Offc Action Outgoing

PROTEGE

Pavilion Technologies, Inc.

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/542934

APPLICANT: Pavilion Technologies, Inc.

CORRESPONDENT ADDRESS:

HEINZ D. GRETHER

HULSEY, CALKINS, FORTKORT, & WEBSTER LLP

8911 N. CAPITAL OF TEXAS HIGHWAY

SUITE 3200

AUSTIN, TEXAS 78759

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

ecom115@uspto.gov

MARK: PROTEGE

CORRESPONDENT’S REFERENCE/DOCKET NO: N/A

CORRESPONDENT EMAIL ADDRESS:

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.

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 76/542934

The assigned examining attorney has reviewed the referenced application and determined the following.

No Conflicting Marks Noted

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 704.01.

Identification of Goods

The identification of goods is unacceptable as indefinite. Applicant must more clearly specify the function of the software by explaining the wording “application and event management,” “process control,” and “environmental monitoring solutions.” The applicant may adopt the following identification, if accurate: Computer software [specify the function of the programs, e.g., for use in database management, for use in operating air conditioning systems for office buildings, etc. and, if software is content- or field-specific, the field of use, e.g., environmental monitoring], in Class 9.

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.

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

/Caroline Fong Weimer/

Examining Attorney

Law Office 115

(703) 308-9115 ext. 211

(703) 872-9875 (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 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.