To: | Westinghouse Air Brake Technologies Corp ETC. (trademarks@webblaw.com) |
Subject: | U.S. Trademark Application Serial No. 88607260 - V-ETMS - 4293-1906783 |
Sent: | December 12, 2019 09:12:03 AM |
Sent As: | ecom117@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88607260
Mark: V-ETMS
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Correspondence Address: |
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Applicant: Westinghouse Air Brake Technologies Corp ETC.
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Reference/Docket No. 4293-1906783
Correspondence Email Address: |
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NONFINAL 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). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: December 12, 2019
SEARCH RESULTS
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
Portions of the wording are too broad and could be classified in more than one international class. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Applicant may substitute the following wording, if accurate:
Class 9: Hardware and downloadable software and for controlling trains, namely, an on-board computer and display and software with a communication interface for monitoring and reporting train location, onboard fuel data and event recording, interaction with locomotive crew for alertness assurance and performance, railcar and locomotive rear end link status, train pacing, basic and advanced reactive enforcement, authority monitoring, automatic authority roll-up, speed monitoring, work zone safety alerts, database processing, control and display of data communication from wayside interface equipment, automatic signal upgrades, moving maps identifying location of locomotive and railcars, automatic locomotive horn sequencer, automatic video surveillance and signal overlay, and processing and communication of critical safety data for automatic authority generation, dynamic moving block data and railroad crossing activation
Class 42: Online non-downloadable software for controlling trains, namely, an on-board computer and display and software with a communication interface for monitoring and reporting train location, onboard fuel data and event recording, interaction with locomotive crew for alertness assurance and performance, railcar and locomotive rear end link status, train pacing, basic and advanced reactive enforcement, authority monitoring, automatic authority roll-up, speed monitoring, work zone safety alerts, database processing, control and display of data communication from wayside interface equipment, automatic signal upgrades, moving maps identifying location of locomotive and railcars, automatic locomotive horn sequencer, automatic video surveillance and signal overlay, and processing and communication of critical safety data for automatic authority generation, dynamic moving block data and railroad crossing activation
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.
MULTIPLE-CLASS APPLICATION REQUIREMENTS
The application identifies goods and/or services that are classified in at least 2 classes; however, applicant submitted a fee sufficient for only 1 class. In a multiple-class application, a fee for each class is required. 37 C.F.R. §2.86(a)(2), (b)(2); TMEP §§810.01, 1403.01.
Therefore, applicant must either (1) restrict the application to the number of classes covered by the fees already paid, or (2) submit the fees for each additional class.
The application identifies goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least 2 classes; however, applicant submitted a fee sufficient for only 1 class. Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
EXPLANATION OF MARK’S SIGNIFICANCE REQUIRED
Response guidelines. For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
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 nonfinal Office action.
/Karen Sulita Dindayal/
Examining Attorney
Law Office 117
571-272-8208
karen.dindayal@uspto.gov
RESPONSE GUIDANCE