| To: | SMS TORK ENDUSTRIYEL OTOMASYON URUNLERI ETC. (nwells@legendslaw.com) |
| Subject: | U.S. Trademark Application Serial No. 88389688 - TORK - 4729.19 |
| Sent: | January 29, 2020 08:18:12 AM |
| Sent As: | ecom117@uspto.gov |
| Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
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U.S. Application Serial No. 88389688
Mark: TORK
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Correspondence Address:
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Applicant: SMS TORK ENDUSTRIYEL OTOMASYON URUNLERI ETC.
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Reference/Docket No. 4729.19
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: January 29, 2020
This Office action is in response to applicant’s communication filed on January 8, 2020.
In a previous Office action dated July 8, 2019, the trademark examining attorney refused registration of the applied-for mark based on Trademark Act Section 2(d) for a likelihood of confusion with a registered mark. In addition, applicant was required to satisfy the following requirements: amend the identification of goods, and clarify the legal nature of the applicant.
Based on applicant’s response, the trademark examining attorney notes that the following requirement to clarify the legal nature of the applicant has been satisfied. See TMEP §§713.02, 714.04.
The trademark examining attorney maintains and now makes FINAL the refusal and requirement 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:
SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION
The applied-for mark is “TORK” for the following goods:
International Class 6:
Screens made of metal for screening, filtering and similar purposes. Pressure vessels, empty tubes (LPG tubes), gas cylinders. Metal pipes for liquid and gas transport; hydraulic and pneumatic fasteners, flanges, nipples, sleeves, elbows, reductions; Mine valves (without machine or motor parts), valves, water pipe valves, metal barrel taps, ball and butterfly valves, safety shut-off three-way four-way valves, motorized ball valves, pressure valves, pressure reducers and adjusters, gas discharge valves, gas valves, valves, valves, miniature ball valves, sliding valves, radiator valves, shut-off valves, safety evacuation vans, cryogenic valves-valves, irrigation valves-valves, poppet valves-valves, directional valves-valves, safety shutoff valves, pneumatic piston valves-valves
International Class 7:
Valves as a part of the machinery, valves, solenoid valves, pneumatic piston valve drain cocks, regulators with machine parts, filters, hydraulic or pneumatic door opening and closing equipment, motors except for land vehicles, hydraulic motors, seals, machine connection and transmission components, control mechanisms for machines and motors, Sliding valves, valves, clapper valves, pressure reducers, regulators, pressure valves as machine and motor parts; hydraulic and pneumatic controls, hydraulic actuators, pneumatic actuators, pulleys, valve coils, speed reducer arrangements, drive mechanisms, torque converters Oil, fuel, combustible gas and air filters for machines and motors; Electric motors except for those for vehicles, electric actuators
International Class 9:
Control, evaluation, control, adjustment equipment, display materials testing instruments, flow, flow, level, pressure and temperature measurement control instruments used in the fields of science, laboratory, electrical, industrial and optical, hydraulic, pneumatic, Level meters, level switches, flow meters, flow sensors, level meters, level indicators, flow switches, flow indicators, flow meters, pressure switches, pressure transmitters, pressure gauges, pressure sensors, pressure gauges, thermometers (air temperature gauges) sensors, thermostats, thermocouples, dampers and sensors, electronic control panels and devices, switch boxes, positioners, position transmitters, position indicators, IP converters, proportional control panels, hydrometers, torque measuring instruments, ammeters, manometers flowmeters, regulators, circuit breakers, circuit breakers, electromagnetic coils, electrical contacts, control