UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
APPLICATION SERIAL NO. 76711848
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CORRESPONDENT ADDRESS: JAMES A. HUDAK 29425 CHAGRIN BLVD STE 304 |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: GUYAN INTERNATIONAL, INC.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH OF OFFICE RECORDS – ADVISORY
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
However, applicant must respond to the following.
IDENTIFICATION UNACCEPTABLE - REQUIREMENT
Applicant has identified the following:
hydraulic pumps and motors, hydraulic valves, reservoirs and ancillary parts, hydraulic conductors and connectors, and hydraulic filters
Unfortunately, the italicized wording above is insufficiently definite for registration purposes. See TMEP §1402.01. Applicant must clarify the particular type of hydraulic motors (e.g., hydraulic motors for machines and not for land vehicles) and parts (e.g., replacement parts for hydraulic pumps) and the particular use to which the valves, reservoirs, conductors, connectors and filters are put.
Applicant may adopt the following, if accurate
“hydraulic pumps and replacement parts therefore; hydraulic and motors for machines and not for land vehicles; hydraulic pump replacement part in the nature of hydraulic pump valves, hydraulic pump reservoirs, hydraulic pump conductors, hydraulic pump connectors, and hydraulic filters all for use with machines” in Class 007.
Identifications of goods and/or services can be amended only 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.
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. See TMEP §1402.04.
EXPLANATION OF MARK’S SIGNIFICANCE REQUIRED
Applicant must specify whether the letters “GHS” have any significance in the hydraulic trade or industry or as applied to the goods described in the application, or if such letters represent a “term of art” within applicant’s industry. See 37 C.F.R. §2.61(b); TMEP §§808.01(a), 814.
Failure to respond to a request for information is an additional ground for refusing registration. See In re Cheezwhse.com, Inc., 85 USPQ2d 1917, 1919 (TTAB 2008); In re DTI P’ship LLP, 67 USPQ2d 1699, 1701 (TTAB 2003); TMEP §814.
/SeanCrowley/
Examining Attorney
Law Office 116
U.S. Patent and Trademark Office
phone: 571.272.8851
email: sean.crowley@uspto.gov
TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at http://tarr.gov.uspto.report/. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/teas/eTEASpageE.htm.