To: | Navitas Systems (LMcFarland-Taylor@sbcglobal.net) |
Subject: | U.S. Trademark Application Serial No. 88511498 - CENTURION - N/A |
Sent: | October 29, 2019 06:26:21 AM |
Sent As: | ecom107@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88511498
Mark: CENTURION
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Correspondence Address: 547 Creekside Drive, Suite 304
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Applicant: Navitas Systems
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Reference/Docket No. N/A
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: October 29, 2019
This letter responds to the applicant's communication filed on October 1, 2019.
The examining attorney has reviewed the applicant’s response carefully and has made final the refusals/requirements in the Office Action dated September 28, 2019.
IDENTIFICATION OF GOODS – MAINTAINED AND MADE FINAL
The accuracy of identification language is of particular importance because, while an identification may be limited or clarified, no addition to, or expansion of, an identification is permitted. See 37 C.F.R. §2.71(b); TMEP §1402; In re M.V Et Associes, 21 USPQ2d 1628 (Comm'r Pats. 1991).
In this case, the application originally identified the goods as follows: “Battery system, namely, a lithium battery or batteries for use in forklift trucks.”
However, the proposed amendment identifies the following goods: “Battery system, namely, a lithium battery or batteries for use in forklift trucks; Battery chargers.”
The portion of the proposed amendment, “Battery chargers”, is beyond the scope of the original identification because the original identification contained batteries for use in forklift trucks only. Therefore, the addition of “battery chargers” to the application expands the scope of the recitation of goods.
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 request for reconsideration that fully resolves all outstanding requirements and refusals; and/or
(2) An appeal to the Trademark Trial and Appeal Board with the required filing fees.
TMEP §715.01; see 37 C.F.R. §2.63(b)(1)-(2).
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)
/Kelly J. Trusilo/
Trademark Examining Attorney
Law Office 107
571-272-8976
kelly.trusilo@uspto.gov
RESPONSE GUIDANCE