panels, control panels, detectors, distribution panels, electromagnetic windings, coils, solenoid valve coils, temperature indicators, water level solenoid valves, general purpose solenoid valves, valves, steam solenoid valves, fuel solenoid valves, solenoid valves, gas testers, gas testers and equipment, heating and cooling equipment parts coils, sockets, gas testers and equipment valves, solenoid valve valves, gas solenoid valve valves, compressor solenoid valve valves, stainless solenoid valve-valves, exproof solenoid valve-valves, vacuum solenoid valve-valves, pinch solenoid valve-valves, latching solenoid valve-valves, group solenoid valve-valves, petrol and fuel solenoid valves-valves, plastic solenoid valves, steel casting solenoid valves-valves, cooling solenoid valves-valves, special application solenoid valves-valves, fuel oil solenoid valves-valves, multiblock solenoid valves-valves, hydraulic solenoid valves - valves, plastic solenoid valves - valves, flanged solenoid valves - valves, manual or automatic magnetic solenoid valves
International Class 11:
Regulators and safety devices for gas appliances, safety and regulating equipment for gas and water equipment and devices, level control valves in tanks. Devices for heating and steam generating installations: Boilers (boilers), steam boilers, heat exchangers, burners, floor heating devices, water heaters, water heaters, heat pumps, electric heat pumps, water boilers, solar energy collectors and appliances; Taps, valves, valves, pneumatic piston valves, safety drain valves, pneumatic actuators, solenoid valves, photocell taps, thermostatic valves for heating installations, level control for tanks valves, regulators; fountains for automatic irrigation equipment, pipes for sanitary fittings, gas regulators, slam shutters, gas filters, gas pressure regulators, gas valves
International Class 20:
Non-machine and non-metal valves
The mark in U.S. Registration No. 1590561 is “TORK-MATE”, in stylized characters, for “pneumatically operated rotatalbe actuator for a butterfly valve used in pneumatic conveying systems” in Class 7.
The mark in U.S. Registration No. 2309904 is “K-TORK” for “Actuator products, namely, electrical or air-powered devices that manipulate valves or damper drives” in Class 9.
The mark in U.S. Registration No. 2438062 is “TORK-TITE” for “Diaphragm valves, namely, manual, pneumatic, electrically and hydraulically actuated diaphragm valves” in Class 6.
The mark in U.S. Registration No. 4461257 is “EASYTORK”, with a design element, for “Compressed air pumps; Valves as machine components; Components for compressed air machines, namely, cylinders, *and * valves; Pneumatic valve actuators; and Valves operated pneumatically; all of the foregoing used for machine automation” in Class 7.
Although not all du Pont factors may be relevant, there are generally two key considerations in any likelihood of confusion analysis: (1) the similarities between the compared marks and (2) the relatedness of the compared goods. See In re i.am.symbolic, llc, 866 F.3d at 1322, 123 USPQ2d at 1747 (quoting Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1164-65, 64 USPQ2d 1375, 1380 (Fed. Cir. 2002)); Federated Foods, Inc. v. Fort Howard Paper Co.,544 F.2d 1098, 1103, 192 USPQ 24, 29 (C.C.P.A. 1976) (“The fundamental inquiry mandated by [Section] 2(d) goes to the cumulative effect of differences in the essential characteristics of the goods [or services] and differences in the marks.”); TMEP §1207.01.
Comparison of the Marks
Marks are compared in their entireties for similarities in appearance, sound, connotation, and commercial impression. Stone Lion Capital Partners, LP v. Lion Capital LLP, 746 F.3d 1317, 1321, 110 USPQ2d 1157, 1160 (Fed. Cir. 2014) (quoting Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee En 1772, 396 F.3d 1369, 1371, 73 USPQ2d 1689, 1691 (Fed. Cir. 2005)); TMEP §1207.01(b)-(b)(v). “Similarity in any one of these elements may be sufficient to find the marks confusingly similar.” In re Inn at St. John’s, LLC, 126 USPQ2d 1742, 1746 (TTAB 2018) (citing In re Davia, 110 USPQ2d 1810, 1812 (TTAB 2014)); TMEP §1207.01(b).
