Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 30 DAYS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/351342

 

This letter is in response to the applicant’s written communication concerning the referenced mark.  The information contained in the applicant’s correspondence has been entered into the record.

 

The applicant is advised of the following:

 

 

Identification of Goods – Classes 7 and 12

 

The identification of goods for Classes 7 and 12 remains unacceptable as indefinite.  TMEP §1402.01.

 

 

Class 7

 

The applicant should replace “drive machines for engines for shearer loader, loaders, continuous miner, continuous conveyors, crushrs” with “drive machines for engines for shearer loader, loaders, continuous miner, continuous conveyors, crushers.”

 

 

Class 12

 

The applicant is advised that “movable devices, namely, cranes, crawler cranes and mobile cranes for loading and unloading of storing units” is misclassified.  The proper class for these items is Class 7.

 

The wording “pulling cable, tensioners” is unacceptable as indefinite.  The applicant may adopt the following Class 9 item, if accurate:  “cable management apparatus, namely, cable tensioners.”

 

The wording “land vehicle gears” is unacceptable as indefinite.  The applicant may adopt the following, if accurate:  “land vehicle drive gears.”

 

For assistance regarding an acceptable listing of goods and/or services, please see the on‑line searchable Manual of Acceptable Identifications of Goods and Services, at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual.

 

Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, the applicant may not include any goods that are not within the scope of goods as amended.

 

The identification of goods for Classes 6, 9, 11 and 17 is acceptable as currently worded.

 

 

Recitation of Services – Class 42

 

The recitation of services for Class 42 remains unacceptable as indefinite.  TMEP §1402.11.  The applicant may adopt the following recitation, if accurate:

 

Class 42 – Technical support, namely, monitoring of mining industry machines and their parts by means of machine diagnosis; design services in the field of building and mining industry machines, conveyors, transport systems, hydraulic systems, machines for stacking and unloading, for third parties; inspection of mining machines and their parts, railways, suspension railways and other transport equipment used in the construction and mining industries;[1] inspection of intelligent mine lighting, namely, electrical lighting fixtures and helmet head lamps combined with gas detectors or identification transmitters, water treatment systems, and machines for mining and for industrial manufacturing.

 

The applicant should delete the following language from the end of the Class 42 recitation, as it is repetitive:

 

“inspection of mining machines and their parts, railways, suspension railways and other transport equipment used in the construction and mining industries; inspection of intelligent mine lighting, namely, electrical lighting fixtures and helmet head lamps combined with gas detectors or identification transmitters, water treatment systems, and machines for mining and for industrial manufacturing.”

 

For assistance regarding an acceptable listing of goods and/or services, please see the on‑line searchable Manual of Acceptable Identifications of Goods and Services, at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual.

 

Please note that, while an application may be amended to clarify or limit the recitation, additions to the recitation are not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, the applicant may not include any services that are not within the scope of the services as amended.

 

The recitation of services for Classes 37 and 41 is acceptable as currently worded.

 

 

Final Refusal Continued

 

The finality of these requirements is hereby continued.  If the applicant fails to respond within 30 days of the mailing date of this refusal, this Office will declare the application abandoned.  37 C.F.R. §2.65(a).

 

 

Informational

 

Fee increase effective January 1, 2003

Effective January 1, 2003, the fee for filing an application for trademark registration increased to $335.00 per International Class.  The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00.  Additionally, the fee for amending an existing application to add an additional class or classes of goods/services is $335.00 per class for classes added on or after January 1, 2003.

 

Whether applicant chooses to respond via regular mail or electronic mail, applicant should submit its response using only one of these means of communication.  Duplicate responses will delay the prosecution of the application.

 

Customers can electronically change the correspondence address on any trademark/service mark application or registration that is currently active with the Office by using the web-based TEAS (Trademark Electronic Application System) form.  For further information, visit http://www.gov.uspto.report/web/trademarks/tmchangeaddress.htm.

 

The following authorities govern the processing of trademark applications:  The Trademark Act, 15 U.S.C. §§1051 et seq.; Trademark Rules of Practice, 37 C.F.R. Part 2; Trademark Manual of Examining Procedure (TMEP), 3^rd edition, January 2002.  To access these resources, please visit http://www.gov.uspto.report/web/offices/tac.

 

The Trademark Applications and Registrations Retrieval (TARR) database on the USPTO website at http://tarr.uspto.gov provides detailed, up to the minute information about the status and prosecution history of trademark applications and registrations.  The TARR database is available 24 hours a day, 7 days a week.  Status and status date information is also available via push-button telephone at (703) 305‑8747 from 6:30 a.m. until midnight, Eastern Time, Monday through Friday.

 

 

 

/Matthew J. Pappas/

Trademark Attorney

Law Office 105

703/308-9105 ext. 206

matthew.pappas@uspto.gov (informal)

 

 

How to respond to this Office Action:

 

To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.

 

To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.

 

To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.