To: | Triton Systems, Inc. (dwilson@tritonsystems.com) |
Subject: | U.S. Trademark Application Serial No. 88860171 - OPENORB - N/A |
Sent: | July 10, 2020 07:23:11 AM |
Sent As: | ecom122@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88860171
Mark: OPENORB
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Correspondence Address: |
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Applicant: Triton Systems, Inc.
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Reference/Docket No. N/A
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: July 10, 2020
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH OF OFFICE’S DATABASE OF MARKS
REQUIREMENT -- IDENTIFICATION OF GOODS AND SERVICES
Applicant must clarify the wording “using open source platform” in the identification of goods and/or services in International Class(es) 009 because it is indefinite. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. This wording is indefinite because it does not make clear what the goods are – information is required regarding the technology used, i.e., radar, GPS, etc. It does not appear the wording open source platform describes the technology.
Applicant may substitute the following wording, if accurate:
International Class 009
Electronic devices for locating and tracking naval assets using an open source platform and _____ [applicant must specify]; Electronic devices used to locate lost articles employing the global positioning system or cellular communication networks; Radio beacon machines and apparatus; Signalling buoys; Transponder location systems
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.
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.
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a response to this nonfinal Office action.
/Jeff Molinoff/
Jeffrey S Molinoff
US Patent & Trademark Office
Examining Attorney
Law Office 122
571.272.7290
jeffrey.molinoff@uspto.gov
RESPONSE GUIDANCE