To: | The Chamberlain Group, Inc. (trademark@fitcheven.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 86020949 - CHAMBERLAIN - 5569-131000 |
Sent: | 10/8/2013 1:31:21 PM |
Sent As: | ECOM109@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 86020949
MARK: CHAMBERLAIN
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: The Chamberlain Group, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.
ISSUE/MAILING DATE: 10/8/2013
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH OF OFFICE’S DATABASE OF MARKS
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
SUMMARY OF ISSUES that applicant must address:
INFORMALITIES
The applicant must respond to the following informalities.
IDENTIFICATION/CLASSIFICATION OF GOODS/SERVICES
The identification/classification of goods/services is indefinite and must be clarified because the nature of the goods cannot be ascertained and accurately classified. See TMEP §1402.01. Applicant may adopt the following identification, if accurate:
“Metal garage door brackets; metal garage door rails; metal structural parts for garage doors, namely, mountings and bushings.”
International Class 6.
“Air compressors; Electric door opening and closing system; electric garage door openers.”
International Class 7.
“Backup power system for perimeter security and access control systems, comprising a power supply, controller and charging unit, sold together as a unit; Remote controls for doors or gates; Electronic security devices, namely, electronic controls for granting access and egress through doors or gates; Radio receiver units, radio transmitter units, keypads and card readers; Access control and alarm monitoring systems for providing, tracking, and restricting access to electronically monitored and secured enclosures; Facilities management software, namely, software to control access and security systems; Computer hardware and software systems for remotely controlling access devices, security devices within a building or building perimeter; Building security systems comprising software and hardware for providing picture, video, alarm status; Security alarm controllers; Extension cords; Electrical power distribution boxes; Power supplies.”
International Class 9.
“Non-metal garage door brackets; Non-metal garage door rails; Non-metal garage door structural parts thereof namely, mountings and bushings.”
International Class 19.
The identification of goods for Classes 11 and 20 are acceptable. 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. An applicant may amend an identification of goods only to clarify or limit the goods; adding to or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07 et seq.
(1) LIST GOODS AND/OR SERVICES BY INTERNATIONAL CLASS: Applicant must list the goods and/or services by international class.
(2) PROVIDE FEES FOR ALL INTERNATIONAL CLASSES: Applicant must submit an application filing fee for each international class of goods and/or services not covered by the 4 fee(s) already paid (confirm current fee information at http://www.gov.uspto.report/trademarks/tm_fee_info.jsp).
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
PLEASE NOTE: Applicant is encouraged to telephone or email (Tracy.Cross@uspto.gov) the trademark examining attorney to resolve the issues raised above, if a new class is not being added. Formal responses are not accepted via email. However, in this case, the examining attorney will issue an examiner’s amendment based upon the applicant’s informal email communication.
/Tracy Cross/
Examining Attorney
Law Office 109
(571) 272-9271
Tracy.Cross@uspto.gov
TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.