BULKY DOCUMENTS
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`xceeds 100 pages)
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`Filed:
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`6[O2[2011 .
`
`Title: OFFICE ACTION.
`
`Par:
`
`1of
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`1
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`
`

`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`APPLICATION SERIAL NO.
`
`77955911
`
`MARK: ECO—STAR
`
`CORRESPONDENT ADDRESS:
`ANDREW N. FREDBECK
`
`*779559l1*
`
`CLICK HERE TO RESPOND TO THIS LETTER:
`
`FROSS ZELNICK LEHRMAN & ZISSU, P.C.
`866 UNITED NATIONS PLZ
`
`NEW YORK, NY 10017-1822
`
`APPLICANT:
`
`EUROCOPTER
`
`CORRESPONDENT’S REFERENCE/DOCKET
`NO:
`
`EURC 1002408
`CORRESPONDENT E-MAIL ADDRESS:
`
`OFFICE ACTION
`
`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:
`
`EXAMlNER’S SUBSEQUENT FINAL REFUSAL
`
`This action is taken on remand from the Trademark Trial and Appeal Board.
`
`The trademark examining attorney has carefully reviewed applicant’s request for reconsideration and is
`denying the request for the reasons stated below. See 37 C.F.R. §2.64(b); TMEP §§715.03(a), 715.04(a).
`The requirement(s) and/or refusal(s) made final in the Office action dated November 12, 2010 are
`maintained and continue to be final. See TMEP §§7l5.03 (a), 715.04(a).
`
`In the present case, applicant’s request has not resolved all the outstanding issue(s), nor does it raise a
`new issue or provide any new or compelling evidence with regard to the outstanding issue(s) in the final
`Office action. In addition, applicant’s analysis and arguments are not persuasive nor do they shed new
`light on the issues. Accordingly, the request is denied.
`
`The filing of a request for reconsideration does not extend the time for filing a proper response to a final
`Office action or an appeal with the Trademark Trial and Appeal Board (Board), which runs from the date
`the final Office action was issued/mailed. See 37 C.F.R. §2.64(b); TMEP §§7l5.03, 715.03(a), (c).
`
`

`
`If time remains in the six—month response period to the final Office action, applicant has the remainder of
`the response period to comply with and/or overcome any outstanding final requirement(s) and/or refusal(s)
`and/or to file an appeal with the Board. TMEP §7l5.03(a), (c). However, if applicant has already filed a
`timely notice of appeal with the Board, the Board will be notified to resume the appeal when the time for
`responding to the final Office action has expired. See TMEP §715.04(a).
`
`to the identification of goods is acceptable. The identification of goods now reads:
`The amendment
`Vehicles, namely, helicopters and rotorcrafts; structural parts for helicopters and rotorcrafts.
`
`Applicant has deleted “aircraft” from the identification of goods. Applicant contends that without the
`word “aircraft” the goods are no longer closely related to registrant’s goods.
`
`the remaining goods in applicant’s
`Nevertheless,
`registrant’s goods for the following reasons.
`
`identification of goods are still closely related to
`
`Attached are U.S. registrations for land vehicles and aircraft, helicopters and/or rotorcrafts. Although
`applicant has deleted aircraft from its identification of goods, the term aircraft in the registrations is broad
`enough to encompass helicopters and rotorcraft. In a likelihood of confusion analysis, the comparison of
`the parties’ goods and/or services is based on the goods and/or services as they are identified in the
`application and registration, without limitations or restrictions that are not reflected therein. In re Dakin ’s
`Miniatures, Inc., 59 USPQ2d 1593, 1595 (TTAB 1999); see Hewlett-Packard Co. v. Packard Press Inc. ,
`281 F.3d 1261, 1267-68, 62 USPQ2d 1001, 1004-05 (Fed. Cir. 2002); In re Thor Tech, Inc., 90 USPQ2d
`1634, 1638-39 (TTAB 2009); TMEP §1207.01(a)(iii).
`
`In this case, the identification set forth in the cited registration uses broad wording to describe registrant’s
`goods and/or services and does not contain any limitations as to nature, type, channels of trade or classes
`of purchasers. Therefore, it is presumed that the registration encompasses all goods and/or services of the
`type described, including those in applicant’s more specific identification, that the goods and/or services
`move in all normal channels of trade, and that they are available to all potential customers. See Citigroup
`Inc. v. Capital City Bank Grp., Inc., __ F.3d _, 98 USPQ2d 1253, 1261 (Fed. Cir. 2011); In re Jump
`Designs LLC, 80 USPQ2d 1370, 1374 (TTAB 2006); In re Elbaum, 211 USPQ 639, 640 (TTAB 1981);
`TMEP §1207.0l(a)(iii).
`
`Regardless of whether an applicant submits new evidence with a request for reconsideration, the
`examining attorney may introduce additional evidence directed to the issue(s) for which reconsideration is
`sought. TBMP §1207.04. See In re Davey Products Pty Ltd., 92 USPQ2d 1198 (TTAB 2009); In re Giger,
`78 USPQ2d 1405 (TTAB 2006). If the evidence is significantly different from the evidence currently of
`record, the examining attorney must issue a new final refusal, i.e., an “Examiner’s Subsequent Final
`Refusal,” with a six—month response clause. TMEP §715.03
`
`The following articles discuss car manufacturers that are also involved in aviation:
`
`http://www.flightglobal.corr1/articles/2007/0 1/ 12/21 13 86/opening-doors—car-maker-hondas—aircraft-
`
`research-and-development-facilig-gears-up-for-the.html - refers to car giant Honda’s venture into
`aviation
`
`http://corporate.honda.corn/careers/honda—companies.aspx
`http://www.seriouswhee1s.com/cars/ 1940-1949/top—1946-Saab—92001—Ursaab.htm - refers to Saab which
`manufactures automobiles and aircraft
`
`

