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  76/508736

 

Search Results

The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d).  TMEP §704.02.

 

Identification of Goods

The identification of goods is unacceptable as indefinite and overly broad because it includes indefinite wording and identifies goods that may be classified in International Classes other than 7 and 12.  TMEP §1402.01.  The applicant may adopt one or more of the following identifications, if accurate:

attachments for power operated machines, namely, grabs for excavation equipment; drilling machines and parts therefore; power operated machines and equipment for working in tunnels, namely, [indicate specific machines using their common commercial names, e.g., boring machines, etc.];  power operated casing oscillating and extracting machines for [specify field of use]; power operated machines for processing bentonite mud, namely, [indicate specific machines using their common commercial names]; rotary elevating work platforms for trucks; cranes; pumps[specify type] for concrete; injection pumps for cement; power operated turnkey machines for[specify the use and field of use]; power operated machines for the prefabrication of concrete products such as wells, pipes, piles, pilots for foundations, railway cross-bars and containers for toxic, noxious and radioactive materials, namely, [indicate specific machines using their common commercial names, e.g., mixers, etc.] in Class 7;

land vehicles, namely, [indicate common commercial names] on tracks or rubber for drilling and for working in tunnels in Class 12;

modular, sectional, self-lifting floating pontoons, namely, non-metal floating docks in Class 19.

modular, sectional, self-lifting floating pontoons, namely, metal floating docks in Class 6.

For assistance regarding an acceptable listing of goods and/or services, please see the on‑line searchable Manual of Acceptable Identifications of Goods and Services, at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/.

Proper identification  and classification is required.  37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§1401.02(a), 1401.03(b) and 1402.11

 

Scope

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.

 

Combined Applications

If the applicant prosecutes this application as more than a 2 class application, the applicant must comply with each of the following.

 

(1)  The applicant must list the goods by international class with the classes listed in ascending numerical order.  TMEP §1403.01.

 

(2)     The applicant must submit a filing fee for each international class of goods not covered by the fee already paid.  37 C.F.R. §§2.6(a)(1) and 2.86(a); TMEP §§810.01 and 1403.01.  Effective January 1, 2003, the fee for filing a trademark application is $335 for each class.  This applies to classes added to pending applications as well as to new applications filed on or after that date.  

 

Request for Information

To aid in the examination of this application, applicant must submit any informative literature regarding the goods, for which applicant has asserted a bona fide intent to use the mark.  37 C.F.R.  Section 2.61(b); TMEP section 814.  If none are available applicant must so state for the record.

 

Translation

The applicant must submit an English translation of the mark.   See dictionary attachment in this regard.  37 C.F.R. §2.61(b); TMEP §809.

 

Option to Delete Basis

If applicant wishes to proceed relying on the applicant’s intent to use the mark in commerce under Trademark Act Section 1(b) as the sole basis for registration, with the claim of priority under Section 44(d), then applicant should so advise the trademark examining attorney.  TMEP §§806.02(f) and 806.04(b).  If applicant chooses to do so, this Office will approve the mark for publication without waiting for applicant to submit a copy of the foreign registration, once all other outstanding issues are resolved.  Moreover, while the application may be approved for publication, the mark will not register until after an acceptable allegation of use has been filed.

 

If applicant does not indicate otherwise, this Office will presume that applicant wishes to rely on the foreign registration as an additional basis for registration and will require applicant to submit the copy of the foreign registration and, if appropriate, an English translation signed by the translator.  TMEP §§1004.01 and 1004.01(b).

 

Fee increase effective January 1, 2003

Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class.  The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00. 

 

Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.

 

 

 

 

 

 

/Fred Mandir/

Examining Attorney

Law Office 105

(703) 308-9105 ext. 151

(703) 872-9825 (fax)

ecom105@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.