UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/542069
APPLICANT: Remote Solutions, L.L.C.
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CORRESPONDENT ADDRESS: ANTONIO R. DURANDO DURANDO BIRDWELL & JANKE, P.L.C. 2929 E. BROADWAY BLVD. TUCSON, AZ 85716
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: REMOTE RACKING SYSTEMS SAFE RACK
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CORRESPONDENT’S REFERENCE/DOCKET NO: 6202.005
CORRESPONDENT EMAIL ADDRESS:
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Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 76/542069
The wrong office action was previously sent to the applicant. Please ignore the previous office action. This is the correct action:
The assigned examining attorney has reviewed the referenced application and determined the following:
The identification of goods is unacceptable as indefinite because “related components” is too broad. TMEP §1402.01. The applicant may adopt the following identification, if accurate:
Remote racking motors and related components, namely, [indicate other components by common commercial name], for engaging and disengaging electrical power circuit breakers. International Class 7.
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.
The applicant must insert a disclaimer of the wording REMOTE RACKING SYSTEMS and RACK in the application. Trademark Act Section 6, 15 U.S.C. Section 1056; TMEP section 1213. The wording is merely descriptive because it describes a feature and type of the goods offered by the applicant.
The computerized printing format for the Trademark Official Gazette requires a standard form for a disclaimer. TMEP section 1213.08(a)(i). A properly worded disclaimer should read as follows:
No claim is made to the exclusive right to use REMOTE RACKING SYSTEMS and RACK apart from the mark as shown.
See In re Owatonna Tool Co., 231 USPQ 493 (Comm'r Pats. 1983).
The applicant must submit a concise description of the mark. 37 C.F.R. Section 2.37; TMEP section 808 et seq. The statement may be in the following form:
The mark consists of _______________.
NO SIMILAR MARKS FOUND
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 1105.01.
NOTICE - INCREASE IN TRADEMARK FILING FEE
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 accept 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.
A Final Rule amending the Rules of Practice in Trademark Cases to provide for this fee increase was published in the Federal Register on November 27, 2002 (67 Fed. Reg. 70,847 (2002)).
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Dezmona J. Mizelle-Howard/
Dezmona J. Mizelle-Howard
Trademark Attorney
Law Office 110
703.308.9110, ext. 259
703.746.6203 [Fax]
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 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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.