Offc Action Outgoing

RESPONSE TIME LIMIT: TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE.

MAILING/E-MAILING DATE INFORMATION: If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.

Serial Number 78/873454

The assigned trademark examining attorney has reviewed the referenced application and has 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.

Identification of Goods and Services

The wording in the identification of goods needs clarification because the applicant has applied for only one class, but has included services that belong in International Classes 35, 38, and 45 as indicated below. The applicant must also clarify the wording “personal and vehicle tracking units” and indicate what the unit is comprised of. Applicant may change this wording to one or more of the following, if accurate. TMEP §1402.01.

“Positioning, tracking, monitoring and security systems comprised of wireless communications transmitters and receivers, global positioning system (GPS) receiver board, antennas and software for operating such systems; software for analyzing, interpreting and mapping data received from positioning, tracking, monitoring and security systems; personal and vehicle tracking units comprised of ___________ (indicate composition, i.e. an antenna and radio transmitter to be placed in a vehicle or carried with a person).” International Class 9; and/or

“Licensing of asset and personnel location monitoring systems; and collection, acquiring, storing, and processing asset and personnel location data, statistics and indices.” International Class 35; and/or

“Communication services, namely providing the electronic transmission of data and information utilizing global positioning satellite and terrestrial location systems to locate, monitor and manage assets and personnel; telecommunications services, namely the electronic transmission of voice messages and data for emergency services administration and response, offender monitoring administration and response, healthcare administration and response, assisted living administration and response, radio dispatched service vehicles, mobile asset tracking, first responders incident tracking, alarm and security company response and dispatch, and remote device activation and deactivation.” International Class 38; and/or

“Electronic monitoring services for security purposes in the field of asset and personnel tracking using wireless communications network and global positioning system, radio frequency identification, biometrics, and terrestrial location systems; call center services providing tracking, location and monitoring information about assets and personnel for security purposes.” International Class 45.

Please note that, while the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. 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.

Combined Applications

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/or services by international class with the classes listed in ascending numerical order. TMEP § 1403.01; and

(2) Applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid (current fee information should be confirmed at http://www.uspto.gov). 37 C.F.R. §2.86(a)(2); TMEP §§810 and 1403.01.

/Virginia T. Isaacson/

Trademark Attorney

Law Office 110

(571) 272-9365

HOW TO RESPOND TO THIS OFFICE ACTION:

ONLINE RESPONSE: You may respond using the Office’s Trademark Electronic Application System (TEAS) Response to Office action form available on our website at http://www.gov.uspto.report/teas/index.html. If the Office action issued via e-mail, you must wait 72 hours after receipt of the Office action to respond via TEAS. NOTE: Do not respond by e-mail. THE USPTO WILL NOT ACCEPT AN E-MAILED RESPONSE.
REGULAR MAIL RESPONSE: To respond by regular mail, your response should be sent to the mailing return address above, and include the serial number, law office number, and examining attorney’s name. NOTE: The filing date of the response will be the date of receipt in the Office, not the postmarked date. To ensure your response is timely, use a certificate of mailing. 37 C.F.R. §2.197.

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

VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.

GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm

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