`
`hgtp://cogporatehonda.corn/careers/honda-companies.aspx - Mitsubishi companies include Mitsubishi
`Aircraft Corporation and Mitsubishi Motors
`htm://en.wikipedia.org/wiki/Mitsubishi Aircraft Corporation - aircraft manufacturer
`http://en.wikipedia.org/wiki/Mitsubishi Motors — automaker
`
`In particular, the article found at htg://en.wikipedia.org/wiki/Daimler AG discusses Daimler AG, a
`
`German car corporation, which owns a major stake in EADS which is an aerospace corporation which
`develops and markets civilian and military aircraft. See: http://en.wikipedia.org[wiki/. EADS owns
`
`applicant Eurocopter, a global helicopter manufacturing company. See:
`http://en.wikipedia.org/wiki/Eurocopter
`
`Also attached is htt
`
`://www.daimler.corn/dccom/0-5-l292527—1—1292694-1-0-0—l292552—O—0—135-7145-
`
`
`0—O—0—0—0—0—0.html which discusses the relationship between Mercedes Benz, a car company, and
`
`applicant.
`
`Accordingly, a car company has a controlling interest in Applicant. The question of the relatedness of the
`goods identified in applicant's application and those in the cited registration is based on whether
`consumers are likely to believe that the goods emanate from a single source.
`
`The LEXISNEXIS articles appearing at the bottom of this action include an article about Honda that refers
`to it as a manufacturer of planes and cars. These articles also refer to AviChing which manufactures cars
`and helicopters. Another article refers to GKN that makes auto bodies and has part ownership of the
`largest helicopter manufacture in the world. (Note the cited registration refers to structural parts.)
`
`htt 2//www. oo 1e.com/#hl=en&su ex = sihc&xh1=t&
`
`
`kn+automotive&c =8& — &sclien— s &sou
`
`
`indicates it has an automotive and aerospace division. The following link refers to GKN Aerospace
`helicopters
`ht
`://www. oo 1e.com/#hl=en&su ex = sihc&xhr=t&
`
`
`kn+automotive&c =8& f= &sclient— s &sou
`
`
`
`Another article appearing below discusses LG International Corporation’s helicopter and truck divisions.
`LG manufactures automobiles components. hgtp://www.cbronline.com/companies/lg international corp
`
`The last article discusses United Technologies Corp. automobiles and helicopters.
`
`Accordingly, the close relationship between applicant’s goods and registrant’s goods remains even after
`deleting “aircraft”.
`
`Applicant’s mark, ECO-STAR, is essentially the same as registrant’s mark, ECOSTAR. The only
`difference is the hyphen in applicant’s mark. Both marks are compound marks consisting of ECO
`followed by STAR.
`
`Applicant’s argument that a U.S. registration for ECO-START shows dilution of ECO STAR is not
`persuasive. START and STAR have completely different meanings. Attached are definitions of STAR
`and START downloaded from GOOGLE.
`
`Applicant also relies on registrations of ECO and registrations of STAR to make the point that the
`registered mark is weak. However, applicant has not provided any registrations with ECO and STAR
`together in Class 12 not owned by the registrant because there are not any. Registrant’s mark,
`ECOSTAR, is a strong arbitrary mark as applied to the goods. Attached is a listing from Merriam-
`
`

