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:

 

THIS IS A FINAL ACTION.

 

This letter responds to applicant’s communication filed on June 15, 2007

 

Based on the foregoing, the following requirements are now made FINAL:  (1) Identification of Goods.

 

The amendment to Section 44(e) and deletion of the 1(b) Basis is accepted by the Examining Attorney.

 

Identification of Goods

 

In the initial Office Action, the examining attorney required the applicant to amend the Identification of Goods.  The applicant amended the Identification to the following:

 

Class 009:  Farm automation systems comprising electronic identification tags for attachment to farm animals, electronic identification tag readers, in bail identification, walk-over weighers, automated heat detection units, heat detection cameras, video monitors, touch screens, and animal management software; automatic drafting gates; computer software and hardware for management of farm automation systems; and spare parts arid fittings for the same

 

The current wording used to describe the goods needs clarification because of the following:

 

“In bail identification,” is indefinite as applicant must specify the type or medium of the identification.  Applicant may amend to “in bail radio frequency identification tags,” if accurate.

 

“Walk over weighers,” is indefinite as applicant must specify the type of weighing device.  Applicant may amend to “walk over weighing scales and balances,” if accurate.

 

Applicant may adopt the following identification of goods, if accurate:  TMEP §1402.01.

 

Class 009:  Farm automation systems comprising electronic identification tags for attachment to farm animals, electronic identification tag readers, in bail radio frequency identification tags, walk over weighing scales and balances, automated heat detection units, heat detection cameras, video monitors, touch screens, and animal management software; automatic drafting gates; computer software and hardware for management of farm automation systems and replacement parts therefor

 

Please note that, while the identification of goods and/or services may be amended to clarify or limit the goods and/or services, adding to the goods and/or services or broadening the scope of the goods and/or services is not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  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.

 

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.

 

 

Based on the foregoing, the Unacceptable Identification of Goods requirement is made FINAL.

Response Guidelines

 

If applicant fails to respond to this final action within six months of the mailing date, the application will be abandoned.  15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).  Applicant may respond to this final action by: 

 

(1)   submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); and/or

 

(2)   filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class (37 C.F.R. §§2.6(a)(18) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).

 

In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2).  37 C.F.R. §2.64(a).  See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matters.  The petition fee is $100.  37 C.F.R. §2.6(a)(15).

 

 

/Kapil K. Bhanot/

Trademark Examining Attorney

Law Office 108

Phone - (571) 270-1516

Fax No. (571) 270-2516

 

 

RESPOND TO THIS ACTION: If there are any questions about the Office action, please contact the assigned examining attorney. A response to this Office Action should be filed using the Office’s Response to Office action form available at http://www.gov.uspto.report/teas/eTEASpageD.htm.  If notification of this Office action was received via e-mail, no response using this form may be filed for 72 hours after receipt of the notification.  Do not attempt to respond by e-mail as 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.