| To: | FASINTERNATIONAL S.r.l. (DHuff@Dykema.com) |
| Subject: | TRADEMARK APPLICATION NO. 76460032 - VALIFAST - 066821-0009 |
| Sent: | 7/9/2007 11:57:18 PM |
| Sent As: | ECOM103@USPTO.GOV |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/460032
MARK: VALIFAST
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CORRESPONDENT ADDRESS: |
RESPOND TO THIS ACTION: http://www.gov.uspto.report/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: FASINTERNATIONAL S.r.l.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.
ISSUE/MAILING DATE: 7/9/2007
This letter responds to applicant’s communication submitted on June 11, 2007. The amended recitation of services and identification of goods are acknowledged and made of record. The applicant is advised as follows.
The identification of goods is unacceptable as indefinite. TMEP §1402.01. This requirement is made FINAL. The applicant may adopt the following identification:
In Class 9: SENSOR CALIBRATION EQUIPMENTS COMPRISING [SPECIFY THE PARTS]; THERMAL VALIDATION EQUIPMENTS COMPRISING [SPECIFY THE PARTS]; ELECTRIC, ELECTRONICAL AND THERMIC TESTING MACHINES, COMPUTER MONITORS, BLANK MAGNETIC DATA CARRIERS AND RECORDING DISCS; APPARATUS FOR THE RECORDING, TRANSMISSION OR REPRODUCTION OF SOUND OR IMAGES, NAMELY, DATALOGGER, DATA-ACQUISITION SYSTEM comprising [list the parts the make up the system] AND SOFTWARE; AND THERMAL VALIDATION REPORTING SOFTWARE;
In the identification of goods, applicant must use the common commercial or generic names for the goods, be as complete and specific as possible, and avoid the use of indefinite words and phrases. If applicant uses indefinite words such as “accessories,” “components,” “devices,” “equipment,” “materials,” “parts,” “systems” or “products,” such words must be followed by “namely,” followed by a list of the specific goods identified by their common commercial or generic names. TMEP §§1402.01 and 1402.03(a).
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 37: REPAIR AND INSTALLATION OF SENSOR CALIBRATION, THERMAL VALIDATION, MONITORS, ELECTRIC, ELECTRONICAL, THERMIC TESTING MACHINES;
In Class 40: CUSTOM MANUFACTURE OF SENSOR CALIBRATION, THERMAL VALIDATION, MONITORS, ELECTRIC AND ELECTRONICAL AND THERMIC TESTING MACHINES;
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 or services that are not within the scope of the goods and services recited in the present identification.
If applicant prosecutes this application as a combined, or multiple-class application, applicant must comply with each of the following for those goods and/or services based on a foreign registration under Trademark Act Section 44(e):
(1) Applicant must list the goods and/or services by international class with the classes listed in ascending numerical order; and
(2) Applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid (current fee information should be confirmed at http://www.uspto.gov).
37 C.F.R. §2.86(a)(2); TMEP §§810 and 1403.01.
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: APPARATUS FOR THE RECORDING, TRANSMISSION OR REPRODUCTION OF SOUND OR IMAGES, NAMELY, DATALOGGER, DATA-ACQUISITION SYSTEM AND SOFTWARE; REPAIR AND INSTALLATION OF SENSOR CALIBRATION, THERMAL VALIDATION, MONITORS, ELECTRIC, ELECTRONICAL, THERMIC TESTING MACHINES; The application will then proceed with following goods and/or services only: SENSOR CALIBRATION EQUIPMENTS; THERMAL VALIDATION EQUIPMENTS; ELECTRIC, ELECTRONICAL AND THERMIC TESTING MACHINES, COMPUTER MONITORS, BLANK MAGNETIC DATA CARRIERS AND RECORDING DISCS; CUSTOM MANUFACTURE OF SENSOR CALIBRATION, THERMAL VALIDATION, MONITORS, ELECTRIC AND ELECTRONICAL AND THERMIC TESTING MACHINES; INDUSTRIAL ANALYSIS AND RESEARCH SERVICES IN THE FIELD OF THERMAL VALIDATION PROCESSES; 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).
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
RESPOND TO THIS ACTION: If there are any questions about the Office action, please contact the assigned examining attorney. A response to this Office Action should be filed using the Office’s Response to Office action form available at http://www.gov.uspto.report/teas/eTEASpageD.htm. If notification of this Office action was received via e-mail, no response using this form may be filed for 72 hours after receipt of the notification. Do not attempt to respond by e-mail as the USPTO does not accept e-mailed responses.
If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.
STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.