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 79/020266

THIS IS A FINAL ACTION

This letter responds to applicant’s communication filed on 11/20/06.

Applicant’s revisions to the goods and services (with the exceptions as noted below) and statements regarding the significance of the mark are all acceptable as written and have been made of record.

Class 9

The identification of goods identified as “electronic systems and equipment, on-board or not, for capturing and processing, data, namely, sensors, data conditioners, computer and computer software…” and “remote-control apparatus and instruments, namely, sensors, data conditioners, connectors, computer software, fitted to nacelles…” are both unacceptable as indefinite. Applicant must specify the function of the software. The applicant may adopt the following identification, if accurate (suggestions are bolded): Electronic systems and equipment, on-board or not, for capturing and processing, data, namely, sensors, data conditioners, computer and operating computer software…; and remote-control apparatus and instruments, namely, sensors, data conditioners, connectors, computer software [specify the function of the programs, e.g., for operating nacelles and thrust reversers], fitted to nacelles…., all in Class 9.

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.

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.

The requirement to amend the identification of goods is maintained and made final herein.

Options

If applicant should fail to respond to this Office action within the six month time limit, then the following goods and/or services will be deleted from the application: “electronic systems and equipment, on-board or not, for capturing and processing, data, namely, sensors, data conditioners, computer and computer software…” and “remote-control apparatus and instruments, namely, sensors, data conditioners, connectors, computer software, fitted to nacelles…” The application will then proceed with the balance of the goods and/or services only. 37 C.F.R. §2.65(a).

Applicant may respond to this final action by:

(1) submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); or

(2) filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class (37 C.F.R. §§2.6(a)(18) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).

In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2). 37 C.F.R. §2.64(a). See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matter. The petition fee is $100. 37 C.F.R. §2.6(a)(15).

/Caroline F. Weimer/

Trademark Lawyer

Law Office 115

571-272-9237 (T)

571-273-9237(F)

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.