| To: | Dayton Electric Manufacturing Co. (chiipmail@gtlaw.com) |
| Subject: | U.S. TRADEMARK APPLICATION NO. 86916725 - DAYTON - 059505.04030 |
| Sent: | 6/14/2016 4:01:04 PM |
| Sent As: | ECOM120@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. 86916725
MARK: DAYTON
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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: Dayton Electric Manufacturing Co.
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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: 6/14/2016
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues 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).
NEW DRAWING REQUIRED
A clear drawing of the mark is an application requirement. 37 C.F.R. §2.52. Therefore, applicant must submit a new drawing showing a clear depiction of the mark. All lines must be clean, sharp and solid, and not fine or crowded. 37 C.F.R. §§2.53(c), 2.54(e); TMEP §§807.05(c), 807.06(a).
To submit a new drawing via the Trademark Electronic Application System (TEAS), applicant must use the response form and follow the instructions regarding submission of a drawing. TMEP §807.05(a); see 37 C.F.R. §2.53(a). An applicant must submit a drawing via TEAS in jpg format, and the USPTO recommends a digitized image with a length and width no smaller than 250 pixels and no larger than 944 pixels. 37 C.F.R. §2.53(c); TMEP §807.05(c).
For drawings submitted on paper, the paper should be approximately 8.5 inches wide by 11 inches long, white, non-shiny, and include the caption “DRAWING PAGE” at the top. 37 C.F.R. §2.54(a)-(c); TMEP §807.06(a). The mark in the drawing must appear no larger than 3.15 inches (8 cm) high by 3.15 inches (8 cm) wide. 37 C.F.R. §2.54(b); TMEP §807.06(a). Further, the drawing must be made with ink or by a process that will provide a high definition when scanned. 37 C.F.R. §2.54(e); TMEP §807.06(a). A photolithographic, printer’s proof copy, or other high-quality reproduction of the mark may be used. 37 C.F.R. §2.54(e); TMEP §807.06(a).
The USPTO will not accept amendments or changes to the applied-for mark shown in a new drawing if the changes would materially alter the mark. 37 C.F.R. §2.72; see TMEP §§807.13 et seq., 807.14.
IDENTIFICATION AND CLASSIFICATION OF GOODS
The Class 6 wording “metal water tanks” in the identification of goods is indefinite and must be clarified because the purpose of the tanks is not specified, such as whether they are “industrial” water tanks or water tanks of metal for “household purposes”. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 6 wording “metal nozzles and couplings for use with plastic and rubber hoses” in the identification of goods is indefinite and must be clarified because it is not specified whether the “nozzles” are “wash down spray nozzles for commercial and industrial use”. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 6 wording “kits of metal mechanical couplings” in the identification of goods is indefinite and must be clarified because the use or purpose of the metal couplings, specifically the type of hose with which they are to be used, is not specified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 6 wording “air compressor tanks” in the identification of goods is indefinite and must be clarified because it is not specified whether the tanks are containers of metal. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 6 wording “air compressor accessories, namely, metal couplings used to attach an air tool to the compressed air system” in the identification of goods is indefinite and must be clarified because the use or purpose of the metal couplings, specifically the type of hose with which they are to be used, is not specified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 6 wording “electric fan bases, namely, metal stands for fans” in the identification of goods is indefinite and must be clarified because it is not specified whether the stands are “cask stands of metal” or “metal engine stands”. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 6 wording “electric fan trays, namely, metal housings for fans” in the identification of goods is indefinite and must be clarified because it is not clear whether the “housings” are “metal closures” or “metal storage containers”. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 6 wording “gas heater vents of metal” in the identification of goods is indefinite and must be clarified because it is not clear whether the vents are in the nature of metal roof vents for residential and commercial buildings. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 7 wording “Air compressors and parts therefor” in the identification of goods is indefinite and must be clarified because the specific “parts” provided are not specified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 7 wording “motor driven, engine driven and hand-operated fluid pumps and replacement parts therefor” in the identification of goods is indefinite and must be clarified because it is not clear whether such goods are parts of machines, motors and engines. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 7 wording “fluid solutions injectors” in the identification of goods is indefinite and must be clarified because it is not clear whether such injectors are for engines. