To: | TPS, L.L.C. (tgwynne@whitakerchalk.com) |
Subject: | TRADEMARK APPLICATION NO. 77119094 - TPS - 20490.19 |
Sent: | 6/14/07 5:34:50 PM |
Sent As: | ECOM113@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/119094
MARK: TPS
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CORRESPONDENT ADDRESS: |
RESPOND TO THIS ACTION: http://www.gov.uspto.report/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: TPS, L.L.C.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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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: 6/14/2007
The assigned trademark examining attorney has reviewed the referenced application and has determined the following:
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.
However, the applicant shall note the following requirements:
INDEFINITE IDENTIFICATION OF SERVICES – MISCLASSIFICATION OF SERVICES
The wording “Distribution services, namely supplying filter elements for oil, gas, air and water industrial filtration units” in the identification of services is indefinite and must be clarified because it is indefinite as to the specific type of services provided, i.e. distribution/delivery or distributorship. Also, the services appear to be misclassified. TMEP §1402.01. Applicant may substitute the following wording, if accurate: “Distributorships in the field of filter elements for oil, gas, air and water industrial filtration units,” in International Class 35 and “Distribution services, namely, delivery of filter elements for oil, gas, air and water industrial filtration units,” in International Class 39.
Please note that, while the identification of services may be amended to clarify or limit the services, adding to the services or broadening the scope of the services is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include services that are not within the scope of the 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.
The applicant may adopt the following identification:
“Distributorships in the field of filter elements for oil, gas, air and water industrial filtration units,” in International Class 35 and
“Distribution services, namely, delivery of filter elements for oil, gas, air and water industrial filtration units,” in International Class 39.
If applicant prosecutes this application as a combined, or 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.
REQUEST FOR ADDITIONAL INFORMATION
Applicant is required to furnish such information and exhibits as may be reasonably necessary to the proper examination of this application. 37 C.F.R. Section 2.61(b). Applicant must furnish the following information:
1. The applicant must indicate whether the term “TPS” has any significance in relation to the applicant’s goods or in the relevant trade. If the term is an acronym, the applicant must specify its meaning. 37 C.F.R. Section 2.61(b). Specifically, the applicant must state whether or not the applicant’s services feature TPS filters.
2. The applicant must also submit product information for the identified goods and services. This may take the form of a fact sheet, an instruction manual, and/or advertisements or promotional materials. If such materials are not available, the applicant must submit a detailed description of the goods and services, including but not limited to their nature, purpose, prospective purchasers, and channel of trade. This information is necessary to evaluate accurately and fully the registrability of the applicant’s proposed designation. 37 C.F.R. Section 2.61(b); TMEP sections 814. If the applicant does not provide the information required herein, registration may be refused. See, e.g., In re Babies Beat, Inc., 13 USPQ2d 1729 (TTAB 1990).
Applicant should include the following information on all correspondence with the Office: (1) the name and law office number of the trademark examining attorney; (2) the serial number of this application; (3) the mailing date of this Office action; and, (4) applicant's telephone number. 37 C.F.R. §2.194(b)(1); TMEP §302.03(a).
/JenniferVasquez/
Trademark Examining Attorney
Law Office 113
(571) 272-8279
Fax: (571) 273-8279
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.