`
`Webster dictionary that shows there is no listing for ECOSTAR. Also attached are definitions of ECO and
`STAR. The compound word ECO-STAR is fanciful and, therefore, strong.
`
`This application will be returned to the Trademark Trial and Appeal Board for resumption of the appeal.
`
`/Robert Clark/
`Robert Clark
`
`Examining Attorney
`Law Office 101
`
`571-272-9144
`fax: 571-273-9101
`
`robert.c1ark@uspto. gov
`
`LEVEL 1 - 16 OF 105 STORIES
`
`Copyright 2010 The Detroit News
`All Rights Reserved
`The Detroit News (Michigan)
`
`April 14, 2010 Wednesday
`no—dot Edition
`
`SECTION: BUSINESS; Pg. A12
`
`LENGTH: 499 words
`
`HEADLINE: Personal mobility vehicle is easy rider
`
`BYLINE: By, Christine Tierney and Scott Burgess
`
`BODY:
`
`The Detroit News
`
`Most of the gadgets invented at Honda R&D Co.'s labs in Japan never get past
`the prototype stage, and that may be the fate of the remarkable UX-3 unicycle
`that Honda Motor Co. displayed Tuesday at the Society of Automotive Engineers
`conference in Detroit.
`
`But Honda's futuristic contraptions ofien feature breakthrough technologies
`that may reappear in the Japanese manufacturer's planes, cars, motorcycles and
`other products.
`
`The UX-3 personal mobility prototype features two technologies likely to find
`real-life applications: a self-balancing mechanism that makes the UX-3
`deceptively easy to ride and a motorized wheel that can go in any direction -
`forward, backward, sideways or diagonally.
`
`In developing the UX-3, Honda's engineers tried to create a form of
`transportation that would be as versatile as walking and that could be ridden in
`crowded areas without disturbing others, said Shinichjro Kobashi of Honda R&D's
`Research Division 2.
`
`The battery-powered UX-3 is narrow, with a folding seat and retractable
`footrests, and weighs 22 pounds. Powered by a lithium ion battery, it can run
`for about an hour on a full charge, emitting a gentle whirr like a mixer.
`
`It's easy to ride.
`
`"It takes you about 20 minutes to get it completely down, where you're able
`to turn, do figure eights, and weave in and out of rows of chairs," said Rene
`Rayes, who is demonstrating the UX-3 this week at Cobo Center in Detroit.
`
`The Omni Traction Drive System, which lets the rider move in any direction by
`leaning slightly, could someday be used in wheelchairs or other equipment, said
`Honda spokesman David Iida.
`
`

`
`The UX-3 features a self-balancing mechanism designed for Honda's Asimo
`humanoid robots, first produced in 1986.
`
`In 1999, Honda began tinkering with walking devices.
`
`At last year's SAE event, it showed two easy-to-wear, lightweight
`contraptions providing gentle support for people with difiiculty walking.
`
`Once on, the UX-3 eerily holds itself up, balancing itself with tiny electric
`bursts of energy. It looks as if it's wobbling slightly, without ever advancing
`in any direction.
`
`"If you think about it, it's just doing what people do all the time," Iida
`said.
`
`"Our bodies are always measuring and adjusting to stay upright."
`
`In practice, the device tries to stay upright all the time. When the operator
`leans slightly forward, the UX-3 tries to right itself, propelling the person
`forward. If the operator leans backward, it moves backward until it is balanced.
`
`Operators can also pivot by touching their foot to the ground and letting the
`UX-3 move around that spot.
`
`With a top speed of 4 miles per hour, the UX-3 can keep up with most walkers,
`and operation is completely hands-free.
`
`Kobashi said the device was designed so operators could have steady eye
`contact with able-bodied people.
`
`It is as narrow as a typical person's width. The prototype can handle up to
`220 pounds, but, Kobashi added, it could be easily adjusted to take on larger
`proportions.
`
`ctiemey@detnews.com (313) 222-1463
`
`LOAD-DATE: April 14, 2010
`
`LEVEL 1 - GROUT‘ 3 - 1 OF 2981 US CO PROFILES
`
`Copyright 2011 Hoover's Inc., All Rights Reserved
`Hoover's Company Records - In-depth Records
`
`May 31, 2011
`
`AviChina Industry & Technology Company Limited
`
`3****IIKI|=***DESCRIPTION*¥***#***#
`
`If a car no longer satisfies that need for speed, AviChina also makes
`helicopters and jets. AviChina Industry & Technology develops, manufactures,
`and sells mini-sized vehicles, economy sedans, and vehicle engines in addition
`to the development, manufacture, and sale of aviation products. AviChina takes
`to the skies with products that include helicopters. regional jets, trainers,
`general-purpose aircraft, components, parts and other avionic products for the
`civil aviation market.
`
`¥******¥*# TANDmDUSTRY#*#t***#**
`NAICS CODES:
`336111 - Automobile Manufacturing
`336211 - Motor Vehicle Body Manufacturing
`336312 - Gasoline Engine and Engine Parts Manufacturing
`336411 - Aircraft Manufacturing
`
`COMPETITORS :
`Beiqi Foton Motor
`
`Chang'an Automobile
`
`Eurocopter
`
`

