To: | Dayton Electric Manufacturing Co. (chiipmail@gtlaw.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 86916725 - DAYTON - 059505.04030 |
Sent: | 12/12/2016 6:38:10 PM |
Sent As: | ECOM120@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
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: 12/12/2016
This is a new non-final Office action in response to applicant’s communication filed on NOVEMBER 22, 2016.
In a previous Office action sent on JUNE 14, 2016, applicant was required to amend its identification and classification of goods, as well as to submit a new drawing.
Applicant satisfied the new drawing requirement. Additionally, applicant has responded to the previously issued requirements pertaining to its identification and classification of goods. Many of the entries have been amended and are now satisfactory; however, some of applicant’s amendments remain indefinite.
Furthermore, some of applicant’s amendments exceed the scope of the wording in the original identification of goods, presenting a new issue to which applicant must respond timely and completely. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
AMENDMENT OF IDENTIFICATION OF GOODS EXCEEDS SCOPE
In this case, the application originally identified the goods as follows: “motor driven, engine driven and hand-operated fluid pumps and replacement parts therefor.”
However, the proposed amendment identifies the following goods: “motor driven, engine driven and hand-operated fluid pumps and parts of machines, motors and engines, and replacement parts therefor.”
This proposed amendment is beyond the scope of the original identification because applicant uses the term “and” to add additional goods which were not part of the original ID entry, namely, “parts of machines, motors and engines”, and thereby expanding the scope of the ID entry from its original wording.
In this case, the application originally identified the goods as follows: “pressure control switches” and “temperature control switches.”
However, the proposed amendment identifies the following goods: “pressure switches as parts of
machines” and temperature control switches“temperature switches as parts of machines.”
This proposed amendment is beyond the scope of the original identification because it has removed the limiting wording “Control”, implying that applicant’s goods could include machine switches of all kinds, not just “control” switches as set forth in the original ID.
In this case, the application originally identified the goods as follows: “commercial and industrial floor sweepers in the nature of electric sweepers.”
However, the proposed amendment identifies the following goods: “commercial and industrial floor sweepers in the nature of push sweepers.”
This proposed amendment is beyond the scope of the original identification because it has removed the limiting wording “electric”, implying that applicant’s goods could include push sweepers of all kinds, not just “electric” push sweepers as set forth in the original ID.
IDENTIFICATION OF GOODS – CONTINUED AND MAINTAINED
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 specified whether such goods are part of machines, motors, and/or engines. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 7 wording “arbor presses, namely, presses used for metalworking” in the identification of goods is indefinite and must be clarified because it is not established whether applicant’s presses for machinery are “hydraulic” or “mechanical” presses. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 7 wording “hose and hose fittings for power-operated machinery” in the identification of goods is indefinite and must be clarified because the specific nature of the machinery of which the hoses and hose fittings are a part, is left unspecified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 7 wording “motor mounts, namely, bases and brackets for attaching an electric motor to a surface” in the identification of goods is indefinite and must be clarified because it is not established whether such mounts are limited to use by machines other than land vehicles. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 7 wording “fan blades for fans for machine blades” in the identification of goods is indefinite and must be clarified because it is not established whether such goods are “fan blades for fans for machines engines”. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 7 entries “fan shutters, dampers and louvers for use in HVAC systems”, “fan guards for ventilating fans”, and “ventilators and ventilating systems for use in HVAC systems” in the identification of goods are misclassified and must be properly classified in Class 11. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b). Additionally, the wording “fan guards for ventilating fans” and “ventilators and ventilating systems for use in HVAC systems” is indefinite because it is not established whether such ventilating fans are for commercial and/or industrial purposes and whether such “Systems” are in the nature of ventilating fans.
The Class 7 wording “commercial and industrial floor sweepers in the nature of push sweepers” in the identification of goods is indefinite and must be clarified because it is not established whether such goods are in the nature of electric sweepers. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 9 wording “temperature control switches” and “pressure 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 11 wording “blower shafts, namely, rolled steel shafts for power-operated belt drive blowers” in the identification of goods is indefinite and must be clarified because the nature of the “blowers”, such as whether they are “hot air blowers”, is left unspecified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 11 wording “pump suction strainers, namely, strainers for use with fluid pumps” in the identification of goods is indefinite and must be clarified because it is not established whether such “strainers” are for use with water lines and/or plumbing drains. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Class 11 wording “valves for water spravalves being parts of
water sprayers” in the identification of goods is indefinite and must be clarified because it is not established whether such valves are
water control valves for faucets, plumbing fittings in the nature of shower or tub control valves, or some other type of valve being used as part of a water sprayer.
See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Applicant may substitute the following wording, if accurate:
Class 6: Metal water tanks, namely, industrial water tanks of metal; metal spray and fuel 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 power transmission equipment; air compressor tanks, namely, containers of metal for compressed air; air compressor accessories, namely, metal couplings used to attach an air tool to a hose or fitting used in 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 pedestals of metal; electric fan trays, namely, metal housings for fans in the nature of metal enclosures 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; 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 in the nature of components for fluid pumps; pump repair kits comprising mechanical seals and bearing assemblies, namely, bearings as parts of machines; electric motors for machines; fans for machine motors and 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, 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 press for metalworking; arbor presses, namely, mechanical and hydraulic presses used for metalworking; band saw stands; band saws; electric belt sanders; 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 push 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 air machine 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-operated blowers; heat distributing fans in the nature of fans for machine engines; fan blades for fans for machine engines; fume exhausters, namely, power-operated blowers; hose and hose fittings for power-operated machinery, namely, hoses for compressed air tools and vacuum cleaners; gas-operated cutting torches; electric and gas welding machines; electric motors for machines; electric fans; magnetic starters for motors and engines; electric generators; power-operated grinding wheels; power transmission and take-off apparatus for machines other than land vehicles, namely, speed reducers, flexible transmission shafts, and clutches; motor mounts, namely, bases and brackets for attaching an electric motor, for use by a machine other than land vehicles, to a surface; 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 and fuel transfer pumps, namely, electric pumps; 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; humidistats; float control switches; thermostats; timers; electronic 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 power-operated 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 use with plumbing drains in the nature of fluid pumps; plumbing fittings in the nature of valves, specifically, being parts of water sprayers; 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; 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 lighting fixtures; fan shutters, dampers and louvers for use in HVAC systems; fan guards for ventilating fans for industrial purposes; ventilators and ventilating systems in the nature of ventilating exhaust fans for use in HVAC systems.
Applicant may amend the identification to clarify or limit the goods, but not to broaden or expand the goods beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted goods may not later be reinserted. See 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.
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.
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.
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