Offc Action Outgoing

REMOTE DYNAMICS TELEMATICS DEFINED

Telogis, Inc.

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

 

    SERIAL NO: 76/607574

 

    APPLICANT:                          Remote Dynamics, Inc.

 

 

        

*76607574*

    CORRESPONDENT ADDRESS:

    STEPHEN L. SAPP

    LOCKE LIDDELL & SAPP LLP

    ROSS

    2200 ROSS AVE STE 2200

    DALLAS TX 75201-6776

RETURN ADDRESS: 

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA 22313-1451

 

 

 

 

    MARK:          REMOTE DYNAMICS TELEMATICS DEFINED

 

 

 

    CORRESPONDENT’S REFERENCE/DOCKET NO:   62840-00020-

 

    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  76/607574

 

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

 

Disclaimer Required

The applicant must disclaim the descriptive wording “TELEMATICS” apart from the mark as shown. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.03(a).  The wording is merely descriptive because readily defines the purpose of the services.  See definition below.

 

Definitions of Telematics on the Web:

The integration of wireless communications, vehicle monitoring systems and location devices. (Back to top.)
www.roadtripamerica.com/dashboarding/glossary.htm

Telematics is a wireless communications system designed for the collection and dissemination of data. Applications include vehicle-based electronic systems, mobile telephony, vehicle tracking and positioning, on-line navigation and information services and emergency assistance. Static applications include stock control (automatic ordering), and monitoring of utilities meters.
www.gsmworld.com/technology/glossary.shtml

The integration of wireless communications, vehicle monitoring systems and location devices.
www.rpi.edu/~shaha/honsem/glossary.htm

Telematics can be defined as a combination of wireless voice and data communication systems aimed at providing drivers with safety and information including automatic airbag deployment notification, vehicle tracking, personalized information, real-time traffic data, emergency aid, and entertainment from a central service center. Innovative features include Internet access, voice activation, and the ability to control the car audio and climate control. Telematics control unit (TCU) The embedded vehicle control unit that communicates with the automobile controls, GPS satellite, and customer service center to provide telematics features to a driver.
www.altera.com/solutions/auto/glossary/aut-glossary.html

A compound noun combining the words 'Tele' (meaning far) and 'matics' most probably from informatics. The application of information and communications technologies and services, usually in direct combination. A Telematics Application is a system or service meeting user needs (i.e. Telematics Applications within the 4th Framework Programme).
www.cordis.lu/ist/rn/glossary.htm

is the use of telecommunication in conjunction with informatics, e.g. the passing of information from one computer to another via a telephone line or other electronic link. The basic promises of telematics are obvious: by giving access to any form of knowledge anywhere, it speeds up the diffusion of information, saves time, increases collaboration between individuals and groups, and improves the quality of decisions.
www.ehto.org/ikb/standards/centc251/directory/directory_13.html

a general term referring to emerging technologies in automotive communications, combining wireless voice and data capability for management information and safety applications.
www.fleetboss.com/2002/glossary.asp

 

The computerized printing format for the Trademark Official Gazette requires a standard form for a disclaimer.   TMEP §1213.08(a)(i).  A properly worded disclaimer should read as follows:

 

No claim is made to the exclusive right to use TELEMATICS apart from the mark as shown.

 

See In re Owatonna Tool Co., 231 USPQ 493 (Comm’r Pats. 1983).

 

Search Results

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. §1052(d).  TMEP §704.02.

 

Response Advisory

The applicant may telephone the examining attorney, instead of submitting a written response, to expedite the application.

 

 

 

 

NOTICE:  FEE CHANGE   

 

Effective January 31, 2005 and pursuant to the Consolidated Appropriations Act, 2005, Pub. L. 108-447, the following are the fees that will be charged for filing a trademark application:

 

(1) $325 per international class if filed electronically using the Trademark Electronic Application System (TEAS); or 

 

(2)   $375 per international class if filed on paper

 

These fees will be charged not only when a new application is filed, but also when payments are made to add classes to an existing application. If such payments are submitted with a TEAS response, the fee will be  $325 per class, and if such payments are made with a paper response, the fee will be $375 per class.

 

The new fee requirements will apply to any fees filed on or after January 31, 2005.

 

NOTICE:  TRADEMARK OPERATION RELOCATION

 

The Trademark Operation has relocated to Alexandria, Virginia.  Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:

 

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA  22313-1451

 

Applicants, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at http://www.gov.uspto.report/teas/index.html.

 

 

Wm. Patrick Shanahan

Law Office 116

(571) 272-9216

 

 

How to respond to this Office Action:

 

You may respond formally using the Office's Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://eteas.gov.uspto.report/V2.0/oa242/WIZARD.htm and follow the instructions therein, but you must wait until at least 72 hours after receipt if the office action issued via e-mail).  PLEASE NOTE: Responses to Office Actions on applications filed under the Madrid Protocol (Section 66(a)) CANNOT currently be filed via TEAS.

 

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.

 


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