UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

RESPONSE TIME LIMIT:  TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/594854

 

This letter responds to the applicant’s communication filed on June 30, 2005.  The amended identification of goods is unacceptable.  The following requirements are made FINAL.

 

Identification of Goods

Classes 17 and 35 are acceptable.  The wording in IC 9 is unacceptable because it identifies goods in multiple classes.  The applicant may adopt the following if accurate:

 

Class 9 – FUEL PUMPING, DISPENSING, AND HANDLING EQUIPMENT FOR USE IN GASOLINE SERVICE STATIONS, NAMELY, FUEL DISPENSING PUMPS, FUEL DISPENSING METERS, METERED FUEL PUMPS, FUEL PUMP SCREENS AND DISPLAYS; TOUCH SCREEN SALE TERMINALS; POINT OF SALE TERMINALS; POINT OF PURCHASE TERMINALS; COMPUTER SOFTWARE FOR THE CONTROL AND EXECUTION OF FUEL PUMPING, DISPENSING AND HANDLING EQUIPMENT, TOUCH SCREEN SALE TERMINALS, POINT OF SALE TERMINALS, POINT OF PURCHASE TERMINALS, AND VAPOR RECOVERY UNITS; SELF-SERVICE KIOSKS COMPRISED OF COMPUTER HARDWARE AND SOFTWARE FOR USE AT GASOLINE SERVICE STATIONS TO [SPECIFY PURPOSE OR FUNCTION, “USED AT GASOLINE SERVICE STATIONS” TO  DO WHAT? PAY FOR GAS? BUY LOTTO TICKETS?]

 

Class 11 - VAPOR RECOVERY UNITS COMPRISING OF NOZZLES, HOSES, CONDENSERS, PIPING, COUPLINGS, CAPS, ADAPTORS, VALVES AND VACUUM DEVICES FOR THE RECOVERY OF VAPORS RELEASED DURING VEHICLE FUELING

 

In the identification of goods, applicant must use the common commercial or generic names for the goods, be as complete and specific as possible, and avoid the use of indefinite words and phrases.  If applicant chooses to use indefinite terms such as "accessories," "components," "devices," "equipment," "materials," "parts," "systems" and "products," then such terms must be followed by the word "namely" and a list of the specific goods identified by their common commercial or generic names.  TMEP §§1402.01 and 1402.03(a).

 

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 the goods recited in the present identification.

 

Combined/Multiple Class Application

The application identifies goods and/or services that are classified in  four classes; however, the fees submitted are sufficient to cover three class(es) only. 

 

Applicant must either:  (1) restrict the application to the number of class(es) covered by the fee(s) already paid, or (2) submit the fees for the additional class(es). 

 

Applicant must list the goods and/or services by international class number in ascending numerical order.  TMEP §§801.01(b) and 1403.01.

 

If applicant submits the outstanding fees with a paper response, then applicant must submit $375 per class to cover the fees for the remaining class(es).  However, if applicant submits the fees in a response filed via the Trademark Electronic Application System (TEAS), then applicant must submit $325 per class to cover the fees for the remaining class(es).  Consolidated Appropriations Act, 2005, Pub. L. 108-447; 37 C.F.R. §2.6, 2.86(a)(2); TMEP §§810.01, 1401.04, 1401.04(b) and 1403.01.

 

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

 

 

Mrs. A.D. Saunders

/Mrs. A. D. Saunders/

Trademark Attorney

LO 108

(571) 272-9349

(571) 273-9108 (formal responses only)

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond formally using the Office’s Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://www.gov.uspto.report/teas/index.html and follow the instructions, but if the Office Action has been issued via email, you must wait 72 hours after receipt of the Office Action to respond via TEAS).
• REGULAR MAIL RESPONSE:  To respond by regular mail, your response should be sent to the mailing return address above and include the serial number, law office number and examining attorney’s name in your response.

 

STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.

 

VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.

 

GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm

 

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