In this case, the overall commercial impression of the applicant’s mark “TORK” is extremely similar to the cited registered marks “TORK-MATE”, “K-TORK”, “TORK-TITE”, and “EASYTORK”. Although marks are compared in their entireties, one feature of a mark may be more significant or dominant in creating a commercial impression. See In re Detroit Athletic Co., 903 F.3d 1297, 1305, 128 USPQ2d 1047, 1050 (Fed. Cir. 2018) (citing In re Dixie Rests., 105 F.3d 1405, 1407, 41 USPQ2d 1531, 1533-34 (Fed. Cir. 1997)); TMEP §1207.01(b)(viii), (c)(ii). Matter that is descriptive of or generic for a party’s goods is typically less significant or less dominant in relation to other wording in a mark. See Anheuser-Busch, LLC v. Innvopak Sys. Pty Ltd., 115 USPQ2d 1816, 1824-25 (TTAB 2015) (citing In re Chatam Int’l Inc., 380 F.3d 1340, 1342-43, 71 USPQ2d 1944, 1946 (Fed. Cir. 2004)).
Here, the applied-for mark and each of the cited registered marks contain the identical wording “TORK”. The applied-for mark differs from the cited registered marks in each instance because each cited registered mark contains additional wording. Although applicant’s mark does not contain the entirety of the registered marks, applicant’s mark is likely to appear to prospective purchasers as a shortened form of the registrants’ marks. See In re Mighty Leaf Tea, 601 F.3d 1342, 1348, 94 USPQ2d 1257, 1260 (Fed. Cir. 2010) (quoting United States Shoe Corp., 229 USPQ 707, 709 (TTAB 1985)). Thus, merely omitting some of the wording from a registered mark may not overcome a likelihood of confusion. See In re Mighty Leaf Tea, 601 F.3d 1342, 94 USPQ2d 1257; In re Optica Int’l, 196 USPQ 775, 778 (TTAB 1977); TMEP §1207.01(b)(ii)-(iii). In this case, applicant’s mark does not create a distinct commercial impression from the registered marks because it contains some of the wording in the registered mark and does not add any wording that would distinguish it from that mark.
Further, the similar commercial impression created by the identical dominant term is not obviated by the stylization or design elements in the cited registered marks. When evaluating a composite mark consisting of words and a design, the word portion is normally accorded greater weight because it is likely to make a greater impression upon purchasers, be remembered by them, and be used by them to refer to or request the goods. In re Aquitaine Wine USA, LLC, 126 USPQ2d 1181, 1184 (TTAB 2018) (citing In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012)); TMEP §1207.01(c)(ii). Thus, although marks must be compared in their entireties, the word portion is often considered the dominant feature and is accorded greater weight in determining whether marks are confusingly similar, even where the word portion has been disclaimed. In re Viterra Inc., 671 F.3d at 1366-67, 101 USPQ2d at 1911 (citing Giant Food, Inc. v. Nation’s Foodservice, Inc., 710 F.2d 1565, 1570-71, 218 USPQ2d 390, 395 (Fed. Cir. 1983)).
In sum, given the identical dominant terms, the applied-for mark and the four cited registered marks create a highly similar commercial impression, and consumers that encounter “TORK” and “TORK-MATE”, “K-TORK”, “TORK-TITE”, or “EASYTORK” are likely to believe that the goods emanate from the same source. Therefore, the marks are confusingly similar.
Comparison of the Goods
Applicant’s goods, listed in full above, are a variety of goods related to the flow of liquids and gases in Classes 6, 7, 9, 11, and 20.
The goods in U.S. Registration No. 1590561 are “pneumatically operated rotatalbe actuator for a butterfly valve used in pneumatic conveying systems” in Class 7.
The goods in U.S. Registration No. 2309904 are “Actuator products, namely, electrical or air-powered devices that manipulate valves or damper drives” in Class 9.
The goods in U.S. Registration No. 2438062 are for “Diaphragm valves, namely, manual, pneumatic, electrically and hydraulically actuated diaphragm valves” in Class 6.
The goods in U.S. Registration No. 4461257 are “Compressed air pumps; Valves as machine components; Components for compressed air machines, namely, cylinders, *and * valves; Pneumatic valve actuators; and Valves operated pneumatically; all of the foregoing used for machine automation” in Class 7.
