitness trackers,
`cameras, battery packs, head mounted augmented reality displays, earphones, headphones, laboratory robots, teaching robots,
`telepresence robots, security surveillance robots and humanoid robots with artificial intelligence; design of wireless charging pads;
`design of capacitive or inductive wireless power transfer systems; design of electrical and electronic devices with integrated wireless
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`electrical charging systems; design of mobile or portable devices with wireless electrical charging systems; design of integrated
`circuits, application specific integrated circuits, application specific integrated circuits for power transfer, application specific
`integrated circuits for capacitive or inductive wireless power transfer; all of the foregoing excluding design of cars, automotive
`design, development of vehicles, design of land vehicle parts and vehicle engine design services.
`
`·      
`
`International Class 045: Licensing of intellectual property relating to wireless electrical charging systems; licensing of intellectual
`property relating to wireless electrical charging systems for charging electric vehicles and hybrid electric vehicles, electric drones,
`home appliances, domestic equipment, lighting apparatus, LED lighting apparatus, gaming consoles, mobile phones, smartwatches,
`portable computers, portable speakers, display devices, fitness trackers, cameras, battery packs, head mounted augmented reality
`displays, earphones, headphones, laboratory robots, teaching robots, telepresence robots, security surveillance robots and humanoid
`robots with artificial intelligence; licensing of intellectual property relating to wireless charging pads; licensing of intellectual
`property relating to capacitive or inductive wireless power transfer systems; licensing of intellectual property relating to electrical and
`electronic devices with integrated wireless electrical charging systems; licensing of intellectual property relating to mobile or portable
`devices with wireless electrical charging systems; licensing of intellectual property relating to integrated circuits, application specific
`integrated circuits, application specific integrated circuits for power transfer, application specific integrated circuits for capacitive or
`inductive wireless power transfer; all of the foregoing excluding licensing of intellectual property relating to the design of cars,
`automotive design, development of vehicles, design of land vehicle parts and vehicle engine design services.
`
`Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services
`beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Generally, any deleted goods
`and/or services may not later be reinserted.  See TMEP §1402.07(e).  Additionally, for applications filed under Trademark Act Section 66(a), the
`scope of the identification for purposes of permissible amendments is limited by the international class assigned by the International Bureau of
`the World Intellectual Property Organization (International Bureau); and the classification of goods and/or services may not be changed from that
`assigned by the International Bureau.  37 C.F.R. §2.85(d); TMEP §§1401.03(d), 1904.02(b).  Further, in a multiple-class Section 66(a)
`application, classes may not be added or goods and/or services transferred from one existing class to another.  37 C.F.R. §2.85(d); TMEP
`§1401.03(d).
`
`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.
`
`Country of Organization Omitted – Amendment Required
`
`Applicant must specify its foreign country of organization or incorporation in addition to its legal entity type, as applicant did not include this
`information in the application.  See 37 C.F.R. §§2.32(a)(3)(i)-(v), 2.61(b); TMEP §§803.03, 803.04.  This information is required for all U.S.
`
`trademark applications, including those filed under Trademark Act Section 66(a).  See 37 C.F.R. §7.25(a)-(b); TMEP §1904.02(a).  
`
`Acceptable legal entity types include an individual, a partnership, a corporation, a joint venture, or the foreign equivalent.  See TMEP §§803.03
`et seq.  If applicant’s legal entity type is an individual, applicant must so specify and provide his or her national citizenship.   37 C.F.R.
`§2.32(a)(3)(i); TMEP §803.03(a).  If applicant is a corporation, association, partnership, joint venture, or the foreign equivalent, applicant must
`so specify and provide the foreign country under whose laws applicant is organized or incorporated.  37 C.F.R. §2.32(a)(3)(ii); TMEP
`§803.03(b)-(c).  For an association, applicant must also specify whether the association is incorporated or unincorporated, unless the foreign
`country and the designation or description “association/associazione” appear in Appendix D of the Trademark Manual of Examining Procedure
`(TMEP).  TMEP §803.03(c).  If applicant is organized under the laws of a foreign province or geographical region, applicant should specify both
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`the foreign province or geographical region and the foreign country in which the province or region is located.  See TMEP §803.04.  
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`Response Guidelines
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`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,
`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.
`
`Please call or email the assigned trademark examining attorney with questions about this Office action.  Although an examining attorney cannot
`provide legal advice, the examining attorney can provide additional explanation about the refusal(s) and/or requirement(s) in this Office action. 
`
`See TMEP §§705.02, 709.06.  
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`The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in
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`the application record.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.  
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`Email address required.  Applicant must provide applicant’s email address, which is a requirement for a complete application.   See 37 C.F.R.
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`§2.32(a)(2); TMEP §803.05(b).  This email address cannot be identical to the primary correspondence email address of a U.S.-licensed attorney
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`retained to represent applicant in this application.  See TMEP §803.05(b).  
`
`Applicant is required to be represented by a U.S.-licensed attorney to respond to or appeal the provisional refusal because applicant’s
`domicile is located outside of the United States and applicant does not appear to be represented by a qualified U.S. attorney.  37 C.F.R. §2.11(a);
`TMEP §601.01(a).  An applicant whose domicile is located outside of the United States or its territories must be represented by an attorney who
`is an active member in good standing of the bar of the highest court of a U.S. state or territory.  37 C.F.R. §2.11(a); TMEP §§601, 601.01(a).  In
`this case, applicant’s domicile is identified in the application as Italy.   For more information, see the U.S. Counsel webpage at
`https://www.uspto.gov/trademark/laws-regulations/trademark-rule-requires-foreign-applicants-and-registrants-have-us and Hiring a U.S.-licensed
`
`trademark attorney webpage at https://www.uspto.gov/trademarks-getting-started/why-hire-private-trademark-attorney.   
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`To appoint a U.S.-licensed attorney in this application, applicant should submit a completed Trademark Electronic Application System (TEAS)
`Change Address or Representation form at https://teas.uspto.gov/ccr/car.  The newly-appointed attorney must submit a TEAS Response to
`Examining Attorney Office Action form at https://teas.uspto.gov/office/roa/ indicating that an appointment of attorney has been made and
`address all other refusals or requirements in this action.  Alternatively, if applicant retains an attorney before filing the response, the attorney can
`respond to this Office action by using the appropriate TEAS response form and provide his or her attorney information in the form and sign it as
`applicant’s attorney.   See 37 C.F.R. §2.17(b)(1)(ii); TMEP §604.01.
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`How to respond.   Click to file a response to this nonfinal Office action.        
`
`/Mary Becker/
`Mary Becker
`Examining Attorney, Law Office 303
`U.S. Patent and Trademark Office
`mary.becker@uspto.gov
`(571) 270-3020
`
`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.
`
`  
`  
` 
` 
`

