To: | BALTIMORE AIRCOIL COMPANY, INC. (ebrosius@amsted.com) |
Subject: | TRADEMARK APPLICATION NO. 76674708 - BRANCHLOK - N/A |
Sent: | 5/16/2007 9:46:36 AM |
Sent As: | ECOM111@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/674708
APPLICANT: BALTIMORE AIRCOIL COMPANY, INC.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: BRANCHLOK
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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.
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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 76/674708
The assigned examining attorney has reviewed the referenced application and determined the following.
Identification
The wording “water distribution systems used in cooling towers and heat exchangers” in the identification of goods is unacceptable as indefinite because it is not sufficiently precise. Applicant must indicate the components of the system and what it is used for. Are the cooling towers and heat exchangers for commercial buildings or the inner workings of a larger machine? Applicant may adopt the following identification of goods and/or services, if accurate: WATER DISTRIBUTION SYSTEMS COMPRISED OF [state components] FOR USE IN COOLING TOWERS AND HEAT EXCHANGERS FOR COMMERCIAL BUILDINGS in International Class 11. TMEP §1402.01, if accurate. TMEP §1402.11.
The applicant is encouraged to visit the Patent and Trademark Office’s web site at http://tess2.gov.uspto.report/netahtml/tidm.html. to find examples of acceptable identifications of goods and services. The applicant is encouraged to use the precise wording from recent registrations in amending the identification to items not found in the Manual of Acceptable Identifications.
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.
Request For Information
The applicant should provide the following information to permit the examining attorney to reach an informed final determination concerning the proposed mark: Applicant must provide its website address. The applicant should also provide any available advertising, promotional or explanatory material concerning the goods and/or services. If no such explanatory or promotional material is available, the applicant should provide the information for competitors’ goods and/or services. The applicant may also furnish any other evidence the applicant considers relevant to the registrability of the proposed mark. In re Teledyne Industries, Inc., 696 F.2d 968, 217 USPQ 9 (Fed. Cir. 1982); 37 C.F.R. Section 2.61(b). TMEP §§814 and 1402.01(d).
Note that the above information request and factual inquiries form an important part of this Office action. An applicant may not rely upon its own failure to provide information legitimately sought by the Office in claiming that its mark is registrable. See In re Page, 51 USPQ2d 1660 (TTAB 1999). Therefore, should applicant wish to pursue this application further by responding to this Office action, any failure to address the above information request and inquiries will be considered grounds for abandonment for failure to file a complete response. See 37 C.F.R. Section 2.65(a).
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.
No set form is required for response to this Office action. The applicant must respond to each point raised. The applicant should simply set forth the required changes or statements and request that the Office enter them. The applicant must sign the response. In addition to the identifying information required at the beginning of this letter, the applicant should provide a telephone number to speed up further processing. If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
Applicant may wish to hire a specialist attorney to assist in prosecuting this application because of the technicalities involved. The Office cannot aid in the selection of a trademark attorney. 37 C.F.R. §2.11.
USPTO
/Tracy Whittaker-Brown/
Examining Attorney, Law Office 111
U.S. Patent & Trademark Office
Phone: 571-272-9397
Fax: 571-273-9111
NOTICE OF NEW PROCEDURE FOR E-MAILED OFFICE ACTIONS: In late spring 2007, for any applicant who authorizes e-mail communication with the USPTO, the USPTO will no longer directly e-mail the actual Office action to the applicant. Instead, upon issuance of an Office action, the USPTO will e-mail the applicant a notice with a link/web address to access the Office action using Trademark Document Retrieval (TDR), which is located on the USPTO website at http://portal.gov.uspto.report/external/portal/tow. The Office action will not be attached to the e-mail notice. Upon receipt of the notice, the applicant can then view and print the actual Office action and any evidentiary attachments using the provided link/web address. TDR is available 24 hours a day, seven days a week, including holidays and weekends. This new process is intended to eliminate problems associated with e-mailed Office actions that contain numerous attachments.
HOW TO RESPOND TO THIS OFFICE ACTION:
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.