`
`INDUSTRY: NAICS336I ll AUTOMOBILE MANUFACTURING (91%); SIC371l MOTOR VEHICLES
`& PASSENGER CAR BODIES (91%)
`
`LEVEL 1 - GROUP 3 - 10 OF 2981 US CO PROFILES
`
`Copyright 2011 Hoover's Inc., All Rights Reserved
`Hoover's Company Records - In—depth Records
`
`May 31,2011
`
`GKNp1c
`
`WWI, the enterprises main businesses were steelmaking and manufacturing
`fasteners. In 1920 GKN bought John Lysaght, a maker of automobile chassis,
`wheels, and body parts.
`
`GKN expanded during the Depression, WWII, and afterward as demand for autos
`skyrocketed. During the
`
`1986. That year the company changed its name to GKN plc. In 1988 GKN
`bought a stake in Westland (helicopters, UK) and formed a joint alliance with
`Jaguar to make auto body pressings. By the end of the decade, the UK accounted
`
`administrative offices there, After nearly three years of negotiations,
`GKN merged its Westland unit with Italy-based Fimneccanica's Agusta helicopter
`unit to form Agustawestland, one of the world's largest helicopter
`manufacturers.
`
`In August 2001 GKN's industrial services division -- joint ventures CHEP
`(pallets and transportation packaging), Cleanaway (
`
`LEVEL 1 — GROUP 3 - 50 OF 2981 US CO PROFILES
`
`Copyright 2011 Multex.com, Inc., All Rights Reserved
`Market Guide Company Profiles
`Copying and redistribution prohibited. Multex obtains
`infomiation from sources deemed reliable, but does not
`warrant its accuracy and disclaims for itself and its
`information providers all liability arising from its use. No
`information provided shall constitute tax, legal, or
`investment advice, or an offer to buy or sell securities
`
`May 20, 2011
`
`LG International Corp.
`
`LG Twin Tower
`20, Yeouido-Dong
`Yeongdeungpoh—Gu
`Seoul 150-875
`South Korea
`
`*8!!!I|I******COMMUNICATIONS**********
`TELEPHONE: 82~2-37735119
`FAX: 82-2—37735836
`URL: Home Page: htgz//www.1gicor_:p.com, News Releases:
`http://www.1gicog.corn/eng/about/news/news listjsp, Investor Relations:
`http://www.lgico§p.com/engzir/ir main.jsp, Financial Information:
`http://www.lgico;_p.com/engzir/financial/f highlightjsp, Corporate
`History/Profile: ht_tp://www.lgicog.com/eng/about/info/present.jsp, Executives:
`http://Www.lgicog.com/engzir/manage/directorate.jSp, Products/Services:
`http://www.lgicogpcom/enggbusiness/b field/crude oil.jsp
`E-MAIL: ir@www.lgicor_*p.cogg Company Contact/E-mail
`**=k=l=-I=*****COMPANYn)ENT]1:‘IERSt#**1t==t=*IIrII=#
`TICKER: 001120
`ISIN: KR7001120005
`RIC: 001120.KS
`SEDOL2 6537115
`
`

`
`¥*¥***#***COMPANYINFORMATION***=|l****I|=I|I
`OPERATING STATUS: Active
`EMPLOYEES: 655 (as of December 31, 2010)
`
`COMPANY TYPE: Equity Issue
`tit**¥¥#¥#¥ExECUTIVES#*********
`CONTACT: Song Jae Kook, Chief Financial Officer, 82-2-37735010
`OFFICERS:
`
`NAME
`Yeong Bong Ha
`
`Yu Sik Kang
`
`Seong Huh
`
`Myeong Jae Yoo
`
`SOURCE
`AGE TITLE
`59 Co—Chief Executive
`NA
`Officer,
`President, Director
`62 Vice Chairman of
`the Board
`51 Chief Financial
`Officer, Managing
`Director
`58 Vice President
`
`NA
`
`NA
`
`NA
`
`START DATE
`12/2010
`
`03/12/2010
`
`03/20/2009
`
`<=l> Profiles of individual executives
`<=2> Recent insider trades
`*#*##¥***¥DESCRIPTION#**Il<***¥¥V
`
`Business Summary: LG INTERNATIONAL CORP. is engaged in the trading business. It
`operates in four business divisions. Its energy and raw materials division
`provides petroleum oils, gases, coals and nonferrous metals, and involves in
`overseas plant projects. Its industrial material I division is engaged in the
`marketing of information technology (IT) products, displays, heavy electrical
`equipment and transmission equipment, as well as helicopters and helicopter
`parts. Its industrial material II division distributes plastic resins,
`petrochemical and steel products. Its import and distribution division
`distributes wine and Italian commercial car IVECO, including dump trucks and
`tractors.(Source: 03/31/2011, ARS)
`INDUSTRY TYPE:
`Retail (Department & Discount); Services
`##*#¢Itii#*MARKETANDINDUSTRY*####*$***
`PRIMARY NAICS:
`42199 - Other Miscellaneous Durable Goods Wholesalers
`SECONDARY NAICS:
`42169 - Other Electronic Parts and Equipment Wholesalers
`42162 - Electrical Appliance, Television and Radio Set Wholesalers
`3251 1 - Petrochemical Manufacturing
`42161 - Electrical Apparatus and Equipment, Wiring Supplies and Construction
`Material Wholesalers
`441229 — All Other Motor Vehicle Dealers
`42151 - Metal Service Centers and Offices
`42261 - Plastics Materials and Basic Forms and Shapes Wholesalers
`42282 - Wine and Distilled Alcoholic Beverage Wholesalers
`42111 - Automobile and Other Motor Vehicle Wholesalers
`PRIMARY SIC:
`5099 - Durable Goods, Nec
`SECONDARY SIC:
`5065 - Electronic Parts And Equipment
`5651 - Family Clothing Stores
`2869 - Indusuial Organic Chemicals, Nec
`5063 - Electrical Apparatus/equipment
`S599 - Automotive Dealers, Nec
`5051 - Metals Service Centers/offices
`5162 — Plastics Materials & Basic Shapes
`5182 - Wine And Distilled Beverages
`5012 - Automobiles/ other Motor Vehicles
`##*#$III*#**sECURITIESINFORMATION#8I|=**I|=***III
`SECURITY TYPE: Common Stock
`EXCHANGE:
`Korea Stock Exchange
`NUMBER OF SHAREHOLDERS: 19,329
`
`FINANCIAL FOOTNOTES:
`Analyst Footnotes
`Financial Summary BRIEF: For the fiscal year ended 31 December 2010, LG
`International Corp.'s total revenues increased 31% to WI 3.50lT. Net income
`totaled W286.00B, up from W93 .44B. Revenues reflect increased demand for the
`
`

