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. 

 

MAILING/E-MAILING DATE INFORMATION:  If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.

 

Serial Number  76/643455

 

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

 

Search Results

 

The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d).  TMEP §704.02.

 

Entity Type

 

Applicant’s entity type requires clarification.  In the “Applicant’s Entity Type” section of the application, applicant identifies itself as a LIMITED COMPANY organized under the laws of the State of Texas, which is not an acceptable designation because a “limited company” is not a type of domestic legal entity.

 

Applicant must specify the type of entity applying, e.g., a corporation, an unincorporated association, a partnership or a joint venture.  In addition, applicant must specify the U.S. state under which it is organized or, if a foreign entity, the country in which it is organized.  37 C.F.R. §2.32(a)(3); TMEP §§803.03 et seq.

 

Identification of Goods

 

The wording “Emergency shut-down device for pipelines, Industrial facilities, power plants and oil and gas installations including inflatable and mechanical emergency shut-down devices; Automatic shut-down devices for fluid and gas flow in conduits; Mechanical devices used to close tubular members positioned subsurface and above surface,” in the identification of goods needs clarification because it is too broad and could include goods classified in other international classes.  TMEP §§1402.01 and 1402.03.  

 

The identification of goods must be specific and all-inclusive.  Applicant should amend the identification to replace this wording with "namely."  Please note that applicant may amend the identification to list only those items that are within the scope of the goods set forth in the application.  37 C.F.R. §2.71(a); TMEP §§1402.01 and 1402.03(a).

 

Applicant must clarify the identification of goods to specify the common commercial or generic name for the goods.  If there is no common commercial or generic name, then applicant must describe the product and intended consumer as well as its main purpose and intended uses.  TMEP § 1402.01.

 

Applicant may adopt the following identification of goods, if accurate: 

 

Emergency shut down device for pipelines, industrial facilities, power plants and oil and gas installations, namely, {specify purpose or type, e.g. pump control valves}, in International Class 007.

 

Automatic shut-down devices for fluid and gas flow in conduits, namely, {specify purpose or type, e.g. automatic nozzles, electronic valves for controlling gas or fluids}; Mechanical devices used to close tubular members positioned subsurface and above surface, namely, {specify purpose and type, e.g. automatic valves}, in International Class 009.

 

TMEP §1402.01.

 

If applicant adopts the suggested amendment of the goods and/or services, then applicant must amend the classification to International Classes 007 and 009.  37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§805 and 1401 et seq.

                       

For assistance with identifying and classifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html.

 

Please note that, while the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening the scope of the goods is not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.

 

Multiple-Class Application

 

If applicant prosecutes this application as a multiple-class application, then applicant must comply with each of the following for those goods and/or services based on an intent to use the mark in commerce under Trademark Act Section 1(b):

 

(1)   Applicant must list the goods and/or services by international class with the classes listed in ascending numerical order.  TMEP § 1403.01; and

 

(2)   Applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid (current fee information should be confirmed at http://www.uspto.gov).  37 C.F.R. §2.86(a)(2); TMEP §§810 and 1403.01.

 

 

Significance or Translation of Wording

 

Applicant must specify whether the wording “BLOVENTOR” has any significance in the applicant’s trade or industry or as applied to the goods/services described in the application. 37 C.F.R. §2.61(b). 

If the mark has meaning in a foreign language, applicant must submit an English translation of the mark.  37 C.F.R. §2.61(b); TMEP §809. 

 

/Saima Makhdoom/

Attorney

U.S. Patent and Trademark Office

Telephone:  (571) 272-8802

Facsimile:  (571) 273-8802

Saima.Makhdoom@uspto.gov

 

 

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.