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 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/445199

 

The Office has reassigned this application to the undersigned examining attorney.

 

This letter responds to the applicant’s communication filed on September 2, 2003.  The following issue remains outstanding and the requirement for compliance is hereby made final.

 

Identification of Goods

The identification of goods remains unacceptable as indefinite.  TMEP section 1402.   In the identification, the applicant must use the common commercial names for the goods, be as complete and specific as possible and avoid the use of indefinite words and phrases.  If the applicant chooses to use indefinite terms, such as “accessories,” “components,” “devices,” “equipment,” “materials,” “parts,” “systems” and “products,” then those words must be followed by the word “namely” and the goods listed by their common commercial names.  TMEP §§1402.01 and 1402.03(a).  Additionally, the applicant was required to specify whether the goods were manually or power operated goods.

 

Further, the proposed amendment of the identification in Class 12 is unacceptable because the entire identification, EXCEPT “log skidding plates”  designates goods that are not within the scope of the identification that was set forth in the application at the time of filing.  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 et seq. and 1402.07.  Moreover, “log skidding plates,” is properly classified in either Class 7 or 8 depending on whether they are for power operated or manually operated equipment.

 

Additionally, the nature of “trailer packages” and “power feed packages” is unclear.

 

The applicant may adopt the following identification, if accurate:

 

Power operated, portable sawmills and accessories, namely, log rollers, toe boards, lap siding and shingle makers, bed extensions, trailer packages consisting of [specify major component parts; NOTE: trailer hitches and the like are classified in Class 12], power-feed packages consisting of [specify major component parts], log loader and repositioning packages consisting of [specify major component parts], bed levelers, bed supports, 1 1/2" blade systems consisting of [specify major component parts], covers, log handling tools, namely [specify common commercial name of “tools” or further specify function]; power operated, portable board edgers and accessories, namely, trailer packages consisting of [specify major component parts] and bed supports; power operated boom loaders; power operated tree-felling jacks; power operated blade sharpeners for band sawmill blades; tooth setters for power operated band sawmill blades; forestry equipment, namely, ATV log skidders, tractor-mounted hydraulic log skidders; and tractor mounted wood splitters, in International Class 7.

 

Manually operated, portable board edgers and accessories, namely, trailer packages consisting of [specify major component parts] and bed supports; manually operated tree-felling jacks; manually operated blade sharpeners for band sawmill blades; manually operated band sawmill blade tooth-setters, in International Class 8.

 

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. Section 2.71(a); TMEP section 1402.09.  Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.

 

Appropriate Response – Final Action

Please note that the only appropriate responses to a final action are (1) compliance with the outstanding requirements, if feasible, (2) filing of an appeal to the Trademark Trial and Appeal Board, or (3) filing of a petition to the Director if permitted by 37 C.F.R. §2.63(b). 37 C.F.R. §2.64(a); TMEP §715.01.  Regarding petitions to the Director, see 37 C.F.R. §2.146; TMEP Chapter 1700 regarding petitions.  If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application abandoned.  37 C.F.R. §2.65(a). 

 

 

Tricia McDermott Thompkins /TMT/

Trademark Attorney

Law Office 114

Phone No.: 703-308-9114 x263

Fax No.: 703-746-8114/6506

Email: ecom114@uspto.gov

 

 

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.