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 7 wording “pump repair kits comprising mechanical seals and bearing assemblies and parts therefor” in the identification of goods is indefinite and must be clarified because the type of bearings is not specified, such as whether they are bearings or bearings as parts of machines. Additionally, the “parts” are not specified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 7 wording “electric motors for machines” in the identification of goods is indefinite and must be clarified because it is not established whether the fans are for “machine engines”. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 7 wording “motor arbors; motor bases; motor brackets; motor brakes; motor brushes; motor clutches; motor conduit boxes; motor conversion kits; motor mounting rings; motor mountings; motor rails; motor rainshields; motor ring adapters; motor rings; motor shaft adapters; motor speed controllers; motor springs; motor switch boxes; motor switches; fan blades; fan dampers; fan guards; fan motors; fan mounting bolts; fan shutters; pump shaft seals” in the identification of goods is indefinite and must be clarified because it is not clear whether such goods are parts of electric motors for machines. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 7 wording “arbor press stands” and “arbor presses;” in the identification of goods is indefinite and must be clarified because the nature of the goods is unclear, such as whether they are hydraulic presses for metalworking. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 7 wording “belt sanders” in the identification of goods is indefinite and must be clarified because it is not clear whether the goods are electric sanders or air-operated power tools. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 7 wording “blade welders” in the identification of goods is indefinite and must be clarified because it is not clear whether such goods are electric welding machines. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 7 wording “commercial and industrial floor sweepers” in the identification of goods is indefinite and must be clarified because it is not clear whether such goods are in the nature of electric sweepers. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 7 wording “DC gear motors” in the identification of goods is indefinite and must be clarified because it is not clear whether such goods are in the nature of electric motors for machines. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 7 wording “drill stop collars” in the identification of goods is indefinite and must be clarified because it is not established whether such goods are in the nature of bits for power drills. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 7 wording “drum mixers” in the identification of goods is indefinite and must be clarified because it is not clear whether such goods are in the nature of mixing machines. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 7 wording “machine parts, namely, air cylinder end mounts and air cylinders” in the identification of goods is indefinite and must be clarified because it is not established whether such goods are parts of compressed air machines. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 7 wording “shear and roll machines” in the identification of goods is indefinite and must be clarified because it is not clear whether such goods are in the nature of metal working machines. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 7 wording “blowers” in the identification of goods is indefinite and must be clarified because it is not clear whether the blowers are rotary blowers, power-operated blowers, or some other type of blower. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Additionally, the wording is too broad and could include goods in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. In particular, this wording could encompass hot air blowers and chimney blowers in Class 11.
The Class 7 wording “heat distributing fans” in the identification of goods is indefinite and must be clarified because it is not clear whether such goods are fans for machine engines. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Additionally, the wording is too broad and could include goods in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. In particular, this wording could encompass fan blades for ceiling fans in Class 11.
The Class 7 wording “fan blades” in the identification of goods is indefinite and must be clarified because it is not clear whether such fan blades are for ceiling fans or fans for machine engines. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Additionally, the wording is too broad and could include goods in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. In particular, this wording could encompass electric heating fans in Class 11.
The Class 7 wording “fan shutters” in the identification of goods is indefinite and must be clarified because it is not clear whether such fan shutters are for fans for machine engines. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 7 wording “dampers” in the identification of goods is indefinite and must be clarified because it is not clear whether such dampers are for a chimney, an electronic fireplace, or musical instruments. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Additionally, the wording is too broad and could include goods in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. In particular, this wording could encompass metal gas dampers in Class 6 and musical instrument dampers in Class 15. Finally, the goods are classified incorrectly. Applicant must amend the application to classify the goods in International Class 11 (or one of the other appropriate classes, such as Class 6 or Class 15, if applicable). See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b).