In this case, the application uses broad wording to describe “hydraulic actuators”, “pneumatic actuators”, “electric actuators”, which presumably encompasses all goods of the type described, including the more narrow goods in U.S. Registration Nos. 1590561, 2309904, and 4461257, namely, “pneumatically operated rotatalbe actuator for a butterfly valve used in pneumatic conveying systems”, “Actuator products, namely, electrical or air-powered devices that manipulate valves or damper drives”, and “pneumatic valve actuators”. Similarly, the application uses broad wording to describe many kinds of valves, which presumably encompasses all goods of the type described, including the more narrow goods in U.S. Registration Nos. 2438062 and 4461257, namely, “diaphragm valves” and “valves as machine components”. See, e.g., In re Solid State Design Inc., 125 USPQ2d 1409, 1412-15 (TTAB 2018); Sw. Mgmt., Inc. v. Ocinomled, Ltd., 115 USPQ2d 1007, 1025 (TTAB 2015). Thus, applicant’s and registrants’ goods are legally identical. See, e.g., In re i.am.symbolic, llc, 127 USPQ2d 1627, 1629 (TTAB 2018) (citing Tuxedo Monopoly, Inc. v.Gen. Mills Fun Grp., Inc., 648 F.2d 1335, 1336, 209 USPQ 986, 988 (C.C.P.A. 1981); Inter IKEA Sys. B.V. v. Akea, LLC, 110 USPQ2d 1734, 1745 (TTAB 2014); Baseball Am. Inc. v. Powerplay Sports Ltd., 71 USPQ2d 1844, 1847 n.9 (TTAB 2004)).
Additionally, the goods of the parties have no restrictions as to nature, type, channels of trade, or classes of purchasers and are “presumed to travel in the same channels of trade to the same class of purchasers.” In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012) (quoting Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1268, 62 USPQ2d 1001, 1005 (Fed. Cir. 2002)). Thus, applicant’s and registrants’ goods are related.
Conclusion
Because the marks are confusingly similar and the goods are closely related, there is a likelihood of purchaser confusion as to the source of the goods. Therefore, registration is refused under Section 2(d) of the Trademark Act. 15 U.S.C. §1052(d).
IDENTIFICATION/CLASSIFICATION OF GOODS
General Considerations
The wording “valves” appears several times throughout the identification of goods. Although not necessarily discussed specifically below, applicant should note that manually operated metal valves are in Class 6; valves being machine parts and engine valves for vehicles and machinery are in Class 7; automatic control valves are in Class 9; valves for plumbing and heating and cooling installations are in Class 11; and rubber, manually operated valves are in Class 17. Therefore when amending the identification of goods, applicant should specify the nature of the “valves” to allow for proper classification as described here.
Therefore, applicant must remove the parentheses from the identification and incorporate any parenthetical or bracketed information into the description of the goods.
In general, commas should be used in an identification (1) to separate a series of related items identified within a particular category of goods or services, (2) before and after “namely,” and (3) between each item in a list of goods or services following “namely” (e.g., personal care products, namely, body lotion, bar soap, shampoo). Id. Semicolons generally should be used to separate a series of distinct categories of goods or services within an international class (e.g., personal care products, namely, body lotion; deodorizers for pets; glass cleaners). Id.
Class 6
The wording “pressure vessels” in Class 6 is classified incorrectly. Applicant must amend the application to classify the goods in Class 7. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b). Class 6 generally includes unworked and semi-worked common metals, their alloys, and ores, and most common metals in bulk form, such as pig iron and aluminum ingots. It also includes finished goods of common, i.e., non-precious, metal such as small items of metal hardware, metal building materials, and other finished goods of metal that are not otherwise classified according to function or nature of the goods. Class 7 is the class for power-driven machines and their components. Machines and tools that use a source of power, other than human muscle to activate them are found in Class 7. Generally the goods in Class 7 perform a job; they physically affect things around them in a way that does not involve heating, cooling, or purifying (Class 11), or by counting, measuring, or controlling (Class 9).
The wording “empty tubes (LPG tubes)” in Class 6 is indefinite and potentially misclassified because the nature of the goods is unclear. Applicant must specify if the goods are made of metal, to allow for proper classification in Class 6 as noted above. Applicant must also specify the nature or purpose of the goods to allow for proper classification. For example, “tubes of nickel alloys” are in Class 6, “pneumatic tube conveyors” are in Class 7, and “test tubes” are in Class 10.
