Offc Action Outgoing

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, 2.65(a); TMEP §§711, 718.03.

Search Results

The Office records have been searched and there are no similar registered or pending marks that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.

Identification of Goods

The applicant identified its goods as “Electronic and digital receivers, remote displays in the nature of monitors, batteries/chargers, and software, all for use in locating and monitoring subsurface transmitters, receivers, drill heads, drill pipes, reamers, augers, boring tools, and buried utility lines, cables and pipes, and for collecting and displaying data relating to same.”

The wording in the identification of goods is indefinite and must be clarified (see suggestions below). See TMEP §1402.01.

The applicant may adopt the following if accurate:

Class 009: Electronic and digital _______ (INDICATE THE TYPE OF RECEIVER, e.g., RADIO, VIDEO, MOBLE DATA, ETC) receivers, remote displays in the nature of _______ (INDICATE THE TYPE OF MONITOR, e.g., COMPUTER, TV, VIDEO, ETC) monitors, batteries AND BATTERY chargers, and software, all for use in locating and monitoring subsurface transmitters, receivers, drill heads, drill pipes, reamers, augers, boring tools, and buried utility lines, cables and pipes, and for collecting and displaying data relating to same

Identifications of goods can be amended only to clarify or limit the goods; adding to or broadening the scope of the goods 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 that are not within the scope of the goods 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.

If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney.

/CSobral/

Christina M. Sobral

Trademark Examining Attorney

Law Office 109

Phone - (571) 272 - 5703

RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.gov.uspto.report/teas/eTEASpageD.htm, waiting 48-72 hours if applicant received notification of the Office action via e-mail. For technical assistance with the form, please e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned examining attorney. Do not respond to this Office action by e-mail; 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.