The Class 7 wording “stationary and movable louvers” in the identification of goods is indefinite and must be clarified because it is not clear whether such louvers are for ventilating, fireplace use, or metal louvers for guiding light. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Additionally, the wording is too broad and could include goods in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. In particular, this wording could encompass metal louvers for guiding light in Class 6. Finally, the goods are classified incorrectly. Applicant must amend the application to classify the goods in International Class 11 (or one of the other appropriate classes, such as Class 6, if applicable). See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b).
The Class 7 wording “fan guards” in the identification of goods is indefinite and must be clarified because it is not clear whether such fan guards are for fans for machine engines. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 7 goods “exhaust fan mounting roof curbs” are classified incorrectly. Applicant must amend the application to classify the goods in International Class 11. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b).
The Class 7 goods “humidifiers and dehumidifiers” are classified incorrectly. Applicant must amend the application to classify the goods in International Class 11. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b).
The Class 7 goods “electric and gas fired furnaces and heating units” and “furnace blowers and furnace blower-filter package units” are classified incorrectly. Applicant must amend the application to classify the goods in International Class 11. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b).
The Class 7 wording “ventilators and ventilating systems” in the identification of goods is indefinite and must be clarified because it is not clear whether such goods are ventilators for motors and engines, medical ventilators, or energy recovery ventilators. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Additionally, the wording is too broad and could include goods in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. In particular, this wording could encompass medical ventilators in Class 10 and energy recovery ventilators in Class 11.
The Class 7 wording “fume exhausters” in the identification of goods is indefinite and must be clarified because it is not clear whether such goods are for motors and engines. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 7 wording “hose and hose fittings” in the identification of goods is indefinite and must be clarified because it is not clear whether such goods are for vacuum cleaners, compressed-air tools, or some other type of equipment. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Additionally, the wording is too broad and could include goods in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. In particular, this wording could encompass metal hose fittings in Class 6 and fire hoses in Class 9, among many others.
The Class 7 goods “automatic gas valves” are classified incorrectly. Applicant must amend the application to classify the goods in International Class 9. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b).
The Class 7 wording “electric motors” in the identification of goods is indefinite and must be clarified because it is not clear whether such electric motors are for machines. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 7 goods “electric switches” are classified incorrectly. Applicant must amend the application to classify the goods in International Class 9. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b).
The Class 7 wording “magnetic starters” in the identification of goods is indefinite and must be clarified because it is not clear whether such goods are starters for engines. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 7 goods “transformers” are classified incorrectly. Applicant must amend the application to classify the goods in International Class 9. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b).
The Class 7 goods “capacitors” are classified incorrectly. Applicant must amend the application to classify the goods in International Class 9. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b).
The Class 7 wording “electric power plants and generators” in the identification of goods is too broad and could include goods in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. In particular, this wording could encompass electric generators in Class 7 and electric power plants in Class 11.
The Class 7 goods “electric cord sets comprising cords, extension cords, and multi-conductor cords” are classified incorrectly. Applicant must amend the application to classify the goods in International Class 9. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b).
The Class 7 goods “electric lighting fixtures” are classified incorrectly. Applicant must amend the application to classify the goods in International Class 11. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b).
The Class 7 goods “electronic speed controls for power tools” are classified incorrectly. Applicant must amend the application to classify the goods in International Class 9. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b).
The Class 7 wording “grinding wheels” in the identification of goods is indefinite and must be clarified because it is not clear whether such grinding wheels are power-operated or manually-operated. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Additionally, the wording is too broad and could include goods in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. In particular, this wording could encompass power-operated grinding wheels in Class 7 and manually-operated grinding wheels in Class 8.
The Class 7 goods “abrasive sheets, discs and belts” are classified incorrectly. Applicant must amend the application to classify the goods in International Class 3. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b).
The Class 7 wording “power transmission and take-off apparatus, namely, speed reducers, flexible transmission shafts, and clutches” in the identification of goods is indefinite and must be clarified because it is not clear whether such goods are for land vehicles or for other types of machines. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Additionally, the wording is too broad and could include goods in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. In particular, this wording could encompass transmissions for land vehicles in Class 12 and transmissions and transmission apparatuses for machines other than land vehicles in Class 7.
