| To: | Emerson Electric Co. (chris.hayes@emerson.com) |
| Subject: | U.S. TRADEMARK APPLICATION NO. 86891644 - EMERSON - N/A |
| Sent: | 3/21/2017 4:23:53 PM |
| Sent As: | ECOM113@USPTO.GOV |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
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U.S. APPLICATION SERIAL NO. 86891644
MARK: EMERSON
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/trademarks/index.jsp
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APPLICANT: Emerson Electric Co.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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EXAMINER’S AMENDMENT
ISSUE/MAILING DATE: 3/21/2017
STATUS OF APPLICATION: Pursuant to TMEP §§705.01, 707.03, and 713.02, applicant is advised of the following status of the application.
Prior to issuance of this examiner’s amendment, the following issues were outstanding with this application:
(1) Requirement to amend the identification of goods identified in Classes 07, 09, and 11; and
(2) Clarification of the number of classes for which registration is sought.
In light of applicant’s February 27, 2017 Office action response and the amendment detailed below, the examining attorney has determined the following:
(1) The requirement to amend the identification of goods and/or services is hereby satisfied;
(2) The requirement to clarify the number of classes for which registration is sought is hereby satisfied.
APPLICATION HAS BEEN AMENDED: In accordance with the authorization granted by Christopher Hayes on March 16, 2017, the trademark examining attorney has amended the application as indicated below. Please advise the undersigned immediately of any objections. Otherwise, no response is necessary. TMEP §707. Any amendments to the identification of goods may clarify or limit the goods, but may not add to or broaden the scope of the goods. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.
AMENDMENT OF THE IDENTIFICATION OF GOODS
The identification of goods is amended to read as follows:
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Class 06 - |
Metal manual valve actuators, namely handwheels and hand levers and mechanical assemblies for manually actuating valves |
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Class 07 - |
bending machines; compressors for air conditioning, heat pump, and commercial and industrial refrigeration systems; dewatering pumps; electric welding machines; gas compressors; hand- held battery actuated hydraulic press tool for crimping or cutting and crimp heads therefor; hot plate welding machines; hydraulic power units for powering valve actuators and other hydraulic industrial process equipment; hydraulic valve actuators; infrared welding machines; laser welding machines; linear actuators; pneumatic valve actuators; pressure regulators and reducers being parts of machines; replacement parts and accessories for food waste disposers; spin welding machines; thermal processing machines for use in plastic joining, namely, electrically operated machines for use in plastic processing that use thermal processes for heat staking, thermal insertion, swaging, degating, and date stamping processes in the manufacture of plastic products; vibration welding machines; pneumatic valve positioners; hermetic motors for use with compressors for air conditioning and commercial and industrial refrigeration systems; HVAC and commercial and industrial refrigeration system components, namely, mufflers, oil filters, and oil separators; pressure transducers being parts of machines |
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Class 09 - |
accelerometers; acoustic transmitters for industrial or commercial use and in connection with products other than consumer electronic equipment, namely, wireless transmitters for monitoring acoustic levels in commercial and industrial equipment and facilities; audible signaling devices for industrial or commercial use with products other than consumer electronic equipment, namely, audio alarms to signal an evacuation or other alarm condition in industrial or commercial equipment or facilities; battery power modules for powering transmitters and sensors for monitoring and measuring industrial processes and facilities; cargo monitoring systems comprising level gauges, pressure and temperate sensors and electronic hardware and software for measuring and controlling cargo fluids; chemical detectors for commercial, industrial, institutional, and agricultural use; circuit breaker panel boards; computer hardware and software, namely, hardware and software that creates internal communication hubs and monitoring and control capabilities within industrial facilities to allow industrial equipment and devices to communicate, share, and analyze information for industrial process control, maintaining and repairing plant equipment, maintaining records on industrial plant equipment, and communicating among industrial process control devices; computer software for use in oil and gas reservoir simulation, modeling and analysis; computer software for use in the monitoring, management, and analysis of oil and gas production systems; control and monitoring systems for pipelines and valve actuators comprised of computer hardware and software that monitors line pressure or other conditions at a pipeline valve site and provides data acquisition and supervisory control of a valve actuator; control system software for monitoring and controlling flow metering and flow meter systems; control valves for regulating the flow and pressure of gases and liquids; corrosion sensors and monitors for use in oil and gas production systems; densitometers, not for medical use; digital valve controllers, namely, micro-processors based hardware and software used to control valves used in industrial and commercial processes; eddy current sensors; electric and electronic connectors, namely, glass to metal hermetic seals and connectors; electric valve actuators; electrical and power controllers for HVAC and commercial and industrial refrigeration compressors; electrical connection enclosures and junction boxes; electrical control stations comprised of electric actuators, electric contactors, pilot lights, and electrical switches for use in industrial and hazardous applications; electrical fittings namely, electrical fittings for electrical cables, electrical conductors, electrical conduits, electrical receptacles, and electrical switches, excluding electrical fittings for consumer electronic devices for use in the home, office, and vehicles, or