To:Engine Power Components, Inc. (dhuff@dykema.com)
Subject:TRADEMARK APPLICATION NO. 78818357 - EPC - 097931-0004
Sent:2/21/2007 3:52:49 PM
Sent As:ECOM117@USPTO.GOV
Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE

 

    SERIAL NO: 78/818357

 

    APPLICANT:         Engine Power Components, Inc.

 

      

 

*78818357*         

 

    CORRESPONDENT ADDRESS:

DONALD N. HUFF

DYKEMA GOSSETT PLLC

1300 I STREET, N.W., SUITE 300 WEST

WASHINGTON, DC 20005

 

RETURN ADDRESS: 

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA 22313-1451

 

 

 

If no fees are enclosed, the address should include the words "Box Responses - No Fee."

    MARK:          EPC

 

 

 

    CORRESPONDENT’S REFERENCE/DOCKET NO:   097931-0004

 

    CORRESPONDENT EMAIL ADDRESS: 

 dhuff@dykema.com

Please provide in all correspondence:

 

1.  Filing date, serial number, mark and

     applicant's name.

2.  Date of this Office Action.

3.  Examining Attorney's name and

     Law Office number.

4.  Your telephone number and email address.

 

 

Serial Number  78/818357

 

 

EXAMINER’S AMENDMENT

 

ADVISORY – AMENDMENTS TO GOODS/SERVICES:  If the identification of goods and/or services has been amended below, any future amendments must be in accordance with 37 C.F.R. §2.71(a) and TMEP §1402.07(e).

 

AMENDMENT(S) AUTHORIZED:  As authorized by Donald Huff on February 21, 2007, the application is amended as noted below.  If applicant disagrees with or objects to any of the amendments below, please notify the undersigned trademark examining attorney immediately.  Otherwise, no response is necessary.  TMEP §707.

 

Amendment of Recitation of Services in IC 042:

 

The recitation of services in IC 042 amended to correct a typographical error and reads as follows: 

 

DESIGN OF INTERNAL COMBUSTION ENGINE PARTS TO THE SPECIFICATION OF OTHERS, NAMELY, CAM SHAFTS, PUSH RODS, ROCKER ARMS, ENGINE CASES, CAM PROTECTORS, CONNECTING RODS, CRANKCASE BREATHERS AND OIL COOLERS FOR LAND AND MARINE VEHICLES, in IC 042.

 

Note Regarding the Drawing

 

The drawing has been rotated 90 degrees to the right in the databases to present the drawing in the horizontal manner in which it displayed on the specimens. 

 

 

OUTSTANDING ISSUE

 

Registration was refused under Trademark Act Section 2(d), 15 U.S.C. §1052(d), because the mark for which registration is sought so resembles the mark shown in U.S. Registration No. 2481083 as to be likely, when used with the identified goods and in connection with the recited services, to cause confusion, or to cause mistake, or to deceive. The applicant has indicated the intent to provide a consent agreement; however, the agreement has not yet been made of record, and is not a valid basis for suspension of the application.  Accordingly, following the mailing of this amendment, a FINAL refusal will issue. 

 

 

 

/Linda A. Powell/

Trademark Examining Attorney

Law Office 117

(571) 272-9327