UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  78/275552

 

The assigned examining attorney has reviewed the referenced application and determined the following.

 

The examining attorney defers a search of the Office records until the applicant responds to the following.  37 C.F.R. Section 2.61(b); TMEP sections 1105.01 and 1105.02.

 

IDENTIFICATION INDEFINITE

In the identification of goods, the applicant must use the common commercial names for the goods and services, be as complete and specific as possible and avoid the use of indefinite words and phrases.  If the applicant chooses to use indefinite terms, such as "accessories," "components," "devices," "equipment," "materials," "parts," "systems" and "products," then those words must be followed by the word "namely" and the goods listed by their common commercial names.  TMEP sections 804 and 804.08(c). 

 

The applicant may adopt the following, if accurate:

 

Gauges and instruments for vehicles and machines, namely, [SPECIFY THE TYPES OF GUAGES AND INSTRUMENTS BY COMMON COMMERCIAL NAME AND CLASSIFY EACH ACCORDINGLY]

 

If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following:

 

               (1)  The applicant must submit a specimen of use for each class; these specimens must be of a type which were in use at least as early as the filing date of the application. 37 C.F.R. Section 2.86(b).

 

               (2)  The applicant must state dates of first use and use in commerce for the mark in each class; these dates must be at least as early as the filing date of this application.  37 C.F.R. Sections 2.33(a)(1)(vii) and 2.86(b).

        

               (3)  The applicant must submit an affidavit or a declaration under 37 C.F.R. Section 2.20 signed by the applicant to verify (1) and (2) above.  37 C.F.R. Sections 2.59(a) and 2.71(d)(1).

        

               (4)  The applicant must list the goods by international class with the classes listed in ascending numerical order.  TMEP section 1113.01.

        

               (5)  The applicant must submit a filing fee for each international class of goods not covered by the fee already paid.  The filing fee is $335.00 per class.  37 C.F.R. Sections 2.6(a)(1) and 2.86(b); TMEP sections 810.01 and 1113.01.

 

SPECIMEN OMITTED

An application based on use of the mark in commerce under Trademark Act Section 1(a), 15 U.S.C. Section 1051(a), must include a specimen showing use of the mark in commerce on or in connection with the goods/services.  The application does not contain a specimen.  The applicant must submit a specimen, and must submit the following statement:

 

The specimen was in use in commerce at least as early as the filing date of the application.

 

This statement must be verified with an affidavit or a declaration under 37 C.F.R. Section 2.20.  37 C.F.R. Section 2.71(d)(1).

 

RESPONSE GUIDELINES

No set form is required for response to this Office action.  The applicant may respond via fax, electronic mail or traditional mail.  The applicant should simply set forth the required changes or statements and request that the Office enter them.  The applicant must sign the response.

In all correspondence to the Patent and Trademark Office, the applicant should list the name and law office of the examining attorney, the serial number of this application, the mailing date of this Office action, and the applicant's telephone number to speed up further processing.

Note For Electronic Responses

Any communications regarding pending applications sent via e-mail to any of the law office e-mail addresses must:

 

(1)  be in English;

(2)            include the entire response as e-mail text, not as an attachment;

(3)  list the serial number in the "Subject" line; and

(4)  include any specimens or evidence in jpg or gif format only.

 

For security and compatibility reasons, the Office will not accept communications that include any attachments, other than those in jpg or gif format.  Thus, no attachments in WordPerfect®, Word, Adobe® PDF or any other format EXCEPT jpg or gif can be accepted. 

 

Additionally, all such communications sent via e-mail should (1) be signed electronically (using the same format accepted for electronically-filed applications, namely, the signatory must enter any combination of alpha/numeric characters that has been specifically adopted to serve the function of the signature, preceded and followed by the forward slash (/) symbol.  Acceptable "signatures" could include: /john doe/; /jd/; and /123-4567/.  (See 64 FR 33056, 33062 (June 21, 1999))); and (2) address every issue raised.  Failure to comply with these additional requirements will result in delays in prosecuting your application.

 

Note Regarding  Timely Filing Of Responses

The statutory period for response to an Office action during examination is six months.  15 U.S.C. §1062(b).  The examining attorney does not have any discretion to shorten or extend such period. 

 

The crucial date for the response is the date it is received by the Office, not the date it is mailed by the applicant.  The applicant should see 37 C.F.R. §§1.8 and 1.10; TMEP §§702.02, 702.03 and 702.04(f), regarding certificate of mailing, certificate of transmission and "Express Mail" procedures to avoid lateness.

 

Note Regarding Status Of Application

Current status and status date information is available on-line at http://tarr.gov.uspto.report/ or, via push button telephone, for all federal trademark registration and application records maintained in the automated Trademark Reporting and Monitoring (TRAM) system.  The information may be accessed by calling (703) 305‑8747 from 6:30 a.m. until midnight, Eastern Time, Monday through Friday, and entering a seven‑digit registration number or eight‑digit application number, followed by the "#" symbol, after the welcoming message and tone.  Callers may request information for up to five registration number or application number records per call.

 

 

 

 

David T. Taylor /dtt/

2900 Crystal Drive

Arlington, VA 22202

Law Office 112

703-308-9112, ext. 164

703-746-8112

ecom112@uspto.gov

 

 

How to respond to this Office Action:

 

To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.

 

To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.

 

To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.