UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/437505
APPLICANT: ERA POWER COMPANY
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CORRESPONDENT ADDRESS: EZRA SUTTON EZRA SUTTON, P.A. PLAZA 9 900 ROUTE 9, SUITE 201 WOODBRIDGE, NEW JERSEY 07095 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom106@uspto.gov
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MARK: POWER PARK
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CORRESPONDENT’S REFERENCE/DOCKET NO: ERA 10.1-001
CORRESPONDENT EMAIL ADDRESS:
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Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 76/437505
The assigned examining attorney has reviewed the referenced application and determined the following.
The identification of goods is unacceptable as indefinite. The applicant may adopt the following identification, if accurate: Vehicles, namely, automobiles, vans, trucks, boats, trains and airplanes, having a power generation system for supplying power to a vehicle and to off-board power uses or loads. TMEP §1402.01.
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 amend to include any goods that are not within the scope of goods set forth in the present identification.
The applicant must disclaim the deceptively misdescriptive wording “Power” apart from the mark as shown. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.03(a). The wording is misdescriptive because the goods are a power generation system that is intended to be used for off-board power uses or loads.
The computerized printing format for the Trademark Official Gazette requires a standard form for a disclaimer. TMEP §1213.08(a)(i). A properly worded disclaimer should read as follows:
No claim is made to the exclusive right to use Power, apart from the mark as shown.
See In re Owatonna Tool Co., 231 USPQ 493 (Comm’r Pats. 1983).
The applicant must indicate whether the wording “Park” has any significance in the relevant trade or industry or as applied to the goods/services. 37 C.F.R. §2.61(b).
The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
The following authorities govern the processing of trademark and service mark applications: The Trademark Act, 15 U.S.C. §§1051 et seq., the Trademark Rules of Practice, 37 C.F.R. Part 2, and the Trademark Manual of Examining Procedure (TMEP).
/Edward Nelson/
Examining Attorney
Law Office 106
(703) 308-9106 ext.197
(703)746-8106 (fax no.)
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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.