Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

RESPONSE TIME LIMIT:  TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE. 

 

MAILING/E-MAILING DATE INFORMATION:  If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.

 

Serial Number  76/460032

 

This letter responds to applicant’s communication submitted on October 24, 2006. The foreign registration is accepted and made of record. The applicant is advised as follows.

 

Identification of Goods

The identification of goods is unacceptable as indefinite because the intended goods is unclear. TMEP §1402.01. This requirement is made FINAL. The applicant may adopt the following identification: 

 

In Class 9: SENSOR CALIBRATION MACHINES; TERMINAL VALIDATION MACHINES; ELECTRIC, ELECTRONICAL AND TERMIC TESTING MACHINES, COMPUTER MONITORS, BLANK MAGNETIC DATA CARRIERS AND RECORDING DISCS; APPARATUS FOR RECORDING, TRANSMISSION OR REPRODUCTION OF SOUND OR IMAGES, namely, [specify the common commercial name(s) of the goods]; MAGNETIC DATA CARRIERS AND RECORDING DISCS FEATURING [SPECIFY SUBJECT MATTER];

 

Recitation of Services

The recitation of services is unacceptable as indefinite. TMEP §1402.11. This requirement is made FINAL. The applicant may adopt the following recitation, if accurate: 

 

In Class 40: Custom manufacture of  SENSOR CALIBRATION, TERMAL VALIDATION, MONITORS, ELECTRIC AND ELECTRONICAL AND TERMIC TESTING MACHINES, BLANK MAGNETIC DATA CARRIERS AND RECORDING DISCS; REPAIR AND INSTALLATION OF SENSOR CALIBRATION, TERMAL VALIDATION, MONITORS, ELECTRIC, ELECTRONICAL, TERMIC TESTING MACHINES;

 

In Class 42: INDUSTRIAL ANALYSIS AND RESEARCH SERVICES in the field of [specify]; DESIGN AND DEVELOPMENT OF COMPUTER HARDWARE AND SOFTWARE FOR OTHERS; PLAN DESIGN SERVICES NAMELY DESIGN AND DEVELOPMENT OF SYSTEMS FOR DATA COLLECTION AND PROCESSING FOR OTHERS;

 

Classification of Goods and Services

If applicant adopts the suggested amendment of the goods and/or services, then applicant must amend the classification to International Classes 9, 40 and 42.  37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§805 and 1401 et seq.

 

Failure to Respond

If applicant should fail to respond to this Office action within the six month time limit, then the following goods and/or services will be deleted from the application:  SCIENTIFIC, NAUTICAL, GEODETICAL, ELECTRICAL, PHOTOGRAPHIC, OPTICAL, WEIGHING, MEASURING, SIGNALLING, CHECKING (SUPERVISION), LIFE-SAVING ANDTEACHING APPARATUS AND INSTRUMENTS, NAMELY, SENSOR CALIBRATION, TERMAL VALIDATION, MONITORS, ELECTRIC, ELECTRONICAL, TERMIC TESTING MACHINES; APPARATUS FOR RECORDING, TRANSMISSION OR REPRODUCTION OF SOUND OR IMAGES; MAGNETIC DATA CARRIERS, RECORDING DISCS.  The application will then proceed with following goods and/or services only: BLANK MAGNETIC DATA CARRIERS AND RECORDING DISCS; REPAIR AND INSTALLATION OF SENSOR CALIBRATION, TERMAL VALIDATION, MONITORS, ELECTRIC, ELECTRONICAL, TERMIC TESTING MACHINES, BLANK MAGNETIC DATA CARRIERS AND RECORDING DISCS; DESIGN AND DEVELOPMENT OF COMPUTER HARDWARE AND SOFTWARE FOR OTHERS; PLAN DESIGN SERVICES NAMELY DESIGN AND DEVELOPMENT OF SYSTEMS FOR DATA COLLECTION AND PROCESSING FOR OTHERS.  37 C.F.R. §2.65(a).

 

Options

If applicant fails to respond to this final action within six months of the mailing date, the application will be abandoned.  15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).  Applicant may respond to this final action by: 

 

(1)   submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); and/or

 

(2)   filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class (37 C.F.R. §§2.6(a)(18) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).

 

In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2).  37 C.F.R. §2.64(a).  See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matters.  The petition fee is $100.  37 C.F.R. §2.6(a)(15).

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

 

 

 

 

/Kevon L. Chisolm/

Trademark Attorney

Law Office 103

(571)-272-9270

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond using the Office’s Trademark Electronic Application System (TEAS) Response to Office action form available on our website at http://www.gov.uspto.report/teas/index.html.  If the Office action issued via e-mail, you must wait 72 hours after receipt of the Office action to respond via TEAS.  NOTE:  Do not respond by e-mail.  THE USPTO WILL NOT ACCEPT AN E-MAILED RESPONSE.
• REGULAR MAIL RESPONSE:  To respond by regular mail, your response should be sent to the mailing return address above, and include the serial number, law office number, and examining attorney’s name.  NOTE:  The filing date of the response will be the date of receipt in the Office, not the postmarked date.  To ensure your response is timely, use a certificate of mailing.  37 C.F.R. §2.197.

 

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

 

VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.

 

GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm

 

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