UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

EXAMINER’S AMENDMENT/PRIORITY 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:

 

EXAMINER'S AMENDMENT

 

OFFICE SEARCH:  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. Section 1052(d).  TMEP section 704.02.   

 

AMENDMENT: In accordance with the authorization granted by RUSSELL H. WALKER on August 27, 2007, the application has been AMENDED as indicated below.  Please advise the undersigned immediately if there is an objection to the amendment.   

 

If the identification of goods or services has been amended, please note that any future amendments must be in accordance with 37 C.F.R. 2.71(a); TMEP section 1402.07(e). 

 

Claim of Ownership

 

The following claim of ownership is added to the record:

 

            Applicant is the owner of U.S. Registration Nos. 0887106 and 2121046.

 

37 C.F.R. §2.36; TMEP §812.

 

PRIORITY ACTION

 

The application will be given priority as an amended application if a response to the requirements stated below is received within two months of the issue/mailing date.

 

The following issues were discussed in communication with RUSSELL H. WALKER on August 27, 2007.

 

Identification of Goods

 

The identification of goods needs clarification because it is indefinite.  Specifically the wording “lift trucks and parts therefore” requires further clarification. Applicant must specify that the trucks are “fork lift trucks” and that the parts are “structural parts”.  Otherwise applicant must specify the “parts” and put them in their proper classes.  TMEP § 1402.01.  Applicant may adopt the following identification, if accurate:

 

Material handling equipment, namely, fork lift trucks and structural parts therefore

 

In the identification, applicant must use the common commercial names for the goods, be as complete and specific as possible and avoid the use of indefinite words and phrases.  If applicant chooses to use indefinite terms, such as "accessories," "components," "devices," "equipment," "materials," "parts," "systems" and "products," then those words must be followed by the word "namely" and the goods listed by their common commercial names or generic names.  TMEP §§1402.01 and 1402.03(a).

 

For assistance with identifying 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 an application may be amended to clarify or limit the identification, additions to the identification are not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, the applicant may not amend to include any goods or services that are not within the scope of the goods and services recited in the present identification.

 

Response

 

To expedite prosecution of this application, applicant is encouraged to file its response to this Office action through the Trademark Electronic Application System (TEAS), available at http://www.gov.uspto.report/teas/index.html.

 

If applicant has particular questions regarding any of the issues set forth in this Office action, applicant may telephone the assigned trademark examining attorney.

 

 

 

/Blake Lovelace/

James B. Lovelace

Trademark Examining Attorney

Law Office 117

P: 571.270.1533

F: 571.270.2533

 

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.