The wording “gas cylinders” in Class 6 is indefinite and potentially misclassified because the nature of the goods is unclear. Applicant must specify if the goods are made of metal, to allow for proper classification in Class 6, or instead non-metal, properly classified in Class 20. Further, applicant must state whether the goods are sold empty.
The wording “elbows” in Class 6 is indefinite because the nature of the goods is unclear. Applicant must specify the nature of the goods.
The wording “reductions” in Class 6 is indefinite because the nature of the goods is unclear. Applicant must specify the nature of the goods.
The wording “Mine valves (without machine or motor parts), valves, water pipe valves, metal barrel taps, ball and butterfly valves, safety shut-off three-way four-way valves, motorized ball valves, pressure valves, pressure reducers and adjusters, gas discharge valves, gas valves, valves, valves, miniature ball valves, sliding valves, radiator valves, shut-off valves, safety evacuation vans, cryogenic valves-valves, irrigation valves-valves, poppet valves-valves, directional valves-valves, safety shutoff valves, pneumatic piston valves-valves” in Class 6 is indefinite and potentially misclassified because the nature of the goods is unclear. Further, the wording “safety evacuation vans” is indefinite because the nature of the goods is unclear. Applicant must specify the nature of the goods as well as if the goods are made of metal to allow for proper classification in Class 6, as discussed above. Finally, applicant must amend the wording to remove the duplicate wording and improper punctuation, as discussed above.
Class 7
The wording “solenoid valves”, “valve coils”, and “electric actuators” in Class 7 is classified incorrectly. Applicant must amend the application to classify the goods in Class 9. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b).
The wording “regulators with machines parts” in Class 7 is indefinite because the nature of the goods is unclear. Applicant must specify the nature of the goods.
The wording “filters” in Class 7 is indefinite because the nature of the goods is unclear. Applicant must specify the nature of the goods.
The wording “hydraulic or pneumatic door opening and closing equipment” in Class 7 is indefinite because the nature of the goods is unclear. Applicant must specify the nature of the goods.
The wording “seals” in Class 7 is indefinite and potentially misclassified because the nature of the goods is unclear. For example, “sealing caps of metal” are in Class 6, “machine parts, namely, mechanical seals” are in Class 7, and “seals as stationery” are in Class 16. Applicant must specify the nature of the goods to allow for proper classification.
The wording “machine connection and transmission components” in Class 7 is indefinite because the nature of the goods is unclear. Applicant must specify the nature of the goods.
The wording “control mechanisms for machines and motors” in Class 7 is indefinite because the nature of the goods is unclear. Applicant must specify the nature of the goods.
The wording “pressure reducers” in Class 7 is indefinite because the nature of the goods is unclear. Applicant must specify the nature of the goods.
The wording “regulators” in Class 7 is indefinite because the nature of the goods is unclear. Applicant must specify the nature of the goods.
The wording “hydraulic and pneumatic controls” in Class 7 is indefinite because the nature of the goods is unclear. Applicant must specify the nature of the goods.
The wording “pulleys” in Class 7 is indefinite and potentially misclassified because the nature of the goods is unclear. For example, “pulleys of metal, other than for machines” are in Class 6, “pulleys being parts of machines” are in Class 7, and “non-metal pulleys” are in Class 20. Applicant must specify the nature of the goods to allow for proper classification.
The wording “torque converters” in Class 7 is indefinite and potentially misclassified because the nature of the goods is unclear. For example, “torque converters, other than for land vehicles” are in Class 7, and “torque converters for land vehicles” are in Class 20. Applicant must specify the nature of the goods to allow for proper classification.
The wording “speed reducer arrangements, drive mechanisms” in Class 7 is indefinite because the nature of the goods is unclear. Applicant must specify the nature of the goods. Generally, a trademark examining attorney will recommend acceptable substitute wording for unacceptable identifications of goods. In this case, however, because the nature of the goods is unclear from the application record, the trademark examining attorney is unable to suggest any alternative wording. See TMEP §1402.01(e).
Class 9
Class 11
The wording “level control valves in tanks” in Class 11 is classified incorrectly. Applicant must amend the application to classify the goods in Class 9. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b).