`
`company's merchandise in both foreign and domestic market. Net income also
`benefited from decreased interest expense, increased gain on disposal of equity
`method securities and increased gain under equity method.
`<=3> Return
`
`LOAD-DATE: May 25, 2011
`
`LEVEL l - GROUP 3 - 63 OF 2981 US CO PROFILES
`
`Copyright 20ll Gale Group, Inc., All Rights Reserved
`Company Briefs-Gale Group
`
`May 2, 201 1
`
`United Technologies Corp.
`
`United Technologies Bldg.
`Hartford, CT 06103-2607
`United States
`
`MSA: 3280 Hartford, CT
`iii1Iti‘Kilk##COMMUNICA'rlONS*##¥*##¥¥¥
`TELEPHONE: (860) 728-7000
`URL: www.utc.com
`*3¥*Iii113*¥COM"PANYIDE'NTIFlERS#*********
`TICKER: UTX
`CIK NO: 0000101829
`GALE COMPANY NO: 0000308903
`#*¥*******COMPANY[NFORMATION*#********
`INCORPORATION DATE: January, 1934
`LEGALSTATUS: Exporter; Importer; Public Company, Headquarters Location
`EMPLOYEES: 208,000 (Form 10-K)
`*#¥¥¥***#*ExECUTIvES#*#*******
`
`OFFICERS
`POSITION
`TITLE
`NAME
`Chief Executive Oflicer, Chief Executive Officer
`Louis R. Cheneven
`Chairman of the Board
`Senior Vice President, Chief Financial Officer
`Chief Financial Officer
`
`Gregory J. Hayes
`
`NAME
`-
`Eileen Drake
`
`-
`
`Personnel Director
`
`OTHER EXECUTIVES
`TITLE
`POSITION
`Head of Marketing, Sales
`Vice President,
`Head of MIS, Systems
`Operations
`J. Thomas Bowler Jr.
`Senior Vice President,
`Human Resources
`-
`President
`-
`Senior Vice President
`Senior Vice President,
`
`Geraud Darnis
`Charles D. Gill
`J. Michael McQuade
`Technical
`Vice President, Chief
`Information Officer
`
`Nancy Davis
`
`-
`
`-
`
`Iltlllttifii¥#*DESCRIPTION*#*#$*#**#
`United Technologies Corp. was incorporated in Delaware in 1934 and trades on the
`New York Stock Exchange. The company provides high technology products and
`services to the building systems and aerospace industries. United Technologies
`conducts its business through six principal segments: Otis, Carrier, UTC Fire
`and Security, Pratt and Whitney, Hamilton Sundstrand and Sikorsky. Among the
`company's broad range of products and services are elevators, escalators,
`commercial and industrial heating, ventilating, air conditioning (HVAC) and
`refrigeration systems and equipment, food service equipment, fire and special
`hazard detection and suppression systems and fire fighting equipment, and
`electronic security. United Technologies‘ business segments also produce
`aircraft engines, flight systems and military and commercial helicopters. As
`of December 31, 2008, the company owns 202 manufacturing facilities in North
`
`

