To:
`Subject:
`Sent:
`Sent As:
`
`Hae-Chan Park(patent@park-law.com)
`U.S. Trademark Application Serial No. 97212090 - UPHEAT - TM1279US00
`October 24, 2022 07:43:57 AM EDT
`tmng.notices@uspto.gov
`
`Attachments
`
`United States Patent and Trademark Office (USPTO)
`Office Action (Official Letter) About Applicant’s Trademark Application
`
`
`
`U.S. Application Serial No.  97212090
`
`Mark:   UPHEAT
`
`Correspondence Address:  
`HAE-CHAN PARK
`H.C. PARK & ASSOCIATES, PLC
`1894 PRESTON WHITE DRIVE
`RESTON VA 20191 UNITED STATES
`
`Applicant:   Mofs Co., Ltd
`
`Reference/Docket No.  TM1279US00
`
`Correspondence Email Address:   patent@park-law.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:   October 24, 2022
`
`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 Statement
`
`

`

`
`The trademark examining attorney has searched the USPTO database of registered and pending marks
`and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15
`U.S.C. §1052(d); TMEP §704.02.
`
`Identification and Classification of Goods/Services
`
`The wording indicated below  must be clarified because it is too broad and could include goods in other
`international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. 
`
`
`Suggestions for acceptable amendment follow each class.
`IC 025. US 022 039.G & S: golf trousers; golf wear; golf shirts; golf caps; golf skirts; golf
`•
`jumpers; golf shoes; bags specially adapted for golf shoes; hats; short-sleeved undershirts; short-
`sleeved T-shirts; waterproof clothing; sports wear; footwear; anoraks; socks; uniforms;
`clothing; belts; training wear
`•
`All of the clothing/wear need common commercial names for each item
`“clothing belts”
`•
`
`
`
`
`
`
`
`
`
`•
`
`•
`
`IC 028. US 022 023 038 050.G & S: golf bags, with or without wheels; markers for golf balls;
`golf balls; automatic golf ball supplies; golf ball finder; golf flags; golf nets; golf drivers;
`stands specially adapted for holding golf bags; golf bag carts; golf swing exercisers; counters for
`golf; golf bags; gloves for golf; scoreboards for golf; putting mats for golf; golf equipment;
`golf club heads; golf club shafts; golf clubs; golf tees
`•
`Common commercial name for automatic golf ball supplies
`Golf ball finder in the nature of cameras and recorded software sold as a unit:  Class 9
`•
`Electronic scoreboards – Class 9; non-electric plastic scoreboards – Class 20
`•
`
`IC 035. US 100 101 102.G & S: wholesale store services featuring golf bags; retail store services
`featuring golf bags with or without wheels; promotion of products and services of third parties
`through sponsoring arrangements relating to golf competitions; wholesale store services featuring
`golf balls; retail store services featuring golf balls; wholesale store services featuring golf caps;
`retail store services featuring golf caps; wholesale store services featuring golf shoes; retail store
`services featuring golf shoes; golf equipment marketing; retail store services featuring golf
`wear; wholesale store services featuring golf wear; retail store services featuring golf clubs;
`wholesale store services featuring golf clubs; advertising agency services; import-export agency
`services; advertising via the Internet and commercial information service; promoting the goods
`and services by means of operating an on-line comprehensive shopping mall; business
`intermediary services relating to mail order by telecommunications; sales agency services
`for non-magnetic golf memberships of paper; retail store services featuring golf equipment;
`wholesale store services featuring golf equipment
`•
`“golf equipment marketing for others” is an acceptable amendment, if accurate.  Marketing
`
`

`

`•
`
`for your own products is not a separable, registrable service.
`The other phrases must be clarified in order to make sense,e.g., operating a shopping mall
`is not a promotional activity.  Mail order services are not a business intermediary service. 
`Sales agency services for paper memberships is just not a real service.
`
`
`
`Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those
`originally itemized in the application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP
`§1402.06. Applicant may clarify or limit the identification by inserting qualifying language or deleting
`items to result in a more specific identification; however, applicant may not substitute different goods
`and/or services or add goods and/or services not found or encompassed by those in the original
`application or as acceptably amended. See TMEP §1402.06(a)-(b). The scope of the goods and/or
`services sets the outer limit for any changes to the identification and is generally determined by the
`ordinary meaning of the wording in the identification. TMEP §§1402.06(b), 1402.07(a)-(b). Any
`acceptable changes to the goods and/or services will further limit scope, and once goods and/or services
`are deleted, they are not permitted to be reinserted. TMEP §1402.07(e).
`
`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.
`
`The application identifies goods and/or services in more than one international class; therefore,
`applicant must satisfy all the requirements below for each international class based on Trademark Act
`Section 1(b):
`
`
`(1)   List the goods and/or services by their international class number in consecutive
`numerical order, starting with the lowest numbered class.
`
`(2)   Submit a filing fee for each international class not covered by the fee(s) already paid
`(view the USPTO’s current fee schedule).  The application identifies goods and/or services that
`are classified in at least five classes; however, applicant submitted a fee(s) sufficient for only
`three class(es).  Applicant must either submit the filing fees for the classes not covered by the
`submitted fees or restrict the application to the number of classes covered by the fees already
`paid.
`
`
`See 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c).
`
`For an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the
`requirements online using the Trademark Electronic Application System (TEAS) form, see the
`Multiple-class Application webpage.
`
`How to respond.   Click to file a response to this nonfinal Office action.
`
`If the applicant has any questions, please contact the undersigned.
`
`

`

`
`
`
`/Janice McMorrow/
`Janice McMorrow
`Trademark Examining Attorney
`Law Office 115
`(571) 272-9194
`janice.mcmorrow@uspto.gov
`
`
`
`
`RESPONSE GUIDANCE
`
`•
`
`•
`
`•
`
`Missing the response deadline to this letter will cause the application to abandon.  The
`response must be received by the USPTO before midnight Eastern Time of the last day of the
`response period.  TEAS 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.
`
`

`

`United States Patent and Trademark Office (USPTO)
`
`USPTO OFFICIAL NOTICE
`
`Office Action (Official Letter) has issued
`on October 24, 2022 for
`U.S. Trademark Application Serial No.  97212090
`
`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. 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 trademark-related scams . Protect yourself from people and companies that
`may try to take financial advantage of you. Private companies may call you and pretend
`to be the USPTO or may send you communications that resemble official USPTO
`documents to trick you. We will never request your credit card number or social security
`number over the phone. And all official USPTO correspondence will only be emailed
`from the domain “@uspto.gov.” Verify the correspondence originated from us by using
`your Serial Number in our database, TSDR, to confirm that it appears under the
`“Documents” tab, or contact the Trademark Assistance Center. 
`
`

`

`•
`
`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 is not your attorney and cannot give you legal advice, but
`rather works for and represents the USPTO in trademark matters.
`
` 
`