To: | Hurco Automation, Ltd. (docket@bpmlegal.com) |
Subject: | TRADEMARK APPLICATION NO. 77319071 - GPEX - fip.1108US-T |
Sent: | 1/31/2008 4:30:41 PM |
Sent As: | ECOM114@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/319071
MARK: GPEX
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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: Hurco Automation, Ltd.
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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: 1/31/2008
The assigned examining attorney has reviewed the referenced application and determined the following.
SEARCH RESULTS
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, applicant must address the following issue(s).
IDENTIFICATION
The current wording used to describe the goods and/or services needs clarification because it is broad and indefinite. When describing computer software, applicant must be clear in describing the use and function of the software. For example, “computer software for Man Machine Interface” is not easily comprehensible. Applicant may adopt the following identification of goods and/or services, if accurate: TMEP §1402.01.
IC 9
Recorded computer operating system programs; Computer software for graphic logic controller; Computer software for programmable logic controller (PLC); Computer software for electronic apparatus for the remote control of industrial operations; Computer software for apparatus used for monitoring and controlling supply chain operations; Computer software for apparatus used for monitoring and controlling the transportation and logistics operations; computer software for controlling directions of electronic movable mountings for surveillance video cameras; Computer software for apparatus used for monitoring and controlling product line quality control system; Recorded optical data media for [specify function and use]; Random access memory (RAM) set; Random access memory (RAM); Recorded computer programs for [specify function and use]; Computer software for Graphical User Interface (GUI); Computer software for generating control program for preparing and image on a touch panel; Personal computers; Computer terminals; Recorded computer operating system programs; Computer software for graphical control panels; Computer software for industrial education; Computer software for measurement and control equipment; Software for communication equipment control; Motion controls software; Computer software for supervisor control system
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.
The applicant should consult the on-line identification manual on the PTO homepage for a searchable database of acceptable identifications for goods and services. The manual is available at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual.
/John Hwang/
Trademark Attorney
LAW OFFICE 114
571-272-9452
571-273-9114 FAX
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 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.