The Class 7 wording “motor mounts” in the identification of goods is indefinite and must be clarified because it is not clear whether such goods are engine mounts for machines other than land vehicles. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 7 wording “pillow blocks” and “bearing blocks and shaft collars” in the identification of goods is indefinite and must be clarified because it is not clear whether such goods are bearing housings for machines. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 7 wording “saw blades” in the identification of goods is indefinite and must be clarified because it is not clear whether such goods are for power saws or hand saws. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Additionally, the wording is too broad and could include goods in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. In particular, this wording could encompass power saw blades in Class 7 and hand saw blades in Class 8.
The Class 7 wording “polishing heads” in the identification of goods is indefinite and must be clarified because it is not clear whether such goods are in the nature of cylinder heads for engines. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 7 wording “oil pumps” in the identification of goods is indefinite and must be clarified because it is not clear whether such goods are oil pumps for use in motors and engines. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 9 wording “relay sockets” in the identification of goods is indefinite and must be clarified because it does not establish whether such goods are electric in nature. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 9 wording “solenoid coils” and “solenoid valves” in the identification of goods is indefinite and must be clarified because it does not establish whether such goods are in the nature of electromagnetic solenoids. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 9 wording “pump accessories, namely, pump float switch component part consisting of pump float ball” in the identification of goods is indefinite and must be clarified because it does not establish whether such goods are electronic in nature. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 9 wording “pressure control switches” and “temperature control switches” in the identification of goods is indefinite and must be clarified because it does not establish whether such goods are in the nature of switches and sensors for monitoring, controlling, and switching hydraulic or pneumatic systems. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 9 wording “temperature responsive fan controls” in the identification of goods is indefinite and must be clarified because it does not establish whether such controls are electric in nature. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 11 wording “blower shafts” in the identification of goods is indefinite and must be clarified because it does not establish the nature of the goods, such as whether they are rolled steel shafts for hot air blowers. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 11 wording “pump suction strainers” in the identification of goods is indefinite and must be clarified because it does not establish the nature of the goods, such as whether they are strainers for plumbing drains or strainers for water lines. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 11 wording “valves for water sprayers” in the identification of goods is indefinite and must be clarified because it does not establish the nature of the goods, such as whether they are water control valves for faucets. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 11 wording “modular tower lights” in the identification of goods is indefinite and must be clarified because it does not establish the nature of the goods, such as whether they are in the nature of electric lighting fixtures. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Applicant may substitute the following wording, if accurate and specified where indicated:
Class 3: abrasive sheets, discs and belts;
Class 6: Metal water tanks, namely, industrial water tanks of metal; metal wash down spray nozzles for commercial and industrial use and couplings for use with plastic and rubber hoses; kits of metal mating flange members; kits of metal mechanical couplings, namely, metal couplings for use with {indicate type of hose}; air compressor tanks, namely, containers of metal for compressed air; air compressor accessories, namely, metal couplings used to attach an air tool to the {indicate type of hose} of a compressed air system; blower supports, namely, metal brackets used with blowers to allow for multiple positioning of the blower; curb caps, namely, metal caps mounted to roof ventilators used as covers; cylinder rod clevis with pins, namely, a metal component used to attach an air cylinder to a work surface; discharge caps, namely, metal caps used with industrial roof fans used for capturing and discharging moisture; drum and barrel pump accessories, namely, metal suction tube used for the discharge of liquids from a drum or barrel; drum cradles, namely, metal