UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE 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: 3/20/2009

 

 

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 of Office Records

 

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.

 

However, applicant must respond to the requirement set forth below.

 

Identification of Goods and Services Indefinite

 

Applicant submitted the following identification with the application:

 

International Class 9

 

Radar, missile fire control radar, and electronic apparatus for use in airborne radar for control of guided missiles and guided missile launchers, namely sensors, detectors, processors, transmitters, antennas and display screens for missile fire control, launch control, target acquisition, classification and prioritization, guidance and flight control, detonation and impact control, and computer hardware and computer software for use in the field of guided missiles and missile launchers

 

International Class 13 (Acceptable as written)

 

Guided missiles and missile launchers

 

International Class 42

 

Technical consulting services in the field of guided missiles and guided missile launchers

 

The above bolded wording in the identification of goods and services needs clarification because it does not identify the goods and services with enough specificity and it is too broad because it may identify goods or services in multiple International Classes.  Applicant must amend the identification of goods and services to specify the common commercial or generic name for the goods and services.  If there is no common commercial or generic name for the product, then applicant must describe the product and intended consumer as well as its main purpose and intended uses.  If there is no common commercial or generic name for the services, then applicant must describe the nature of the services as well as their main purpose, channels of trade, and the intended consumer.   In the identification of goods, applicant must use the common commercial or generic names for the goods, be as complete and specific as possible, and avoid the use of indefinite or “catch-all” words and phrases. 

 

Specifically, applicant has identified a wide variety of measuring devices.  Applicant must amend the identification of goods to clarify the nature of the device by specifying the variables measured by the devices, such as pressure, radar, acceleration, etc.  Applicant must also specify the function of its software, and must clarify the nature of its technical consulting services; consulting services are classified based on the nature of the consultation provided. 

 

Applicant may adopt the following identification of goods and services, if accurate: 

 

International Class 9

 

Radar, missile fire control radar, and electronic apparatus for use in airborne radar for control of guided missiles and guided missile launchers, namely sensors, [Specify type of “detectors,” e.g. radar, ultrasonic, gamma radiation, motion] detectors, [Specify type of “processors,” e.g. signal, micro, data, video] processors, transmitters, antennas and LCD display screens for missile fire control, launch control, target acquisition, classification and prioritization, guidance and flight control, detonation and impact control, and computer hardware and computer software for missile fire control, launch control, target acquisition, classification and prioritization, guidance and flight control, detonation and impact control for use in the field of guided missiles and missile launchers

 

International Class 13 (No change)

 

Guided missiles and missile launchers

 

International Class 40

 

Technical manufacturing consulting services in the field of guided missiles and guided missile launchers

 

International Class 42

 

Technical design and engineering consulting services in the field of guided missiles and guided missile launchers

 

Identifications of goods and services can be amended only to clarify or limit the goods or services; adding to or broadening the scope of the goods 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 or services that are not within the scope of the goods and services set forth in the present identification.

 

For assistance with identifying and classifying goods 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 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 services by international class; and

 

(2)     Applicant must submit a filing fee for each international class of goods and services not covered by the fee already paid (current fee information should be confirmed at http://www.uspto.gov).

 

See 37 C.F.R. §§2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).

 

Note:  Applicant has paid for three (3) classes.

 

Comments

 

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

 

 

/Nicholas A Coleman/

Examining Attorney

Law Office 115

Office: 571-272-4917

Fax: 571-273-9115

 

 

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.

 

 

 

 

 

                                                                

IMPORTANT NOTICE

USPTO OFFICE ACTION HAS ISSUED ON 3/20/2009 FOR

APPLICATION SERIAL NO. 77643417

 

Please follow the instructions below to continue the prosecution of your application:

  

VIEW OFFICE ACTION: Click on this link http://tmportal.gov.uspto.report/external/portal/tow?DDA=Y&serial_number=77643417&doc_type=OOA&mail_date=20090320 (or copy and paste this URL into the address field of your browser), or visit http://tmportal.gov.uspto.report/external/portal/tow and enter the application serial number to access the Office action.

 

PLEASE NOTE: The Office action may not be immediately available but will be viewable within 24 hours of this notification.

 

RESPONSE MAY BE REQUIRED: You should carefully review the Office action to determine (1) if a response is required; (2) how to respond; and (3) the applicable response time period. Your response deadline will be calculated from 3/20/2009.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed responses.  Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System response form at http://www.gov.uspto.report/teas/eTEASpageD.htm.

 

HELP: For technical assistance in accessing the Office action, please e-mail

TDR@uspto.gov.  Please contact the assigned examining attorney with questions about the Office action. 

 

        WARNING

1. The USPTO will NOT send a separate e-mail with the Office action attached.

 

2. Failure to file any required response by the applicable deadline will result in the ABANDONMENT of your application.