Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.

 

ISSUE/MAILING DATE: 2/24/2010

 

 

STATUS OF APPLICATION

The herein application was withdrawn from  Publication because it was determined that the identification of goods is unacceptable. Examining attorney apologizes for any inconvenience this action may have caused.   Applicant must respond to all issues raised in this Office action within six (6) months of the mailing date of this Office action.  If applicant does not respond within this time limit, the application will be abandoned.  Thus, the refusal for registration is maintained and continued for the below reason(s).

 

REQUIREMENT

IDENTIFICATION OF GOODS IS INDEFINITE AND REQUIRES CLARIFICATION:

The identification of goods needs clarification because the wording "intelligent drives" in Class 9 is indefinite.  Specifically, applicant must clarify whether these are machines in Class 7 or some sort of electronic component in Class 9 (in which case it must be clarified further).  See TMEP §§1402.01, 1402.03.

 

Applicant must clarify the identification of goods, and may adopt the following suggestion:

 

CLASS 7

“AC and DC motor drive units for uncoilers, recoilers, temper mills, slitters, edge trimmers, straighteners, tension levelers, looping pits, press feeders, shears, rotary cutoffs, flying cutoffs, blanking presses, scrap conveyors, and stackers used in the metal processing industry; AC and DC motor drive units for press drives, destackers, transfer press feeds, crossbar presses, tandem press loaders/unloaders, press shuffles, part conveyors, part stackers, and scrap conveyors used in the metal forming industry; AC and DC motor drive units for unwinders, slitters, scorers, embossers, perforators, rotary knives, shears, sheeters, die cutters, conveyors, stackers, and printing presses used in the corrugated, pulp and paper, packaging, printing, and other paper converting industries; AC and DC motor drive units for drill rig centrifuges, mud pumps, draw works, top drives, sucker-rod pumps, progressing cavity pumps, electric submersible pumps, injection pumps, and compressors used in connection with the exploration and production of oil and gas; AC and DC motor drive units for high-performance test stand control systems used in connection with the development, endurance, and production testing of complete vehicles, diesel engines, automotive engines, electric vehicles, race cars, transmissions, axles, hydraulic pumps, engine accessories, and aerospace testing; AC and DC motor drives for the crane industry, namely, gantry, steel mill, portal, or offshore applications; AC and DC motor drive units for elevators, chiller pumps, ventilation fans, and air-handling units used in connection with building automation; intelligent drives {applicant must specify further nature of the goods if this is some type of machinery} for single-to-three-phase conversion or multipump applications.”

 

CLASS 9

“Process control systems comprising data analysis software and sensor hardware used for controlling machines in the metal processing and metal forming industries, AC and DC motor drive controllers for uncoilers, recoilers, temper mills, slitters, edge trimmers, straighteners, tension levelers, looping pits, press feeders, shears, rotary cutoffs, flying cutoffs, blanking presses, scrap conveyors, and stackers used in the metal processing industry; drive controllers for press drives, destackers, transfer press feeds, crossbar presses, tandem press loaders/unloaders, press shuttles, part conveyors, part stackers, and scrap conveyors used in the metal forming industry; process control systems data analysis software and sensor hardware used for controlling machines in the corrugated, pulp and paper, packaging, printing, and other paper converting industries, AC and DC motor drive controllers for unwinders, slitters, scorers, embossers, perforators, rotary knives, shears, sheeters, die cutters, conveyors, stackers, and printing presses used in the corrugated, pulp and paper, packaging, printing, and other paper converting industries; process control systems comprising data analysis software and sensor hardware used for controlling machines metal forming industry AC and DC motor drive controllers for drill rig centrifuges, mud pumps, draw works, top drives, sucker-rod pumps, progressing cavity pumps, electric submersible pumps, injection pumps, and compressors used in connection with the exploration and production of oil and gas; process control systems comprising data analysis software and sensor hardware used in connection with high-performance test stand control systems, AC and DC motor drive controllers for high-performance test stand control systems used in connection with the development, endurance, and production testing of complete vehicles, diesel engines, automotive engines, electric vehicles, race cars, transmissions, axles, hydraulic pumps, engine accessories, and aerospace testing; intelligent drives for use in connection with center pivots, lift stations, relay pumps, and turbine pumps for optimizing pumping applications for the waste water and agricultural markets; intelligent drives {applicant must specify further nature of the goods in particular if it is some type of electrical component} for single-to-three-phase conversion or multipump applications; AC and DC motor control systems and solutions comprising data analysis software and sensor hardware for the crane industry, namely, gantry, steel mill, portal, or offshore applications.”