brackets used to hold or store metal storage drums for ease of mobility or use; elbow pipe fittings of metal; electric fan bases, namely, metal stands for fans in the nature of cask stands of metal; electric fan trays, namely, metal housings for fans in the nature of metal closures for fans; fan mounting hardware, namely, metal brackets used in mounting fans to ceilings or walls; foot switch guards, namely, a metal box enclosing a machine foot switch so as to protect the machine operator`s foot from injury; gas heater vents of metal, namely, metal roof vents for heating in residential and commercial buildings; gear motor accessories, namely, metal brackets used for mounting gear motors in multiple positions; heater brackets, namely, metal brackets used to mount various types of heaters in different types of heating situations; hoist chain containers, namely, metal boxes attached to overhead hoists used to store excess hoist chain so as not to hang down and pose a safety hazard; linear actuator accessories, namely, metal shafts, tubes, screws, brackets and clamps to allow multiple mounting positions of AC and DC motors for machines; metal beam clamps; metal cylinder brackets for air compressors; metal drive mandrels for AC and DC motors for industrial and commercial use; metal flanges; metal roof curbs; metal roof vents for use in heating, ventilation and air conditioning systems for residential and commercial use; metal shaft collars; metal support braces for construction; milling tables, namely, cast iron table and base to support milling machines and accessories therefor, namely, metal clamps, metal studs and metal nuts; motor conversion kits comprised of metal discs that attach to AC and DC motors to allow for multiple mounting types; motor rails, namely, cast iron brackets used for floor mounting of AC and DC motors for machines; motor ring adapters, namely, metal rings used to mount AC and DC motors for machines; non-automatic metal fuel nozzles; quick couplers, namely, hose couplings made of metal used to connect pressure washer hoses to each other or to accessories such as sprayers and guns; stationary and movable metal shutters for fans; steel drums; tube heater accessories, namely, metal air inlet caps for mounting outside at the end of side wall vents; ventilator bird screens, namely, metal screens used to cover ventilation pipes to prevent birds from making nests in the pipes; ventilator hinge kits, namely, metal hinges, cable, nuts and bolts attached to ventilators allowing ventilators to be tilted for easy cleaning and inspection; venturi fan frames, namely, metal frames used for mounting direct drive fans in walls; wall collars for fans, namely, metal collars used to install vertically mounted supply and exhaust fans; hydronic heater guards, namely, metal guards to cover hydronic heaters; light traps for fans, namely, metal devices mounted on roof fans in order to prevent light from entering building structures; steel tubes for use with pumps in the nature of pump suction tubes; metal chains; chain hoist used for lifting and rigging;
Class 7: Air compressors and parts therefor, namely, {specify the actual parts}; motor driven, engine driven and hand-operated fluid pumps in the nature of pumps for parts of machines, motors and engines, and replacement parts therefor; fluid solutions injectors for engines; pump repair kits comprising mechanical seals and bearing assemblies, namely, bearings as parts of machines, and parts therefor, namely, {specify the actual parts}; electric motors for machines; fans for machine engines; pumps for motors for machines; Parts for electric motors for machines, namely,motor arbors, motor bases, motor brackets, motor brakes, motor brushes, motor clutches, motor conduit boxes, motor conversion kits, motor mounting rings, motor mountings, motor rails, motor rainshields, motor ring adapters, motor rings, motor shaft adapters, motor speed controllers, motor springs, motor switch boxes, motor switches, fan blades, fan dampers, fan guards, fan motors, fan mounting bolts, fan shutters, and pump shaft seals; AC and DC generators; adjustable speed drives for industrial machinery; air-driven, battery operated, engine driven, and motor driven air and fluid pumps for industrial and commercial use; arbor press stands, namely, a stand for an arbor press which is a hydraulic press for metalworking; arbor presses, namely, a hydraulic press used for metalworking; band saw stands; band saws; belt sanders in the nature of air-operated power tools; blade welders in the nature of electric welding machines; blower nozzles for power operated blowers; electric chain hoists; commercial and industrial floor sweepers in the nature of electric sweepers; DC gear motors in the nature of electric motors for machines; bits for power drills, namely, drill stop collars; drum mixers in the nature of mixing machines; dust collector hose for vacuum cleaners; dust collectors, namely, dust separators; electric AC gear motors; electric generators; electric starters for motors and engines; electric switches that are sold as integral