To: | Raytheon Technologies Corporation (TM-CT@cantorcolburn.com) |
Subject: | U.S. Trademark Application Serial No. 90133169 - PRATT & WHITNEY GTF ADVANTAGE - UT120053TUS |
Sent: | December 26, 2020 03:54:49 PM |
Sent As: | ecom121@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 Attachment - 18 Attachment - 19 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90133169
Mark: PRATT & WHITNEY GTF ADVANTAGE
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Correspondence Address: |
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Applicant: Raytheon Technologies Corporation
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Reference/Docket No. UT120053TUS
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 26, 2020
SEARCH OF USPTO DATABASE OF MARKS
I. IDENTIFICATION OF GOODS AND SERVICES
Certain wording in the identification of goods and services is indefinite and overly broad, and therefore could include a wide array of goods and services, including goods and services found in other international classes, as indicated below. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must amend the identification to specify the common commercial or generic name of the goods and services. See TMEP §1402.01. If the services have no common commercial or generic name, applicant must describe or explain the nature of the goods and services using clear and succinct language. See id. More specifically, the wording “aircraft engine parts” is indefinite and overly broad as to the nature of the goods provided and requires further clarification. Although engine parts are generally in Class 007, this wording also includes goods like hoses for engines in Class 017. See Term ID Note 007-3976 in the U.S. Acceptable Identification of Goods and Services Manual.
Applicant may substitute the following wording, if accurate:
International Class 007
Aircraft engines, and structural and replacement parts therefor; gas turbine engines, not for land vehicles, and structural and replacement parts therefor; aircraft engine parts, namely, {specify particular engine parts provided, e.g. filters parts of internal combustion engines in the nature of filters being parts of engines, compressors as parts of engines, pumps as parts of engines, taps being parts of engines, condensers, heat exchangers, coils, contact points, manifolds, particulate filters, fuel and air mixture regulators, nitrogen oxide traps for exhaust systems, rocker arms, push rods, oil coolers, crankcase breathers, oil tanks, engine heads, pistons, electronic fuel injection modules, intercoolers, oil dipsticks, engine seals, engine cases, distributor rotors, distributor caps, gas generators for powering jet engines being a component of jet engines, and replacement parts therefor}
(Add Class) International Class 017
Aircraft engine parts, namely, flexible hoses, not of metal, for engines
International Class 036
Providing extended warranty services on aircraft engines; providing extended warranties on maintenance, repair, overhaul, conversion and servicing of aircraft engines
International Class 039
Rental of aircraft engines
See TMEP §1402.01.
Applicant’s goods and services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and services or add goods and services not found or encompassed by those in the original application or as acceptably amended. See TMEP §1402.06(a)-(b). The scope of the goods and services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification. TMEP §§1402.06(b), 1402.07(a)-(b). Any acceptable changes to the goods and services will further limit scope, and once goods and services are deleted, they are not permitted to be reinserted. TMEP §1402.07(e).
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.
Applicant should note the multiple-class application requirements provided below.
II. MULTIPLE-CLASS APPLICATION REQUIREMENTS
(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 fees already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least four classes; however, applicant submitted fees sufficient for only three classes. 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 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c).
For 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, see the Multiple-class Application webpage.
Applicant should note the additional requirement stated below.
A mark consisting of an abbreviation, initialism, or acronym will be considered substantially synonymous with descriptive wording if:
(1) the applied-for mark is an abbreviation, initialism, or acronym for specific wording;
(2) the specific wording is merely descriptive of applicant’s goods and/or services; and
(3) a relevant consumer viewing the abbreviation, initialism, or acronym in connection with applicant’s goods and/or services will recognize it as the equivalent of the merely descriptive wording it represents.
TMEP §1209.03(h); see In re Thomas Nelson, Inc., 97 USPQ2d at 1715-16 (citing In re Harco Corp., 220 USPQ 1075, 1076 (TTAB 1984)).
In the present case, the attached evidence from Research Gate, ASME, Harvard, and Aerospace America shows that applicant’s mark “GTF” is an abbreviation for the wording “geared turbofan.” The attached evidence from Aerospace America, Forbes, Joe Smith, and Aviation Pros shows this wording refers to a characteristic and feature of applicant’s aircraft engines and related maintenance or warranty services rendered by the applicant for its geared turbofan products. Thus, the wording merely describes applicant’s goods and/or services and must be disclaimed.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “GTF” apart from the mark as shown.
For an overview of disclaimers and instructions on how to provide one using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
Applicant should note the response guidelines provided below.
IV. 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.
/Amer Raja/
Amer Raja
Examining Attorney
Law Office 121
(571) 270 5936
amer.raja@uspto.gov
RESPONSE GUIDANCE