`
`America, Europe, the Middle East and Asia. United Technologies also owns 118
`non-manufacturing facilities in those locations as well. Headquartered in
`Hartford, Conn., the company conducts its business worldwide. Manufacturing:
`Elevators, escalators, aircraft engines, heating, ventilation and
`air—conditioning, helicopters, automobiles, aircraft propellers and
`environmental control systems. Finance: holding company.
`*1!Ikikiii#19!*MARKETANDmDUSTRY#**¥¥¥¥#*#
`PRIMARY NAICS:
`336412 - Aircraft Engine and Engine Parts Manufacturing
`SECONDARY NAICS:
`333415 - Air Conditioning and Warm Air Heating Equipment and Commercial and
`Industrial Refrigeration Equipment Manufacturing
`333921 - Elevator and Moving Stairway Manufacturing
`336111 - Automobile Manufacturing
`551112 - Offices of Other Holding Companies
`PRIMARY SIC:
`3724 - Aircrafi Engines And Engine Parts
`SECONDARY SIC:
`3534 - Elevators And Moving Stairways
`3585 - Refrigeration And Heating Equipment
`371 1 - Motor Vehicles And Car Bodies
`6719 - Holding Companies, Not Elsewhere Classified
`PRODUCTS:
`Gen 2 - Integrated circuits
`Otis - Air purification systems
`Pratt & Whitney - Industrial machinery
`Sikorsky - Industrial machinery
`UTC — Appliance parts
`UTC - Aircrafi
`IIIIII**#**#**FINANCIALS*1I=#**¥1l'##*
`FISCAL YEAR DATE: December 31, 2010
`
`2010
`2009
`2008
`2007
`2006
`2005
`2004
`2003
`2002
`2001
`2000
`1999
`1998
`1997
`1996
`1995
`1994
`1993
`1992
`1991
`1990
`
`SALES (Mill USD)
`$54,326.00
`$52,920.00
`$58,681.00
`$54,759.00
`$47,829.00
`$42,725.00
`$37,445.00
`$31,034.00
`$28,212.00
`$27,897.00
`$26,583.00
`$24,127.00
`$22,809.00
`$24,713.00
`$23,512.00
`$22,802.00
`$20,801.00
`$20,736.00
`$21,641.00
`$20,840.00
`$2] ,442.00
`
`EMPLOYEES
`SOURCE
`208,000
`Fonn 10-K
`206,700
`Fonn 10-K
`223,100
`Form 10-K
`225,600
`Form 10-K
`214,500
`Form 10-K
`222,200
`Form 10-K
`210,000
`Form 10-K
`Company Press Release 203,300
`Form 10-K
`155,000
`Form 10-K
`152,000
`Form 10-K
`153,800
`Form 10-K
`148,300
`Form 10-K
`134,400
`Form 10-K
`180,100
`Company Press Release 173,800
`Annual Report
`170,600
`Form 10-K
`171,500
`Annual Report
`168,600
`Annual Report
`178,000
`Annual Report
`185,100
`Annual Report
`192,600
`
`Itrrktr-¥Il<i=It###SECURITIESmFORMATION**t#Iklkltstti
`EXCHANGEZNYSE
`*#t##¥###¥SERVICEFmMS¥#¥*¥###It¥
`AUDITOR: PricewaterhouseCoopers LLP
`
`CROSS REFERENCE:
`VARIANT NAMES:
`UT Financial Services Corp., Merger
`
`UTC, Acronym, January 6, 1998
`
`Automatic Equipment Sales of Virginia, Merger
`
`AES of Oklahoma Inc., Acquisition
`
`Specialty Equipment Companies Inc., Acquisition, November 22, 2000
`
`Sundstrand Corp., Merger
`
`

`
`Pratt and Whitney, Acquisition
`
`Hamilton Sundstrand Corp., Acquisition
`
`D and S Autotrim, Merger
`
`Chubb PLC, Acquisition, July 28, 2003
`
`Boeing Co. Rocketdyne Propulsion Div., Merger
`
`UTC
`
`United Technologies
`
`United Technology
`
`UT Financial Services Corp.
`
`LOAD-DATE: May 3, 2011
`
`Copyright 201 1 Graham & Whiteside Ltd
`The Major Companies Database
`
`April 26, 2011
`
`AviChina Industry & Technology Company llmited
`
`8/F Tower 2, 5A Rongchang East Street, Beijing Economic
`Technological Development Area
`Beijing 100009
`PEOPLE'S REPUBLIC OF CHINA
`
`II!II!I0!*Ik###**COMMUNICATlONS********#*
`TELEPHONE: 86 (10) 6409 4837
`FAX: 86 (10) 6409 4826
`URL: htgp://www.avichina.com
`E-MAIL: avichina@avichina.com
`*¥*****t¥¥COMPANYI])ENTIF]]L;RS**¥**I|=I|=**Ik
`TICKER: 02357
`ISIN: CNEl000O01Y8
`$1#¥**Itit!k*COMPANYINFORMA'I‘lON*##******ll‘
`LEGAL STATUS: Public Company
`EMPLOYEES: 26,364
`
`DATE OF ESTABLISHMENT: 2003
`no:-onart1:-orat-antn=C0RpORATESTRUC'1'URE:rtta=a=¢=o==o=4=4<
`
`PARENT COMPANY: Aviation Industry Corporation of China
`
`SUBSIDIARIES:
`Jiangxi Hongdu Aviation Industry Co Ltd (PEOPLE'S REPUBLIC OF CHINA)
`
`Jiangxi Changhe Aviation Industry Co Ltd (PEOPLE'S REPUBLIC OF CHINA)
`
`Harbin Dongan Automotive Engine Manufacturing Co Ltd (PEOPLE'S REPUBLIC OF
`CHINA)
`
`China AVIC Avionics Equipment Co Ltd (PEOPLE'S REPUBLIC OF CHINA)
`
`Harbin Aviation Industry Group Ltd (PEOPLE'S REPUBLIC OF CHINA)
`
`Harbin Dong'an Auto Engine Co Ltd (PEOPLE'S REPUBLIC OF CHINA)
`
`Hafei Aviation Industry Co Ltd (PEOPLE'S REPUBLIC OF CHINA)
`
`tn:-or¢tt¢a=ta:ExECUTIVESn<#=o=:v=*:r*:-v=*
`SENIOR EXECUTIVES:
`Bai Ping (Member)
`
`Wang Yuming (Member)
`
`