component part of electric pumps; filters for use with vacuums; floor cranes; garbage disposals; linear actuator boots; linear actuators; machine parts, namely, bearings and bushings; compressed airmachine parts, namely, air cylinder end mounts and air cylinders; machine parts, namely, belt tensioners, not for land vehicles; magnetic starters for motors and engines; milling machines; motor sheaves, namely, a metal wheel or disk with a grooved rim to accommodate drive belts for machines; motor/reducer combinations, namely, a combination of a speed reducer machine and an AC or DC motor for use in industrial and commercial applications; paint tank gaskets sold as an integral component of painting spray guns; paint tanks sold as an integral component of painting spray guns; power drill presses; power operated buffing wheels; power operated buffers; pump motor adapters, namely, metal or non-metal adapters used to connect a pump to an AC or DC motor; pump motor bases, namely, metal or non-metal bases where a pump is attached in order to keep the pump in place; pump pedestals, namely, mechanical machines that attach to fluid pumps in order to convert pumps to belt driven or direct drive pump; pump spray nozzles for use in power wash systems; pump trap baskets, namely, metal and non-metal baskets used to filter liquids prior to entering a pump; pump valves; rip fences, namely, saw fences for use on table saws; roller pump PTO couplings, namely, metal components used to connect pumps to tractor drive shafts; shaft couplings for machines; metal working machines, namely, shear and roll machines; sheet metal notchers, namely, metalworking machines used to put notches in sheet metal; spray nozzles for power sprayers, namely, machine parts being parts of power-operated sprayers; vacuum attachments accessories, namely, foam sleeves, hose, nozzles, rug shoes, squeegee shoes, and wands which attach to vacuum hoses; wands, namely, metal or non-metal tubes which attach to machine hoses in order to increase the reach of the hoses; winches; wire rope manipulators, namely, a hoist lifting device for raising heavy or cumbersome objects utilizing wire rope; drive belts for machinery; power-operatedblowers; heat distributing fans in the nature of fans for machine engines; fan blades for fans for machine engines; fan shutters for fans for machine engines; fan guards for fans for machine engines; ventilators and ventilating systems for motors and engines; fume exhausters for motors and engines; hose and hose fittings for compressed air tools; gas-operated cutting torches; electric and gas welding machines; electric motors for machines; electric fans; magnetic starters for engines; electric generators; power-operatedgrinding wheels; power transmission and take-off apparatus, for machines other than land vehicles, namely, speed reducers, flexible transmission shafts, and clutches; motor mounts, namely, engine mounts other than for land vehicles; power tool stands; pillow blocks and bearing blocks and shaft collars in the nature of bearing housings for machines; industrial and commercial vacuum cleaning and pick-up units and attachments therefor; steam cleaners; power saw blades; motorized and hand operated hoists; hydraulic cranes and jacks; polishing heads in the nature of cylinder heads for engines; transmission chains, other than for land vehicles; power-operated tools, namely, grinders; electric sanders; abrasive discs for power-operated sanders; gas-operated power generator; oil pumps for use in motors and engines; fuel filters; floor polishers;
Class 9: Batteries; electric relay modules; electric relays; electric switches; electronic speed controllers for fans; fan switches; fan switches, namely, electrical switches used in turning fans on and off; heat pump elements, namely, electrical resistance heating wires; motor conduit boxes, namely, electrical junction and fuse boxes; pool junction boxes; pump control boxes, namely, electrical conduit boxes and circuit breakers used to provide electric power to one or more submersible pumps; pump controls, namely, electrical components being electrical conduit boxes and circuit breakers used to start or stop pumps; electrical relay sockets; remote control electric switches; electromagnetic solenoid coils; electromagnetic solenoid valves; automated valves, namely, unloading check valves for outlets and inlets for air compressors and pumps; pump accessories, namely, electronic pump float switch component part consisting of pump float ball; electronic controls for fluid pumps; pressure control switches for monitoring, controlling, and switching hydraulic or pneumatic systems; temperature control switches for monitoring, controlling, and switching hydraulic or pneumatic systems; time switches; humidistats; float control switches; thermostats; timers; electric control devices in the nature of temperature responsive fan controls; emergency warning lights; automatic gas valves; electric switches; transformers; capacitors; electric cord sets comprising cords, extension cords, and multi-conductor cords; electronic speed controls for power tools;
