e.Digital

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

APPLICATION SERIAL NO. 85674344

MARK: EXPLOROBOT GIMBAL

CORRESPONDENT ADDRESS:

DONNA J. BUNTON

NIXON & VANDERHYE P.C.

901 N GLEBE RD FL 11

ARLINGTON, VA 22203-1853

:

APPLICANT: Johnson Electric SA

CORRESPONDENT’S REFERENCE/DOCKET NO:

DJB/5459-24

CORRESPONDENT E-MAIL ADDRESS:

nixonptomail@nixonvan.com

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

STRICT DEADLINE TO RESPOND TO THIS LETTER

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.

ISSUE/MAILING DATE: 10/23/2012

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

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).

IDENTIFICATION OF GOODS

The identification of goods is indefinite and must be clarified. See TMEP §1402.01. Applicant must specify the common commercial or generic name for the goods. If there is no common commercial or generic name, applicant must describe the product and intended consumer as well as its main purpose and intended uses.

Applicant may adopt the following identification, if accurate:

“CAMERA MOUNTS AND SUPPORTS; CAMERA MOUNTS FOR AIRCRAFT; HAND HELD CAMERA MOUNTS; DIGITAL CAMERAS; DIGITAL CAMERAS FOR INDUSTRIAL USE; DIGITAL CAMERAS FOR MILITARY USE; MULTIPLE PURPOSE CAMERAS; VIDEO CAMERAS; SURVEILLANCE CAMERAS; ROBOTIC CAMERAS; MOUNTS FOR OPTICAL SYSTEMS; MOUNTING MECHANISMS FOR OPTICAL SYSTEMS FOR USE WITH UNMANNED AIRBORNE VEHICLES (UAV); HAND HELD OPTICAL DEVICES, namely, __________ [specify common commercial name] AND CAMERAS; SOLDIER OR BODY MOUNTED OPTICAL DEVICES, namely, ______________ [specify common commercial name] AND CAMERAS; HELMET MOUNTED OPTICAL DEVICES, namely, ____________ [specify common commercial name] AND CAMERAS; WEAPON MOUNTED OPTICAL DEVICES, namely, ______________ [specify common commercial name] AND CAMERAS,” in International Class 9.

An applicant may amend an identification of goods only to clarify or limit the goods; adding to or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07 et seq.

For assistance with identifying and classifying goods and/or services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual at http://tess2.uspto.gov/netahtml/tidm.html. See TMEP §1402.04.

EXPLANATION OF MARK’S SIGNIFICANCE REQUIRED

Applicant must specify whether the wording “EXPLOROBOT GIMBAL” has any significance in the state specific field or trade or industry, or as applied to the goods/services described in the application, or if such wording is a “term of art” within applicant’s industry. See 37 C.F.R. §2.61(b); TMEP §§808.01(a), 814.

Failure to respond to a request for information is an additional ground for refusing registration. See In re Cheezwhse.com, Inc., 85 USPQ2d 1917, 1919 (TTAB 2008); In re DTI P’ship LLP, 67 USPQ2d 1699, 1701 (TTAB 2003); TMEP §814.

RESPONSE GUIDELINES

For this application to proceed toward registration, applicant must explicitly address each refusal and/or requirement raised in this Office action. If the action includes a refusal, applicant may provide arguments and/or evidence as to why the refusal should be withdrawn and the mark should register. Applicant may also have other options for responding to a refusal and should consider such options carefully. To respond to requirements and certain refusal response options, applicant should set forth in writing the required changes or statements.

If applicant does not respond to this Office action within six months of the issue/mailing date, or responds by expressly abandoning the application, the application process will end, the trademark will fail to register, and the application fee will not be refunded. See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a), 2.68(a), 2.209(a); TMEP §§405.04, 718.01, 718.02. Where the application has been abandoned for failure to respond to an Office action, applicant’s only option would be to file a timely petition to revive the application, which, if granted, would allow the application to return to live status. See 37 C.F.R. §2.66; TMEP §1714. There is a $100 fee for such petitions. See 37 C.F.R. §§2.6, 2.66(b)(1).

/Naakwama S. Ankrah/

Trademark Attorney Advisor

Law Office 109

(571-272-9315