Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

NOTICE OF DIVISIONAL REQUEST COMPLETED

ISSUE/MAILING DATE: 3/20/2018

U.S. Serial Number  87136931

The request to divide application serial no. 87136931 filed on March 14, 2018 has been processed as follows:

(1)  Parent (original) application serial no. 87136931 contains the following goods and/or services, collective membership organization, and/or class(es):  6- Mounting systems for solar collectors comprised of structural supports and mounting rails, made of metal, stabilization on the ground, roof, posts, carports, trellis and tracking systems, solar collector supports made of metal, and clamps made of metal; solar panel mounts made of metal and metal structures for mounting solar panels for the roof, the ground, posts, carports, trellis and tracking systems; 7- Sun-tracking solar system comprised of a motorized axis tracker mechanism for sensing the position of the sun; Solar panel systems primarily comprising motors, gears and drives for orienting solar panels for use in residential, business, government and agriculture markets; 9- Solar panels for production of energy; renewable battery system to provide backup power; solar-powered rechargeable batteries; solar cells; Programmable controllers and actuators that track the sun enabling concentrating optics to maximize solar energy input; inverters; inverters for power supply  and 20- Non-metal solar panel mounts; Non-metal solar panel mounting systems comprised primarily of non-metal solar panel mounts and non-metal structures for mounting solar panels for the roof, the ground, posts, carports, trellis and tracking systems.  To avoid abandonment, applicant must continue to file requests for extension of time to file a statement of use (extension requests) or a statement of use within the six-month period after the issuance of the notice of allowance or before expiration of a previously granted extension period.  37 C.F.R. §§2.88(a), 2.89(a)-(b).

(2)  Child application serial no. 87977125 contains the following goods and/or services, collective membership organization, and/or class(es):  35- Consultation in the field of energy efficiency pertaining to solar and renewable energy; 36- Solar panel financing services; 37- Installation, maintenance and repair of solar panels and other equipment for use in converting solar energy into electricity; installation of solar energy systems and consulting related thereto  and 42- Design of solar panel systems; technology planning and consulting in the field of solar panel systems; meter data management and analysis of solar energy systems; consulting in the field of energy measurement to improve energy efficiency, namely, providing energy performance assessment and audits to determine energy efficiency of a structure.  A statement of use filed on March 14, 2018 meets the minimum filing requirements and has been placed in the child application.  The statement of use will be routed to the examining attorney for examination and, if it does not meet all the statutory requirements, the examining attorney will notify the applicant.

37 C.F.R. §2.87; see TMEP §§1110 et seq. 

Please call the undersigned with any questions.

Lori Cornish

/Lori Cornish/

Phone 571 272-9341

Fax 571 273-9341

Lori.Cornish@uspto.gov

NO RESPONSE TO THIS NOTICE IS REQUIRED.

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 Trademark Status and Document Retrieval (TSDR) at http://tsdr.gov.uspto.report/. Please keep a copy of the complete status screen.  If TSDR shows no change for more than six months, 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.

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 $125 per 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 or e-mail without incurring this additional fee.  

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED ITU STAFF MEMBER IDENTIFIED ABOVE.