carried on the person; electrical fittings for hazardous applications, namely, electrical fittings for electrical cables, electrical cords, electrical conduits, and electrical outlets excluding electrical fittings for appliances and lighting fixtures that are designed to be moveable and not permanently affixed; electrical grounding indicators; electrical plugs and receptacles; electrical transducers; electro-hydraulic valve actuators; electromagnetic valves for controlling gas and liquids in gas appliances, HVAC and refrigeration systems; electromechanical valve controllers, namely, electromechanical controllers for controlling the operation of rotary and linear valves and actuators; electronic controls for building and commercial and industrial refrigeration systems, HVAC, lighting and air quality systems; electronic controllers for air conditioning and commercial and industrial refrigeration equipment; electronic controllers for monitoring and controlling industrial processes and machinery; electronic controls for commercial and industrial refrigeration compressors; electronic controls for valve actuators; electronic detectors for locating and tracking pipeline inspection gauges; electronic devices for locating buried pipes, cable, utility lines and tanks; electronic diagnostic and motor protection modules for compressors; electronic limit switches; electronic modules for monitoring, recording, and transmitting HVAC and commercial and industrial refrigeration system information; electronic power usage monitors; electronic transmitters for monitoring and transmitting data relating to industrial processes and facilities; electro- pneumatic valve positioners; feedthroughs; flame detectors excluding those that are in-home, stand-alone and that are not centrally monitored; flammable vapor sensors excluding those that are in-home, stand-alone and that are not centrally monitored; flow regulators for commercial and industrial use; gas and gas leak detectors excluding those that are in-home, stand-alone and that are not centrally monitored; gas and liquid custody transfer systems comprising level gauges, pressure and temperature sensors, electronic hardware and software for use in monitoring, measuring, and controlling the custody or transfer of gases and liquids; hermetic sight glasses for use as windows for visual level and flow indicators namely, hermetically sealed optical window systems for use in high-pressure or vacuum applications; high level and overfill alarms for commercial, industrial, institutional, and agricultural use; HVAC and commercial and industrial refrigeration system components, namely, accumulators, filter driers, and moisture indicators; industrial process control software; laser distance meters; level measurement devices for measuring solid, liquid and gas levels in tanks and other vessels; level sensors for measuring the level of fluids and solids in tanks; level switches, gauges, indicators and transmitters for monitoring and controlling liquids and dry products in tanks and vessels; lighting control panels; lighting controls; line break controls for automatically detecting pressure drops in gas pipelines and closing valves to prevent further gas leakage; liquid and gas meters for measuring density concentration or viscosity; liquid and gas sensors for determining the characteristics of liquids in industrial processes; liquid level controllers; liquid level sensors; liquid level switches for monitoring and controlling liquids in tanks and vessels; meter systems to measure flow comprising flow meters, valves, provers, control panels, and computer hardware and software for measuring and controlling the flow of liquids and gases; modules for monitoring electric current and electric signals for commercial, industrial, and agricultural HVAC and refrigeration systems; oil and gas monitoring systems comprised of computer hardware and software that orders and transmits pressure and temperature gauge and sensor readings from oil and gas wells for use in measuring pressure and temperature downhole and in oil and gas reservoirs; orifice plates for metering or controlling the flow of liquids and gases; pneumatic volume boosters, namely, pneumatic devices comprised of diaphragms used for amplifying pneumatic control signals not for use in consumer electronic equipment; position sensors; power switches; pressure controllers for controlling the pressure of liquid, semi- liquid and gaseous substances in industrial and commercial processes; pressure regulators for use in breathing gases, anesthetics and diagnostic applications in the medical and healthcare industries; pressure relief valves for commercial and industrial use; pressure sensing trip valves; pressure shut off valves for commercial and industrial use; pressure switches and sensors for monitoring, controlling and switching hydraulic or pneumatic systems; pressure transducers, namely, pressure transducers that convert hydraulic or pneumatic pressure into analog electrical signals for monitoring and controlling hydraulic or pneumatic systems; provers for calibrating flow meters; reels for electrical wire; retrieval systems comprised of hydraulic, mechanical, and subsea retrieval tools, service isolation valves, pressure relief valves, pressure guages, corrosion data measuring and collecting probes, corrosion sensor, and chemical injection and measuring tools designed for installing and retrieving measurement and monitoring devices in oil and gas production systems; sand erosion sensors and monitors for use in oil and gas production systems; security lights for outdoor use; software for managing, monitoring, and controlling industrial manufacturing processes; software for remote control and monitoring of computers and electronic devices for commercial, industrial, institutional, and agricultural use; software for use in diagnosing and monitoring the operation of compressors and HVAC systems; solenoid valves; speed sensors; surge protectors; systems comprised of computer hardware, software, and temperature, humidity, ventilation, carbon dioxide and oxygen sensors that collect and transmit shipping container conditions for remotely monitoring and controlling refrigerated shipping containers; tank gauging systems comprising level gauges, temperature transmitters and sensors and software for monitoring and controlling fluids contained in tanks and other vessels; temperature controllers for controlling the temperature of gases and liquids in industrial and commercial processes; temperature