UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/082882
APPLICANT: Volkswagen of America, Inc.
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CORRESPONDENT ADDRESS: BARTH X. DEROSA STEVENS, DAVIS, MILLER & MOSHER, LLP 1615 L STREET, NW, SUITE 850 WASHINGTON, DC 20036
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom104@uspto.gov
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MARK: SIDE CURTAIN PROTECTION
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS:
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Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 76/082882
This letter responds to the applicant’s communication filed on December 12, 2002.
The substitute specimen is accepted and entered into the record. The amendment to allege use is acceptable.
The following requirement is made FINAL.
The applicant must insert a disclaimer of “SIDE CURTAIN” in the application. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.08(a)(i).
A properly worded disclaimer should read as follows:
No claim is made to the exclusive right to use “SIDE CURTAIN” apart from the mark as shown.
The applicant’s disclaimer of “SIDE” is not acceptable because “SIDE CURTAIN” is the generic industry term for the applicant’s goods. The examining attorney refers to the excerpted articles from the examining attorney’s search in a computerized data base in which SIDE CURTAIN appeared in 386 stories. See attachments.
Therefore, the disclaimer requirement is made FINAL.
Please note that the only appropriate responses to a final action are either (1) compliance with the outstanding requirements, if feasible, or (2) filing of an appeal to the Trademark Trial and Appeal Board. 37 C.F.R. §2.64(a). If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application abandoned. 37 C.F.R. §2.65(a).
/Vivian Micznik First/
Vivian Micznik First
Trademark Attorney, Law Office 114
703-308-9104 ext. 149
ecom104@uspto.gov
How to respond to this Office Action:
To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.
To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.
MAIL-IT REQUESTED: FEBRUARY 28, 2003 10083K
CLIENT:
LIBRARY: NEWS
FILE: US
YOUR SEARCH REQUEST AT THE TIME THIS MAIL-IT WAS REQUESTED:
SIDE CURTAIN AND DATE AFT JULY 2, 2002
NUMBER OF STORIES FOUND WITH YOUR REQUEST THROUGH:
LEVEL 1... 386
LEVEL 1 PRINTED
THE SELECTED STORY NUMBERS:
1,3,4,6,7,8,9,10,11,12
DISPLAY FORMAT: KWIC
MULTIPLE DOCUMENTS ON A PAGE
SEND TO: FIRST, VIVIAN
TRADEMARK LAW LIBRARY
2101 CRYSTAL PLAZA ARC
MAIL BOX 3104
ARLINGTON VIRGINIA 22202-4600
**********************************04381**********************************
Copyright 2003 Newsday, Inc.
Newsday (New York, NY)
February 28, 2003 Friday NASSAU AND SUFFOLK EDITION
SECTION: WEEK IN WHEELS,
Pg. D11
LENGTH: 1319 words
HEADLINE: You May Need a Program To Tell Wagons from SUVs
BYLINE: Tom Incantalupo
BODY:
... rollover anyway, the XC90 has a specially reinforced Boron steel roof to better resist crushing. And, in a rollover, the side-curtain air bags will stay inflated a bit longer than in a side-impact crash, to help prevent ...
... cylinder, twin turbocharged, 268 hp.
Transmission: Four-speed automatic, all-wheel-drive.
Safety: Dual front, side and curtain-type air bags; four-wheel disc brakes with antilock, brake assist, electronic pressure distribution and stability control; ...
Copyright 2003 The Times Mirror Company; Los Angeles Times
All Rights Reserved
Los Angeles Times
February 27, 2003 Thursday Home Edition
SECTION: Main News; Part 1; Page 15; National Desk
LENGTH: 690 words
HEADLINE: THE NATION;
New Safety Standards for SUVs Are Expected
BYLINE: Ricardo Alonso-Zaldivar, Times Staff Writer
DATELINE: WASHINGTON
BODY:
... in cars struck by the taller, heavier vehicles, they add.
"A happy benefit can be gained by installing side curtain air bags," agreed Robert Lange, head of safety for General Motors. But Lange urged lawmakers to allow ...
Copyright 2003 Sentinel Communications Co.
THE ORLANDO SENTINEL
February 27, 2003 Thursday, FINAL
SECTION: RIDE; Pg. F11
LENGTH: 1218 words
HEADLINE: A MINIBOOM IN FAMILY VANS;
FORD'S FREESTAR, MONTEREY LEAD WAY IN LATEST REBIRTH OF MINIVAN
BYLINE: G. Chambers Williams Iii, San Antonio Express-News
BODY:
... 4.2-liter engine will be optional in the Freestar.
Major features of the minivans include an available "Safety Canopy" side-curtain air-bag system for all three rows of seating; improved access to the third-row seat over previous ...
