To: | Sauter Feinmechanik GmbH (eteas@gbpatent.com) |
Subject: | U.S. Trademark Application Serial No. 88310502 - SAUTER SPEED TOOL - T57260 |
Sent: | March 02, 2020 10:05:14 AM |
Sent As: | ecom108@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88310502
Mark: SAUTER SPEED TOOL
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Correspondence Address: |
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Applicant: Sauter Feinmechanik GmbH
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Reference/Docket No. T57260
Correspondence Email Address: |
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EXAMINER’S AMENDMENT
Issue date: March 02, 2020
USPTO database searched; no conflicting marks found. The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
Application has been amended as shown below. As agreed to by Jeffrey H. Handelsman on February 21, 2020, the examining attorney has amended the application as shown below. Please notify the examining attorney immediately of any objections. TMEP §707. Otherwise, no response is required. Id. In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted. 37 C.F.R. §2.71(a).
PLEASE NOTE: Applicant is encouraged to e-mail the trademark examining attorney to resolve the issue raised below at Bill.Dawe@uspto.gov. Upon receipt of the e-mail accepting the amendment set forth below, the examining attorney will prepare an examiner’s amendment, enter the amendment into the databases and approve the application for publication.
IDENTIFICATION OF GOODS – CLASS 9
The wording “SOFTWARE” and “PROGRAMS” in the identification of goods is indefinite and must be clarified because it does not put consumers on notice as to the precise nature of applicant’s goods. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Without further specification, these goods cannot be properly classified. Specifically, the Class 9 “software” and “programs” do not designate that they are “downloadable”. Thus, if these items are in fact non-downloadable, they are Class 42 services, not Class 9 goods. This requirement was in in place since January of 2019. Accordingly, the Class 9 identifications for each application will have to be amended to indicate that the “software” and “programs” are “downloadable; or in the alternative, restated to conform to the requirements for non-downloadable “software” and “programs” and Class 42 added to the application.
Applicant must amend the identification to specify the common commercial or generic name of the goods. If there is no common commercial or generic name, applicant must describe the product and intended consumer as well as its main purpose and intended uses.
The Class 9 goods are amended to read as follows:
Class 9 - Industrial automation controls, in particular NC and CNC controls for machine tools of all types, and for tool turrets and tool disc turrets with computers and data processing devices connected thereto; computers; downloadable computer software for operating machine tools; measuring devices, namely, revolution counters, torguemeters, length measuring devices, vibration measuring devices, speed control devices and laser measurement apparatus; signalling devices, namely, position and torque sensors, inductive, capacitive and optical transducers, annunciators and indicator lights; supervision devices, namely, surveillance apparatus, namely, downloadable software for controlling and monitoring the actual working situation of all kind of working machines and their parts, like tool turrets; computers and downloadable computer programs for controlling, regulating and simulating manufacturing installations, industrial robots, industrial mobile platforms and tools, and tool carriers
/William H. Dawe, III/
Examining Attorney
Law Office 108
(571) 272-9337 voice
(571) 273-9337 fax
Bill.Dawe@USPTO.GOV (not for fomal responses)