sensors and controls, namely, bimetallic disc controls and limits; temperature, humidity and pressure probes for commercial and industrial refrigeration and HVAC applications; thermal fuses for electrical current; thermistors; transmitters and sensors for measuring temperature, pressure and liquid levels; transmitters for transmitting information relating to liquid level in tanks and vessels; valves to regulate the flow of gases and liquids in HVAC and commercial and industrial refrigeration applications, namely, expansion valves, shutoff valves, solenoid valves, check valves; velocity sensors; vibration transmitter, namely, electronic devices for detecting, monitoring, and transmitting vibration information; video inspection systems primarily comprised of monitors, video and image recorders, reels of electric cable, cameras, and handheld devices in the nature of video recorders and video monitors for video inspection of drains, sewers, and pipes; wireless adapters and gateways for transmitting data relating to industrial processes and facilities; wireless position monitors for commercial, industrial, institutional, and agricultural use, namely, position sensors and transceivers for monitoring valves, regulators, and level sensors; wireless temperature and humidity sensors for commercial, industrial, institutional, and agricultural use; wireless temperature and humidity sensors excluding wireless temperature and humidity sensors for electrical and electronic appliances that are designed to be moveable and not permanently affixed, and not centrally monitored; position monitors and transmitters for monitoring and transmitting equipment position information for use in industrial process control systems; ceiling fan accessories, namely, fan controls; furnace, HVAC and commercial and industrial refrigeration electric system controls |
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Class 11 - |
air filters for domestic use; ceiling fan accessories, namely, fan blades, fan lighting fixtures, shades for fan lighting fixtures, fan controls, and fan downrods; dampers, namely, control devices used in air ducts to regulate the flow of air; Molecular sieve desiccant dehydrators for natural gas production and processing; drinking water filtration systems comprised of water filtration units and dispenser for dispensing the filtered water excluding faucet-mounted and counter-top water purifiers; electrical heating cables; electrical lighting fixtures; filters for drinking water; heat pumps; pressure regulators for gas, water and sanitary installations; refrigeration equipment, namely, packaged refrigeration systems comprised of refrigeration and gas compressors, electronic controls for commercial and industrial refrigeration equipment, and heat exchangers for industrial applications; thermostats; air movers, namely, electric fans; heat exchangers for commercial and industrial refrigeration, air conditioning, and heat pump systems; electric pipe freezers; electric pipe thawers; plumbing fittings, namely, sink flanges and sink strainers; spark igniters for gas appliances; refrigerant and evaporative condensers for air conditioning, heat pump, and commercial and industrial refrigeration systems |
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Class 20 - |
furniture hardware, namely, drawer slides; garment racks; laminated wood organizers for use with non-metal fabric storage bins; laminated wood shelves; metal wire shelves; multipurpose storage racks; non-metal fabric storage bins; prefabricated closet organizational systems made of laminated wood and metal wire |
See TMEP §§1402.01, 1402.01(e).
PROCEDURAL INFORMATION
After an examiner’s amendment issues, the trademark examining attorney will usually approve the mark for publication in the Trademark Official Gazette, a weekly online publication of the USPTO. The USPTO will then send a “Notice of Publication” to the applicant specifying the date of publication.
The purpose of publishing applicant’s mark in the Trademark Official Gazette is to provide an opportunity to third parties who believe they may be damaged by registration of applicant’s mark to oppose its registration within thirty (30) days from the publication date. An “opposition” is similar to a federal court proceeding, but this proceeding is held before the Trademark Trial and Appeal Board, a USPTO administrative tribunal of administrative judges who issue decisions on such matters. If an opposition proceeding is instituted to oppose registration of applicant’s mark, applicant will receive notice. In such cases, due to the complexity of such matters, applicant may wish to hire an attorney.
If the mark is published based upon the actual use of the mark in commerce, or based on a foreign registration, and no party opposes its registration, the USPTO will normally register the mark and issue a registration certificate within approximately twelve (12) weeks after the date the mark was published.
If the mark is published based upon the applicant’s bona fide intention to use the mark in commerce, and no party opposes its registration, the USPTO will issue a “Notice of Allowance” within approximately eight (8) weeks after the date the mark was published. Applicant then has six (6) months from the date of the Notice of Allowance to timely file a “Statement of Use” or to file a request for a six-month “Extension of Time to file a Statement of Use” (extension request). Extension requests are granted in six-month increments and a maximum of five extension requests can be filed after the issuance of the Notice of Allowance. If a Statement of Use is not filed within the six months after the Notice of Allowance issued, a Statement of Use must be filed within the time period of a previously granted extension request. The USPTO will only issue a registration certificate after the trademark examining attorney approves a Statement of Use.
For an overview of the time frames for when an applicant should file and the USPTO will issue documents related to a trademark application, see Trademark Application and Post-Registration Process Timelines. Forms for Statements of Use and extension requests, and additional requirements for intent to use applications, are available online at Intent to Use (ITU) Forms.
/Mark S. Tratos/
Mark S. Tratos
Trademark Examining Attorney
Law Office 113
(571) 270-3575
Mark.Tratos@uspto.gov
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 Trademark Electronic Application System (TEAS) form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.