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: 1/15/2009

 

 

This Office action is in response to applicant’s communication filed on December 23, 2008.  The trademark examining attorney has reviewed applicant’s response and has determined the following.

 

SATISFIED REQUIREMENT

 

The following requirement has been satisfied:  Significance of Wording requirement.  TMEP §§713.02, 714.04.

 

REQUIREMENT

 

Applicant must respond to the requirement set forth below.

 

REQUIREMENT – IDENTIFICATION OF GOODS IS INDEFINITE

 

The identification of goods is indefinite and must be clarified because the wording “means to detect and/or monitor and/or show functioning and/or performance data” is too broad making the nature of the goods unclear.  Therefore, applicant must clarify the identification of goods as indicated below.  The trademark examining attorney is unable to suggest alternative wording or goods that could be “means to detect and/or monitor and/or show functioning and/or performance data” in International Class 012.  See TMEP §1402.01.

 

Punctuation:

 

In addition, please note the punctuation in the suggested identification below.  In the identification of goods, the semicolon is used to separate different goods.  The comma is used within a subset of the same goods to separate a listing of goods in the particular subset.

 

Suggested Identification of Goods:

 

Applicant may adopt the following identification of goods, if accurate.  See TMEP §1402.01.

 

IC 012:

Bicycles; bicycle parts, components and accessories, namely, bicycle frames, tubes and connectors for bicycle frames, bicycle wheels, rims and spokes for bicycle wheels, pedals, hubs quick release devices and hubs comprising said devices, rear derailleurs, front derailleurs, crank arms, gear wheels and gear wheels assemblies, crank arms with gear wheels, sprockets, sprocket assemblies, free wheels, transmission chains, drive or control means for front derailleurs or rear derailleurs, either mechanic or electronic, brakes, brake pads, disk brakes, cable guides, knobs and control levers, seat posts and seats, pumps and supports for pumps, shafts and bearings for crank arms and for pedals, head sets for steering assemblies, and bearings and bushings thereof, front and rear forks, cables and casings, fastening clamps, bottom brackets, bottom bracket assemblies, handlebars connections and handlebars, forks and suspension forks, stands, tires, tubular tires, inner tubes, clincher tires, rim tapes for tubeless tires, valves, means to detect and/or monitor and/or show functioning and/or performance data, namely, {indicate the specific type of means to detect and/or monitor and/or show functioning and/or performance data in International Class 012}; bicycle tools, namely, bicycle pumps and bicycle stands; all the aforementioned goods being for bicycles

 

Identification of Goods Advisories:

 

1.     Refer to the Manual of Acceptable Identifications of Goods and Services for Assistance

 

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.  See TMEP §1402.04.

 

2.     Broadening the Scope of the Goods and/or Services is Not Permitted

 

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

 

3.     Classification for Goods/Services Cannot be Changed

 

The international classification of goods and/or services in applications filed under Trademark Act Section 66(a) cannot be changed from the classification given to the goods and/or services by the International Bureau in the corresponding international registration.  TMEP §§1401.03(d), 1904.02(b).

 

ADVISORY - FAILURE TO RESPOND – ABANDONMENT OF SPECIFIC GOODS

 

If applicant should fail to respond to this Office action within the six-month period for response, then the following goods will be deleted from the application:

 

IC 012:

means to detect and/or monitor and/or show functioning and/or performance data

 

The application will then proceed with the following goods only: 

 

IC 012:

Bicycles; bicycle parts, components and accessories, namely, bicycle frames, tubes and connectors for bicycle frames, bicycle wheels, rims and spokes for bicycle wheels, pedals, hubs quick release devices and hubs comprising said devices, rear derailleurs, front derailleurs, crank arms, gear wheels and gear wheels assemblies, crank arms with gear wheels, sprockets, sprocket assemblies, free wheels, transmission chains, drive or control means for front derailleurs or rear derailleurs, either mechanic or electronic, brakes, brake pads, disk brakes, cable guides, knobs and control levers, seat posts and seats, pumps and supports for pumps, shafts and bearings for crank arms and for pedals, head sets for steering assemblies, and bearings and bushings thereof, front and rear forks, cables and casings, fastening clamps, bottom brackets, bottom bracket assemblies, handlebars connections and handlebars, forks and suspension forks, stands, tires, tubular tires, inner tubes, clincher tires, rim tapes for tubeless tires, valves; bicycle tools, namely, bicycle pumps and bicycle stands; all the aforementioned goods being for bicycles

 

 

37 C.F.R. §2.65(a).

 

RESPONDING TO THIS OFFICE ACTION

 

To expedite prosecution of this application, applicant is encouraged to file its response to this Office action online via the Trademark Electronic Application System (TEAS), which is available at http://www.gov.uspto.report/teas/index.html.

 

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

 

/Tina Brown/

Trademark Examining Attorney

Law Office 105

Phone: (571) 272-8864

Fax: (571) 273-8864

 

 

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 1/15/2009 FOR

APPLICATION SERIAL NO. 79053636

 

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=79053636&doc_type=OOA&mail_date=20090115 (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 1/15/2009.

 

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.