`

`Print: Mar 29, 2022
`
`79144350
`
`DESIGN MARK
`
`Serial Number
`79154350
`
`Status
`REGISTERED
`
`Word Mark
`E EDEN
`
`Standard Character Mark
`No
`
`Registration Number
`4820207
`
`Date Registered
`2015/09/29
`
`Type of Mark
`TRADEMARK
`
`Register
`PRINCIPAL
`
`Mark Drawing Code
`(3) DESIGN PLUS WORDS, LETTERS AND/OR NUMBERS
`
`Owner
`GEARAMUSIC LIMITED Limited Company UNITED KINGDOM Holgate Park Drive
`York Yo26 46N UNITED KINGDOM
`
`G& & 8:
`
`Goods/Services
`O21 0235 O26 036 038.
`U8
`If 009.
`Glass Status -- ACTIVE.
`Sound recording, manipulating, amplifying,
`reproducing and
`transmitting apparatus, electrical and electronic apparatus and
`instruments, namely, amplifiers, all for audio amplification, for the
`graphic equalisation of sound signal frequencies, for mixing sound
`tones, altering sound tanes, or effecting echo, delay and other
`effects; sound amplifiers; amplifiers for sound reproducing equipment
`and for use with musical
`inetruments; amplifiers seld together as a
`unit with loudspeakers and cabinets; musical
`instrument amplifiers,
`namely, valve amplifiers and digital guitar amplifiers; electronic
`sound reverberation units; sound mixing, processing and aynthesizing
`apparatus; sound mixers; sound-mixer units; microphones, headphones;
`loudspeakers; horn-type audio speakers,
`loudspeaker cabinets; cases
`
`for loudspeakers; foot pedals and foot switches specifically designed
`for use with sound amplifiere for pronessing, amplifying or distorting
`sound;
`[ foot switches and effects pedals for use with electrical
`musical
`instruments;
`] sustain pedals, expression pedals, delay
`
`-1-
`
`

`

`Print: Mar 29, 2022
`
`79144350
`
`pedals, all being electronic effects pedals; radios; MPS players;
`portable and handheld digital electronic devices for recording,
`erganizing,
`transmitting and processing audic, data and video files
`and electronic accessories therefor, namely, headphones and headphone
`
`Cases, battery chargers, audio cables; electric docking stations for
`
`use with portable storage devices and music players; stands for MP3
`players; stereo amplifier and speaker base stations; CD, DVD and MP3
`cases; computer game software; computer game programs;
`interactive
`computer games prerecorded on DVD; computer software for recording
`Bound; camputer soaftware for use with any of the aforesaid goods;
`Structural parts and fittings for the aforesaid goods; mousemats;
`speaker magnets and magnets used in transducers, refrigerator magnets;
`calculators.
`
`
`
`Goods/Servi