Copyright 2003 The Detroit News
All Rights Reserved
The Detroit News
February 26, 2003 Wednesday No dot Edition
SECTION: DRIVE; Pg. 1F
LENGTH: 1290 words
HEADLINE: Families sit well in Sienna;
New Toyota minivan offers flexible, multi-row seating
BYLINE: Anita Lienert
BODY:
... cruise control that maintains a preset distance from the vehicle ahead of you.
* Toyota says Sienna is the first minivan to offer optional side curtain air bags that protect all three rows in a crash. Anti-lock brakes are standard on all ...
Copyright 2003 The Times Mirror Company; Los Angeles Times
All Rights Reserved
Los Angeles Times
February 26, 2003 Wednesday Home Edition SECTION: Highway 1; Part 7; Page 1; Business Desk
LENGTH: 412 words
HEADLINE: FIRST DRIVE;
Mercedes S430 one smooth operator;
At a base price of $72,600, the sedan offers nimble handling and all the bells and whistles a driver wants.
BYLINE: Steven Cole Smith, Orlando Sentinel
BODY:
... no options, the test car was loaded. Features included "Airmatic" air-controlled suspension, front and side air bags with side curtains, a navigation system, a 10-speaker Bose sound system, rain-sensing wipers, the Tele Aid emergency ...
Copyright 2003 P.G. Publishing Co.
Pittsburgh Post-Gazette
February 26, 2003 Wednesday SOONER EDITION
SECTION: NATIONAL,
Pg.A-11
LENGTH: 430 words
HEADLINE: HEARING ON SUV SAFETY TO SEEK DESIGN CHANGES
BYLINE: TOM INCANTALUPO, NEWSDAY
BODY:
... some progress, lowering SUV bumpers, adding electronic stability control systems to help prevent skids and rollovers, adding side-curtain air bags to help prevent ejections in rollovers and producing more SUVs based on cars that are lighter and have lower ...
Copyright 2003 PR Newswire Association, Inc.
PR Newswire
February 26, 2003, Wednesday
SECTION: WASHINGTON DATELINE
DISTRIBUTION: TO NATIONAL, AUTO AND TRANSPORTATION EDITORS
LENGTH: 696 words
HEADLINE: Toyota Tells Senators SUVs are Safe and Getting Safer;
Safety is a Shared Responsibility
DATELINE: WASHINGTON, Feb. 26
BODY:
... now available on most
Toyota and Lexus SUV models; Toyota was one of the first in the world to
offer a side curtain shield airbag in 1998 in a passenger car for
improved head protection, which is now available in the majority of its
SUV fleet;
* Rollover sensors, to provide an additional trigger for the side curtain
shield airbags.
Copyright 2003 Journal Sentinel Inc.
Milwaukee Journal Sentinel
February 25, 2003 Tuesday ALL EDITION
SECTION: SPECIAL;
Pg. 11S
LENGTH: 920 words
HEADLINE: Volvo makes a concession to the inevitable: its own SUV
BYLINE: FRANK A. AUKOFER Special to the Journal Sentinel
BODY:
... cargo area to 11 cubic feet unless you fold some seats.
Maintaining its reputation for safety, the XC90 features side-curtain air bags that extend far enough to the rear to protect even third-seat occupants, along with a sophisticated stability ...
Copyright 2003 Newhouse News Service
All Rights Reserved
Newhouse News Service
February 25, 2003 Tuesday
SECTION: LIFESTYLE
LENGTH: 885 words
HEADLINE: Volvo's V40 Wagon Combines Safety and Practicality
BYLINE: By CHRISTOPHER JENSEN; Christopher Jensen is automotive editor for The Plain Dealer of Cleveland. He can be contacted at cjensen(at)plaind.com.
BODY:
... 70/30-split folding rear seats, an AM/FM/cassette/compact-disc player with seven speakers, side-curtain air bags and an anti-theft system.
... reputation for safety, and that shows on the V40. There are side-impact air bags to protect the chests of the front occupants, as well as side-curtain air bags that cover the front and rear side windows. They are designed to keep heads and window glass apart.
In addition to ...
Copyright 2003 Crain Communications Inc.
Automotive News
February 24, 2003, Monday
SECTION: Pg. 26
LENGTH: 677 words
HEADLINE: Toyota packs improvements into Sienna
BYLINE: Mark Rechtin
DATELINE: PALM SPRINGS, Calif.
BODY:
... range include: all-wheel drive, power rear door, engine immobilizer, moonroof, power sliding doors, power seats, removable center console, vehicle stability control, laser cruise control, side curtain airbags, run-flat tires and parking sonar. Toyota also is building a handicapped-access version.
Seating options include second-row captain's chairs, with the right-side chair able to slide together or ...