To: | Smart Ag, LLC (ip@brownwinick.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87514735 - AUTOCART - 24851.0005 |
Sent: | 10/6/2017 8:56:41 AM |
Sent As: | ECOM121@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 87514735
MARK: AUTOCART
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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: Smart Ag, LLC
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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. A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
ISSUE/MAILING DATE: 10/6/2017
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue 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).
IDENTIFICATION OF GOODS
Applicant must clarify the goods by (1) describing the nature, purpose, or use of the systems; and (2) listing the systems’ parts or components, using common generic terms and referencing the primary parts or components of the systems first. See 37 C.F.R. §2.32(a)(6); TMEP §§1401.05(d), 1402.01, 1402.03(a). Additionally, this wording should be classified in the same international class as the primary parts or components of the system. See TMEP §1401.05(d).
Applicant may substitute the following wording, if accurate: “navigation and positioning equipment for use with agricultural machines and equipment, namely, electronic position-signal receivers and electronic position-signal transmitters.”
The wording “including receivers, transmitters, computer hardware, computer software and sensors” in the identification of goods is indefinite because it contains the word “including” which must be deleted and replaced with a definite term, such as “namely,” “consisting of,” “particularly,” or “in particular.” See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03(a). The identification must be specific and all-inclusive. This wording is an open-ended term (e.g., “including,” “such as”) that is not acceptable because it fails to identify specific goods. See TMEP §1402.03(a).
The following are examples of acceptable identifications for software in International Class 9: “downloadable mobile applications for managing bank accounts,” “desktop publishing software,” “tax preparation software.”
Applicant may adopt the following identification, if accurate:
Class 9:
Electronic systems for electronic monitoring of agricultural machines and equipment including comprising computing components, electronic
sensors, electronic displays, software, transmitters, receivers and computer network interface devices; electronic systems for electronic control of agricultural machines and
equipment including comprising computing components, electronic sensors, electronic displays, software, transmitters, receivers and computer network
interface devices; computing hardware for use in the electronic monitoring and electronic control of agricultural machines and equipment; software for use in the electronic monitoring and electronic
control of agricultural machines and equipment; software for use in the autonomous control of agricultural machines and equipment; electronic control systems for GPS navigation of agricultural
machines and equipment including comprising computing components, electronic sensors, electronic displays, software, transmitters, receivers and network interface devices;
navigation and positioning equipment for use with agricultural machines and equipment, namely, ___ {specify common commercial name of goods, e.g., pseudolite
transmitters, electronic position-signal receivers and electronic position-signal transmitters, etc.}; electronic and computer instruments, including namely,
receivers, transmitters, computer hardware, computer software and sensors for determining the geographic locations and relative locations of agricultural machines and equipment; Global positioning
system (GPS) for use with agricultural machines and equipment including comprising computing hardware and software; wireless
communication and positioning systems for use with agricultural machines and equipment including comprising computing hardware and software; downloadable software for use
with agricultural machines and equipment for the purpose of ___ {indicate function or purpose}; computer software for importing, managing, analyzing and
exporting data related to the autonomous control of agricultural machines and equipment; Geographical mapping software for use in the control of agricultural machines and
equipment
NOTE: The above wording in bold is suggested wording, while the wording in bold italics represents instructions for applicant. Wording that has been struck through represents suggested deletions. Applicant should
follow the instructions to fill in the blanks with acceptable identifications.
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.
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.
/Uka Onuoha/
Examining Attorney
Law Office 121
(571) 270-5781
uka.onuoha@uspto.gov
TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.