Priority Action

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

PRIORITY ACTION

 

OFFICE SEARCH:  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. Section 1052(d).  TMEP section 704.02. 

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.  This case will be given priority as an amended case if you respond to the requirements stated below within two months.

 

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

 

Serial Number  76/491075

 

Identification of Goods Requirement

The identification of goods is unacceptable as indefinite.  The applicant must amend the identification to specify the common commercial name of the goods.  If there is no common commercial name, the applicant must describe the product and its intended uses.  TMEP section 804.  The goods listed in International Class 12 include goods properly classified in International Class 9.  The services listed in International Class 37 are acceptable as written.

 

The applicant may adopt the following identification, if accurate: 

 

UNMANNED AERIAL VEHICLE (UAV)COMPONENTS, NAMELY, SENSORS, DOWNSIZED, PORTABLE, PASSIVE AND ACTIVE REMOTE GROUND CONTROL TERMINALS; DATA LINKS COMPRISED OF GROUND CONTROL TERMINALS AND AIRBORNE DATA TERMINALS THAT ALLOW THE UAV TO BE CONTROLLED BY THE GROUND OPERATORS AND FURTHER ALLOW DATA TO BE TRANSMITTED FROM THE UAV TO THE GROUND OPERATORS; AND TRAINING SIMULATORS, NAMELY, ONE SYSTEM INTEGRATING SOFTWARE INTERFACE AND HARDWARE COMPONENTS TO SIMULATE UAV IN  INTERNATIONAL CLASS 9; AND/OR

 

UNMANNED AERIAL VEHICLES (UAV); UAV SYSTEMS COMPOSED OF UAVs AND COMPONENT PARTS, NAMELY, SENSORS, DOWNSIZED, PORTABLE, PASSIVE AND ACTIVE REMOTE GROUND CONTROL TERMINALS, DATA LINKS COMPRISED OF GROUND CONTROL TERMINALS AND AIRBORNE DATA TERMINALS THAT ALLOW THE UAV TO BE CONTROLLED BY THE GROUND OPERATORS AND FURTHER ALLOW DATA TO BE TRANSMITTED FROM THE UAV TO THE GROUND OPERATORS IN INTERNATIONAL CLASS 12.

 

The examining attorney has merely removed the unacceptable identification from the identification in International Class 12.  If the suggested identifications are not accurate, please refer to the Acceptable Identification of Goods and Services Manual found at www.uspto.gov for additional listings of goods and services.  If the applicant needs further assistance with acceptable wording, please contact the examining attorney.

 

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 804.09.  Therefore, the applicant may not amend to include any goods or services that are not within the scope of goods or services set forth in the present identification.

 

Foreign Registration

Applicant must either (1) amend the identification of goods and/or services in the application to correspond to the goods and/or services identified in the foreign certificate of registration, or (2) delete the Section 44 basis for the goods and/or services beyond the scope of the foreign registration and rely solely on the 1(b) basis for those goods and/or services.  15 U.S.C. §1051(b); 37 C.F.R. §§2.32(a)(6) and 2.34(b); TMEP §§806.02 et seq., 1012 and 1402.01(b); see Marmark Ltd. v. Nutrexpa S.A., 12 USPQ2d 1843 (TTAB 1989); In re Lowenbrau München, 175 USPQ 178 (TTAB 1972). 

 

The identification of goods and/or services in the application for the Section 44 basis is not acceptable because it designates goods and/or services that are broader in scope than the identification set forth in the foreign registration.  37 C.F.R. §2.32(a)(6).

 

The identifications in International Classes 9 and 37 exceed the scope of the identification in the foreign registration.  If applicant chooses to amend the identification of goods and/or services in the application to correspond to the foreign registration, then these goods and/or services must be deleted.

 

 

NOTICE:  FEE CHANGE   

 

Effective January 31, 2005 and pursuant to the Consolidated Appropriations Act, 2005, Pub. L. 108-447, the following are the fees that will be charged for filing a trademark application:

 

(1) $325 per international class if filed electronically using the Trademark Electronic Application System (TEAS); or 

 

(2)   $375 per international class if filed on paper

 

These fees will be charged not only when a new application is filed, but also when payments are made to add classes to an existing application. If such payments are submitted with a TEAS response, the fee will be  $325 per class, and if such payments are made with a paper response, the fee will be $375 per class.

 

The new fee requirements will apply to any fees filed on or after January 31, 2005.

 

NOTICE:  TRADEMARK OPERATION RELOCATION

 

The Trademark Operation has relocated to Alexandria, Virginia.  Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:

 

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA  22313-1451

 

Applicants, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at http://www.gov.uspto.report/teas/index.html.

 

If the applicant has any questions or needs assistance in responding to this office action, please contact the examining attorney.

 

 

 

/Dawn Feldman Lehker/

Trademark Examining Attorney

(571)272-9381

F(571)273-9381

 

 

 

How to respond to this Office Action:

 

You may respond formally using the Office's Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://eteas.gov.uspto.report/V2.0/oa242/WIZARD.htm and follow the instructions therein, but you must wait until at least 72 hours after receipt if the office action issued via e-mail).  PLEASE NOTE: Responses to Office Actions on applications filed under the Madrid Protocol (Section 66(a)) CANNOT currently be filed via TEAS.

 

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