Class 11: Electric fans; air curtains, namely, cold and hot air blowers for room openings; air filters for use with heating, ventilation and air conditioning equipment; air handlers; blower shafts, namely, rolled steel shafts for belt drive hot air blowers; carpet dryers, namely, electro-mechanical units that provide airflow across a floor to speed the drying time of wet carpet or standing water; ceiling fans; circulator stands, namely, metal stands used on floor-based air circulators; non-electronic, metal or plastic dampers used in air ducts for controlling air flow; electric heating fans; electric hot air hand dryers; electric swimming pool lights; evaporator coil for air conditioning units; filter racks, namely, structural parts of heating, ventilation and air conditioning equipment in the nature of devices that hold air filters; forced air heaters; gas fired tube heaters; heat pumps; heat slingers, namely, metal devices that mount to the shaft of blowers and are used to reduce the temperature of hot air moving through the blower; hex hubs being replacement structural parts for air conditioning condensing units, namely, hexagonal shaped metal mounting devices used for fans to accommodate varying blade shaft sizes; household air cleaners; infrared heaters; inline strainers for water lines; oil-fired heaters; packaged air conditioning units; plumbing fixtures, namely, grease traps; roof top ventilators for buildings; tune-up service kits, namely, service kits for portable gas heaters comprising air filters, spark plugs, rotors, and photocells; ventilating fans for industrial and commercial use; weather hoods for fans; pump water filters; pump suction strainers, namely, strainers for plumbing drains and water lines; valves for water sprayers, namely, water control valves for faucets; refrigerators; freezers; refrigerated beverage dispensing units; electric beverage heaters; beverage-cooling apparatus; electric beverage warmers; beverage cooling and ice dispensing machines; electric lighting fixtures, namely, modular tower lights; lighting fixtures; electric hair dryers; hand-held hair dryers; exhaust and ventilating fans; dampers, namely, electronic fireplace dampers; stationary and movable louvers, namely, ventilating louvers; exhaust fan mounting roof curbs; humidifiers and dehumidifiers; electric and gas fired furnaces and heating units; furnace blowers and furnace blower-filter package units; electric power plants; electric cord sets comprising cords, extension cords, and multi-conductor cords; electric lighting fixtures.
Applicant’s goods may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods or add goods not found or encompassed by those in the original application or as acceptably amended. See TMEP §1402.06(a)-(b). The scope of the goods sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification. TMEP §§1402.06(b), 1402.07(a)-(b). Any acceptable changes to the goods will further limit scope, and once goods are deleted, they are not permitted to be reinserted. TMEP §1402.07(e).
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
MULTIPLE-CLASS APPLICATION REQUIREMENTS
(1) List the goods by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fees already paid (view the USPTO’s current fee schedule at http://www.gov.uspto.report/trademarks/tm_fee_info.jsp). The application identifies goods that are classified in at least 5 classes; however, applicant submitted a fee sufficient for only 4 classes. Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
(3) Submit verified dates of first use of the mark anywhere and in commerce for each international class.
(4) Submit a specimen for each international class. It is unclear whether the current specimen is acceptable for each international class, since applicant has submitted an unacceptable drawing.
Examples of specimens for goods include tags, labels, instruction manuals, containers, and photographs that show the mark on the actual goods or packaging, or displays associated with the actual goods at their point of sale. Webpages may also be specimens for goods when they include a picture or textual description of the goods associated with the mark and the means to order the goods.
(5) Submit a verified statement that “The specimen was in use in commerce on or in connection with the goods listed in the application at least as early as the filing date of the application.”
See 15 U.S.C. §§1051(a), 1112; 37 C.F.R. §§ 2.32(a)(6)-(7), 2.34(a)(1), 2.86(a); TMEP §§904, 1403.01, 1403.02(c).
For an overview of the requirements for a Section 1(a) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, please go to http://www.gov.uspto.report/trademarks/law/multiclass.jsp.
ASSISTANCE
/John S. Miranda/
Trademark Examining Attorney, Law Office 120
United States Patent and Trademark Office
571-272-4553
John.Miranda@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.
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $50 per international class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone without incurring this additional fee.
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.