To: | Carlisle Fluid Technologies, Inc. (mail-cfti@fyiplaw.com) |
Subject: | U.S. Trademark Application Serial No. 88318079 - MODEL 2100 - CFTI:0487TRA |
Sent: | July 10, 2019 11:03:53 AM |
Sent As: | ecom111@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88318079
Mark: MODEL 2100
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Correspondence Address: |
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Applicant: Carlisle Fluid Technologies, Inc.
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Reference/Docket No. CFTI:0487TRA
Correspondence Email Address: |
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The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
Issue date: July 10, 2019
This Office action is in response to applicant’s communication filed on 6/30/2019.
In a previous Office action(s) dated 5/9/2019, the trademark examining attorney refused registration of the applied-for mark based on the following: Trademark Act Sections 1, 2 and 45 for being merely a model grade designation. In addition, applicant was required to satisfy the following requirement(s): amend the identification of goods.
The following refusal(s) have also been obviated: the specimen-based model refusal is withdrawn, as applicant has amended to 1(b). See TMEP §§713.02, 714.04.
Further, the trademark examining attorney maintains and now makes FINAL the refusal(s) and/or requirement(s) in the summary of issues below. See 37 C.F.R. §2.63(b); TMEP §714.04.
SUMMARY OF ISSUES MADE FINAL that applicant must address:
The wording in the identification of goods is still indefinite, overbroad, or does not sufficiently distinguish the form or function of the goods to be proper beneath the present guidelines of the Trademark Act. Specifically, applicant should note that Class 7 is for power-operated and machine goods, whereas Class 8 is proper for manual/hand-operated goods. Thus, to be proper in Class 7, the wording “spray devices, namely, spray guns and paint guns” must be clarified as power-operated, and paint gun must have its method of use identified (such as being a spray gun).
Applicant may therefore adopt the following identification(s), if accurate. See TMEP §1402.01.
Class 7: Spray devices, namely, power-operated spray guns and paint spray guns; automatic and semi-automatic spraying machines
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.
PROPER RESPONSE TO A FINAL ACTION
Applicant must respond within six months of the date of issuance of this final Office action or the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). Applicant may respond by providing one or both of the following:
(1) a response filed using the Trademark Electronic Application System (TEAS) that fully satisfies all outstanding requirements and/or resolves all outstanding refusals; and/or
(2) an appeal to the Trademark Trial and Appeal Board filed using the Electronic System for Trademark Trials and Appeals (ESTTA) with the required filing fee of $200 per class.
37 C.F.R. §2.63(b)(1)-(2); TMEP §714.04; see 37 C.F.R. §2.6(a)(18); TBMP ch. 1200.
In certain rare circumstances, an applicant may respond by filing a petition to the Director pursuant to 37 C.F.R. §2.63(b)(2) to review procedural issues. TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters). There is a fee required for filing a petition. 37 C.F.R. §2.6(a)(15).
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.
How to respond. Click to file a response to this final Office action and/or appeal it to the Trademark Trial and Appeal Board (TTAB).
/Caitlin Watts-FitzGerald/
Trademark Examining Attorney
Law Office 111
571-272-9015
caitlin.watts-fitzgerald@uspto.gov
RESPONSE GUIDANCE