To: | Veolia Nuclear Solutions Inc. (chiipdocket@michaelbest.com) |
Subject: | U.S. Trademark Application Serial No. 88386535 - T-TRAX TRAIN TANKER REMOTE ACCESS - 212544-9060 |
Sent: | February 04, 2020 12:28:55 PM |
Sent As: | ecom112@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88386535
Mark: T-TRAX TRAIN TANKER REMOTE ACCESS
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Correspondence Address:
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Applicant: Veolia Nuclear Solutions Inc.
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Reference/Docket No. 212544-9060
Correspondence Email Address: |
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FINAL OFFICE ACTION
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: February 04, 2020
This letter is in response to the correspondence filed on December 20, 2019 in which the applicant suggests amendment to the identification language. Upon review of the facts currently of record, the examiner finds the Disclaimer Statement, Amended Mark Description/Color Location Statement and Amended Color Claim Statement all acceptable. The examiner also finds the suggested amendments to the identification language do not meet the requirements raised in previous Office action. Accordingly, the requirement is hereby maintained and made FINAL for the following reasons:
FINAL REQUIREMENT for Clarification and Proper Classification of Identification Language
The applicant should note that the amended identification must specify the nature, purpose, or use of the system and its primary parts or components. The primary parts or components should be specified first in the list of the system’s parts or components. The system is classified in the same class as the primary parts or components. For example, lawn-care systems comprised of lawn mowers and herbicides are in Class 7, which is the same class as the lawn mowers; lawn-care systems comprised of herbicides, pesticides, and lawn sprinklers are in Class 5, which is the same class as the herbicides and pesticides. See TMEP §1401.05(d).
The proposed amended language appears to indicate that the primary components of the “remote access cleaning and maintenance system” are the “joysticks, pushbuttons, status screens and monitor screens to operate equipment remotely”. If this is the case, then the proposed amended identification language is misclassified in International Class 011 –as remote controllers and equipment comprising remote control systems are properly classified in International Class 009.
If the applicant unintentionally listed the remote control equipment before the actual primary components of the “Remote access cleaning and maintenance system” goods, then it must clarify the goods by (1) describing the nature, purpose, or use of the system; and (2) listing the system’s parts or components, using common generic terms and referencing the primary parts or components of the system 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).
If the applicant seeks to clarify the primary components of the system and maintain the Classification in International Class 011, it may adopt the following suggested amended wording, if accurate:
Remote access cleaning and maintenance system comprised of water filtering equipment, high pressure unit for supplying hydraulic services to the system, basket strainer, manipulator, cradle to house the manipulator, crane to position the manipulator, light, camera, spray nozzle, generator for supplying electrical services to the system, structural frame mounting device housing a boom drive and service connections, boom, trailer to house transport system and positioning apparatus all remotely operated via human-machine interface joysticks, pushbuttons, status screens, and monitor screens for use in the cleaning and purification of rail car tankers; Remote access cleaning and maintenance system comprised of water filtering equipment, high pressure unit for supplying hydraulic services to the system, basket strainer, manipulator, cradle to house the manipulator, crane to position the manipulator, light, camera, spray nozzle, generator for supplying electrical services to the system, structural frame mounting device housing a boom drive and service connections, boom, trailer to house transport system and positioning apparatus all remotely operated via human-machine interface joysticks, pushbuttons, status screens, and monitor screens for use in reducing or eliminating operator requirements with respect to cleaning, purification and maintenance of rail car tankers.
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.
ADVISORY –Response Guidelines for TEAS-Plus Applications
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 request for reconsideration of this final Office action that fully resolves all outstanding requirements and refusals and/or click to file a timely appeal to the Trademark Trial and Appeal Board (TTAB) with the required filing fee(s).
/Amy Kean/
Trademark Attorney, Law Office 112
Phone: 571-272-8854
Amy.Kean@uspto.gov
RESPONSE GUIDANCE