 

See TMEP §1402.01.

 

Although identifications of goods and/or services may be amended to clarify or limit the goods and/or services, adding to or broadening the scope of the goods and/or services is not permitted.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07.  Therefore, applicant may not amend the identification to include goods and/or services that are not within the scope of the goods and/or services set forth in the present identification.

 

 

Periodically the Office revises its international classification system and the policy regarding acceptable identifications of goods and services.  Identifications are examined in accordance with Rules of Practice and Office policies and procedures in effect on the application filing date.  TMEP §1402.14.  However, an applicant may voluntarily choose to follow policies and procedures adopted after the application was filed. 

 

Descriptions of goods and/or services found in earlier-filed applications and registrations are not necessarily considered acceptable identifications when a later-filed application is examined.  See TMEP §§702.03(a)(iv), 1402.14.

 

For guidance on writing identifications of goods and/or services, please use the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html, which is continually updated in accordance with prevailing rules and policies.  See TMEP §1402.04.

 

 

 

 

 

 

/Darryl M. Spruill/

Trademark Attorney

Law Office 112

(571) 272-9418 (office)

(571) 273-9418 (fax)

darryl.spruill@uspto.gov

 

 

RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.gov.uspto.report/teas/eTEASpageD.htm, waiting 48-72 hours if applicant received notification of the Office action via e-mail.  For technical assistance with the form, please e-mail TEAS@uspto.gov.  For questions about the Office action itself, please contact the assigned examining attorney.  Do not respond to this Office action by e-mail; the USPTO does not accept e-mailed responses.

 

If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response.  Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.

 

STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov.  When conducting an online status check, print and maintain a copy of the complete TARR screen.  If the status of your application has not changed for more than six months, please contact the assigned examining attorney.

 

 

 

 

 

                                                                

IMPORTANT NOTICE REGARDING YOUR TRADEMARK APPLICATION

 

Your trademark application (Serial No. 76621640) has been reviewed.   The examining attorney assigned by the United States Patent and Trademark Office (“USPTO”) has written a letter (an “Office action”) on 2/24/2010 to which you must respond (unless the Office letter specifically states that no response is required).  Please follow these steps:

 

1. Read the Office letter by clicking on this link http://tmportal.gov.uspto.report/external/portal/tow?DDA=Y&serial_number=76621640&doc_type=OOA&mail_date=20100224 OR go to  http://tmportal.gov.uspto.report/external/portal/tow and enter your serial number to access the Office letter.  If you have difficulty accessing the Office letter, contact TDR@uspto.gov.  

                                         

PLEASE NOTE: The Office letter may not be immediately available but will be viewable within 24 hours of this e-mail notification.

 

2. Contact the examining attorney who reviewed your application if you have any questions about the content of the Office letter (contact information appears at the end thereof).

 

3. Respond within 6 months, calculated from 2/24/2010 (or sooner if specified in the Office letter), using the Trademark Electronic Application System (TEAS) Response to Office Action form. If you have difficulty using TEAS, contact TEAS@uspto.gov. 

 

ALERT:

 

Failure to file any required response by the applicable deadline will result in the ABANDONMENT (loss) of your application.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed responses.