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  76/527340

 

 

 

 

 

IDENTIFICATION OF GOODS

 

The applicant must clarify the identification of goods by adopting the following amended language, filling in details where required. There should be no parentheses in the language resubmitted by the applicant.

 

“Computer hardware and software in the nature of devices (please specify further) for use in industrial production and facility automation, residential and commercial building and vehicular automation; and computer development programs, computer hardware, communications transceivers, routers and network management software¹(please, clarify per footnote.); computer operating software and application program interfaces for residential and commercial building and vehicular automation, embedded systems networks, home automation networks, commercial automation networks, industrial automation networks, utility automation networks, vehicular automation networks; computer hardware and software for use in enterprise management, data aggregation and analysis” in class 9.  TMEP section 804.

 

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(b); TMEP section 804.09.  Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.

 

PRIOR REGISTRATIONS

 

If the applicant is the owner of Registration Nos. 1989518, the applicant must submit a claim of ownership.  37 C.F.R. Section 2.36; TMEP section 812.

 

No set form is required for response to this Office action.  The applicant must respond to each point raised.  The applicant should simply set forth the required changes or statements and request that the Office enter them.  The applicant must sign the response.  In addition to the identifying information required at the beginning of this letter, the applicant should always provide a telephone number to speed up further processing.

 

¹ This  “and” is unclear as follows. Is this a new set of goods, or is this a further  “use in” of the original software and hardware. Please telephone the examining attorney if this question is not clear. If it is a continuation, the applicant may simply change the semi-colon to a comma. If it is a new item the use must be clarified.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Linda E. B.  Mickleburgh

/lebm/

Examining Attorney

Law Office 106

703-308-9106 x222

 

 

 

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