`
`Tang Jianguo (Member)
`
`Li Yuhai (Chairman)
`
`Yu Guanghai (Member)
`
`Gao Jianshe (Non-Executive Director)
`
`Li Fangyong (Non-Executive Director)
`
`Chen Yuanxian (Non-Executive Director)
`
`Wu Xiandong (Executive Director)
`
`Li Xianzong (Independent Non-Executive Director)
`
`Guo Chongqing (Independent Non-Executive Director)
`
`Maurice Savart (Non-Executive Director)
`
`Tan Ruisong (Vice Chairman)
`
`Louis Lau Chung Man (Independent Non-Executive Director)
`
`Wang Yong (Non-Executive Director)
`
`Lin Zuoming (Chaimian)
`
`Gu Huizhong (Non-Executive Director)
`
`Xu Zhanbin (Non-Executive Director)
`
`Geng Ruguang (Non-Executive Director)
`
`Zhang Xinguo (Non-Executive Director)
`
`Yan Lingxi (Company Secretary)
`
`Ni Xianping (Vice President)
`
`Zheng Qiang (Vice President)
`
`Zhang Kunhui (Vice President)
`
`*-um:-x*a¢*»«DESCRIpTION¢=«*=o=-o:-uni:-e-on
`
`PRINCIPAL ACTIVITIES:
`Research, develoment, manufacture, assembly and servicing of civilian
`aircraft including trainers and helicopters and automobiles
`
`*1l<*##¥#*** TANDmDUSTRY#$$**#*I|=**
`PRIMARY SIC:
`3721 - Aircrafi
`SECONDARY SIC:
`3714 - Motor vehicle parts and accessories
`3728 - Aircraft parts and equipment, nec
`4581 — Airports, flying fields, & services
`5088 — Transportation equipment & supplies
`*1Kit!***#FmANCIALS#¥#*#¥#¥*$
`
`FINANCIAL INFORMATION:
`Dec 31,2010
`RMBY'000
`8,013,319
`712,085
`622,973
`49,490
`RMBY0.073
`4,949,025
`7,313,879
`
`Revenue
`Profit Before Tax
`Profit After Tax
`Dividend
`Eamings Per Share
`Share Capital
`Shareholders Funds
`
`Dec 31,2009
`RMBY'000
`5,098,210
`386,756
`709,136
`-
`
`RMBY0.037
`4,643,609
`4,668,039
`
`Revenues
`EBIT
`
`1,218,825.82
`108,308.13
`
`

`
`Net Income
`Profit Margin
`Sales Per Employee
`
`94,754.19
`12.86%
`303.95
`
`V‘1333*IFIF**SECURITIESINFORMATION*$¥¥¥¥¥*#=l|
`EXCHANGE: I-IKEX
`PRINCIPAL SHAREHOLDERS:
`AVIC (61 .06%)
`
`EADS (5.00%)
`
`/Robert Clark/
`Robert Clark
`
`Examining Attorney
`Law Office 101
`
`571-272-9144
`
`fax: 571-273-9101
`
`robert.clark@uspto. gov
`
`TO RESPOND TO THIS LETTER: G0 to ht_tp://www.uspto.gov/trademarks/teas/response formsjsp. Please
`
`wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of
`the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions
`about the Office action itself, please contact the assigned trademark examining attorney. E-mail
`communications will not be accepted as responses to Office actions; therefore, do not respond to this
`Office action by e-mail.
`
`All informal e-mail communications relevant to this application will be placed in the official
`application record.
`
`WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant
`or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint
`applicants). If an applicant is represented by an attorney, the attorney must sign the response.
`
`PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does
`not miss crucial deadlines or official notices, check the status of the application every three to four months
`using Trademark Applications and Registrations Retrieval (TARR) at h@://tarr.uspto.gov/. Please keep a
`
`copy of the complete TARR screen. If TARR shows no change for more than six months, call 1-800-786-
`9199. For more information on checking status, see hfipz//www.uspto.gov/trademarks/process/status/.
`
`TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at
`
`httpz//www.uspto.gov/teas/eTEASpageE.htm.
`
`