The wording “Devices for heating and steam generating installations: Boilers (boilers), steam boilers, heat exchangers, burners, floor heating devices, water heaters, water heaters, heat pumps, electric heat pumps, water boilers, solar energy collectors and appliances” in Class 11 is indefinite and potentially misclassified because the nature of the goods is unclear. Class 11 contains goods characterized as “environmental control” items, such as air conditioners, air purifiers, electric heaters (exclusive of “laboratory equipment, namely, electric bath heaters” in Class 9), and electric fans. These items alter the environment in which they are used in order to perform their main functions. These items actually heat, cool, and ventilate their environs. Further, while “steam heating apparatus for industrial purposes” is in Class 11, “steam engine boilers” is in Class 7. Similarly, “heat exchangers” are classified in Class 11 when not parts of machines, and in Class 7 when parts of machines. Applicant must specify the nature of the goods to allow for proper classification.
The wording “solar energy collectors and appliances” in Class 11 is indefinite because the nature of the goods is unclear. Applicant must specify the nature of the goods.
The wording “taps” in Class 11 is indefinite and potentially misclassified because the nature of the goods is unclear. For example, “metal taps for casks” are in Class 6, “taps being parts of machines” are in Class 7, “hand tools, namely, taps” are in Class 8, and “taps for pipes and pipelines being parts of sanitary installations” are in Class 11. Applicant must specify the nature of the goods to allow for proper classification.
The wording “pneumatic piston valves, safety drain valves, pneumatic actuators, solenoid valves, photocell taps, thermostatic valves for heating installations, level control for tanks valves, regulators” in Class 11 is indefinite and potentially misclassified because the nature of the goods is unclear. Applicant must specify the nature of the goods. Generally, a trademark examining attorney will recommend acceptable substitute wording for unacceptable identifications of goods. In this case, however, because the nature of the goods is unclear from the application record, the trademark examining attorney is unable to suggest any alternative wording. See TMEP §1402.01(e).
The wording “slam shutters” in Class 11 is indefinite because the nature of the goods is unclear. Applicant must specify the nature of the goods.
The wording “gas filters” in Class 11 is indefinite and potentially misclassified because the nature of the goods is unclear. For example, “gas filters for motors and engines” are in Class 7, and “Filters and filtering devices for air and gas conditioning” are in Class 11. Applicant must specify the nature of the goods to allow for proper classification.
The wording “gas valves” in Class 11 is indefinite and potentially misclassified because the nature of the goods is unclear. While “electronic valves for controlling gas or fluids” is in Class 9, “safety accessories for gas pipes, namely, flashback arrestors and reverse flow check valves” are in Class 11. Applicant must specify the nature of the goods to allow for proper classification.
Applicant may substitute the following wording, if accurate (suggestions in bold, comments in bold italic):
International Class 6:
Screens made of metal for screening and filtering; Empty tubes, made of metal, for liquefied petroleum gas; Metal gas cylinders, sold empty; Metal pipes for liquid and gas transport; Metal hydraulic and pneumatic fasteners, flanges, nipples, sleeves, elbows for pipes; Metal reductions, namely, {applicant must specify the nature or provide the common commercial name of the goods}; Metal valves not being parts of machines, namely, mine valves, water pipe valves, metal barrel taps, ball and butterfly valves, safety shut-off three-way four-way valves, motorized ball valves, pressure valves, pressure reducers and adjusters, gas discharge valves, gas valves, miniature ball valves, sliding valves, radiator valves, shut-off valves, safety evacuation valves, cryogenic valves, irrigation valves, poppet valves, directional valves, safety shutoff valves, pneumatic piston valves
International Class 7:
Pressure vessels; Valves being parts of machines; Pneumatic piston valve drain cocks; Regulators being parts of machines; Filters for {specify type of machine or industry} machines; Hydraulic or pneumatic door opening and closing equipment, namely, {specify nature of goods, e.g., motors, jacks, etc.}; Motors except for land vehicles; Hydraulic motors; Mechanical seals; Machine connection and transmission components, namely, {specify nature or common commercial name of the goods}; Control mechanisms for machines and motors, namely, {specify nature or common commercial name of the goods}; Pressure reducers as parts of machines; Regulators being parts of machines; Pressure valves as machine and motor parts; Hydraulic and pneumatic controls for machines, motors, and engines; Hydraulic actuators, pneumatic actuators; Pulleys being parts of machines; Speed reducer arrangements, namely, {specify nature or common commercial name of the goods}; Drive mechanisms, namely, {specify nature or common commercial name of the goods}; Torque converters other than for land vehicles; Oil, fuel, combustible gas and air filters for machines and motors; Electric motors except those for vehicles
International Class 9:
Solenoid valves; Valve coils; Electric actuators; Level control valves in tanks; {As stated above, the remaining wording in Class 9 requires amendment. See notes above for suggestions} Control, evaluation, control, adjustment equipment, display materials testing instruments, flow, flow, level, pressure and temperature measurement control instruments used in the fields of science, laboratory, electrical, industrial and optical, hydraulic, pneumatic, Level meters, level switches, flow meters, flow sensors, level meters, level indicators, flow switches, flow indicators, flow meters, pressure switches, pressure transmitters, pressure gauges, pressure sensors, pressure gauges, thermometers (air temperature gauges) sensors, thermostats, thermocouples, dampers and sensors, electronic control panels and devices, switch boxes, positioners, position transmitters, position indicators, IP converters, proportional control panels, hydrometers, torque measuring instruments, ammeters, manometers flowmeters, regulators, circuit breakers, circuit breakers, electromagnetic coils, electrical contacts, control panels, control panels, detectors, distribution panels, electromagnetic windings, coils, solenoid valve coils, temperature indicators, water level solenoid valves, general purpose solenoid valves, valves, steam solenoid valves, fuel solenoid valves, solenoid valves, gas testers, gas testers and equipment, heating and cooling equipment parts coils, sockets, gas testers and equipment valves, solenoid valve valves, gas solenoid valve valves, compressor solenoid valve valves, stainless solenoid valve-valves, exproof solenoid valve-valves, vacuum solenoid valve-valves, pinch solenoid valve-valves, latching solenoid valve-valves, group solenoid valve-valves, petrol and fuel solenoid valves-valves, plastic solenoid valves, steel casting solenoid valves-valves, cooling solenoid valves-valves, special application solenoid valves-valves, fuel oil solenoid valves-valves, multiblock solenoid valves-valves, hydraulic solenoid valves - valves, plastic solenoid valves - valves, flanged solenoid valves - valves, manual or automatic magnetic solenoid valves
International Class 11:
Regulators and safety devices for gas appliances, safety and regulating equipment for gas and water equipment and devices; Devices for heating and steam generating installations, namely, heating boilers, steam heating apparatus for industrial purposes, heat exchangers not being parts of machines, {specify nature of burner, e.g., gas, laboratory, etc.} burners, floor heating devices, water heaters, heat pumps, electric heat pumps, and solar energy collectors and appliances, namely, {specify nature of the goods, e.g., solar energy receivers, solar energy based cooling apparatus, etc.}; Taps, namely, {specify the nature or common commercial name of the goods, e.g., taps for washstands, taps for pipes and pipelines being parts of sanitary installations, etc.}; Fountains for automatic irrigation equipment, pipes for sanitary fittings, gas regulators; Slam shutters, namely, {specify the nature or common commercial name of the goods}; Gas filters, namely, filters for gas conditioning; Gas pressure regulators; Safety accessories for gas pipes, namely, gas valves; {As stated above, the remaining wording in Class 9 requires amendment. See notes above for suggestions} pneumatic piston valves, safety drain valves, photocell taps, thermostatic valves for heating installations
International Class 20:
Non-metal valves, other than parts of machines
For assistance with identifying and classifying goods 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.
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).
Sagar Vengurlekar
/Sagar Vengurlekar/
Trademark Examining Attorney
Law Office 117
Phone: (571) 272-5396
Sagar.Vengurlekar@uspto.gov
RESPONSE GUIDANCE