`
`Print: May 26, 2011
`
`7604-5282
`
`DESIGN MARK
`
`Serial Number
`76045282
`
`Status
`REGISTERED
`
`Word Mark
`FUTURE
`
`Standard Character Mark
`No
`
`Registration Number
`3171797
`
`Ieflegkhyed
`2006/11/14
`
`Type of Mark
`TRADEMARK
`
`Register
`PRINCIPAL
`
`Mark Drawing code
`(3) DESIGN PLUS WORDS, LETTERS AND/OR NUMBERS
`
`thuner
`ANDERSON, KENT INDIVIDUAL UNITED STATES 925 N. Griffin Bismarck NORTH
`DAKOTA 58501
`
`Goodsfservices
`019 021 023 031 035 044.
`US
`IC 012.
`Class Status —— ACTIVE.
`Land vehicles, namely, automobiles, vans, trucks, sport utility
`vehicles,
`touring buses, motor homes, motorcycles, all-terrain
`vehicles in the nature of trucks,
`locomotives, bicycles, snowmobiles,
`race cars, and high-performance cars; aircraft, namely, airplanes,
`helicopters, amphibious airplanes, and gliders; water craft, namely,
`ships, boats, Sculls, hovercraft, sail boats, Kayaks, ferry boats,
`water scooters, personal jet boats, yachts, and run-abouts; space
`craft, namely,
`lunar rovers, shuttles, and rockets. First Use:
`2000/12/25. First Use In Commerce: 2000/12/25.
`
`G & S:
`
`Description of Mark
`The mark consists of a stylized depiction of a rocket with two planets
`on the upper left side of the rocket and a star on the upper right
`side of the rocket, and with the word "FUTURE" forming the pointed
`nose of the rock.
`
`

`
`Print: May 26, 2011
`
`76045282
`
`Filing Date
`2000/05/10
`
`Examining Attorney
`LOTT ,
`JASON
`
`

`
`

`
`Print: May 26, 2011
`
`77054200
`
`DESIGN MARK
`
`Serial Number
`77054200
`
`Status
`REGISTERE1 D
`
`Word Mark
`SILENT BPS
`
`Standard Character Mark
`Yes
`
`Registration Number
`3518820
`
`Date Registered
`2008/10/21
`
`Type of Mark
`TRADEMARK
`
`Register
`PRINCI PAL
`
`Mark Drawing code
`[4] STANDARD CHARACTER MARK
`
`Owner
`JTEKT Corporation CORPORATION JAPAN Osaka—shi 5-8, Minamisemba
`3—chome, Chuo—ku Osaka JAPAN 542-8502
`
`Goodslservices
`G & S:
`019 021 023 031 035 044.
`US
`IC 012.
`Class Status —— ACTIVE.
`Cable cars; car dampers; mine—car pushers; mine—car pullers; traction
`engine: power machineries and tools for land vehicles, namely,
`internal combustion engines for land vehicles, steam engines for land
`vehicles, jet engines for land vehicles,
`turbines for land vehicles;
`power steering gears for automobiles and structural parts therefor;
`steering gears for automobiles and structural parts therefor: power
`train parts for land vehicles, namely axles for land vehicles,
`spindles, shaft couplings and connectors for land vehicles,
`idling
`pulleys for land vehicles, reversing gears, reduction gears for land
`vehicles, belt pulleys for land vehicles, power transmission belts for
`land Vehicles,
`toothed wheels and gears for land vehicles, speed
`change gears for land vehicles, fluid couplings for land vehicles,
`hydraulic torque converters for land vehicles,
`links for land
`vehicles, roller chains for land vehicles, shock absorbers for land
`vehicles, springs for land vehicles, brakes for land vehicles;
`parachutes; burglar alarms for vehicles; wheelchairs; electric motors
`
`-1-
`
`

`
`Print: May 26, 2011
`
`77054200
`
`for land vehicles; vessels and structural parts therefor; aircraft and
`structural parts therefor; railcars and structural parts therefor;
`automobiles and structural parts therefor;
`two—wheeled motor vehicles,
`bicycles and structural parts therefor; baby carriages;
`rickshaws;
`sleighs; hand carts for handling goods; carts; horse drawn carriages;
`bicycle trailers; adhesive rubber patches for repairing tires and
`tubes.
`
`Foreign Country Name
`JAPAN
`
`Foreign Priority
`FOREIGN PRIORITY CLAIMED
`
`Foreign Application Number
`2006-78999
`
`Foreign Filing Date
`2006/08/24
`
`Foreign Registration Number
`5050857
`
`Foreign Registration Date
`2007/06/01
`
`Foreign Expiration Date
`2017/06/01
`
`Disclaimer Statement
`NO CLAIM IS MADE To THE EXCLUSIVE RIGHT To USE "EPS" APART FROM THE
`MARK AS SHOWN.
`
`Filing Date
`2006/11/30
`
`Examining Attorney
`CATALDO , CAROLYN
`
`Attorney of Record
`Paul C. Lewis
`
`

`
`
`
`

`
`Print: May 26, 2011
`
`77566891
`
`DESIGN MARK
`
`Se