UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/319531
APPLICANT: DIRAK Dieter Ramsauer Konstruktionseleme ETC.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: DIRAK
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: |
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 76/319531
This letter responds to the applicant’s communication filed on October 4, 2004.
The applicant (1) amended the identifications of goods in International Classes 6, 8, and 20; and (2) added a color claim and color description statement. No. (2) is acceptable. No. (1) is acceptable, in part. The amended identification of goods in International Class 8 is acceptable and has been entered into the record.
1. Identification of Goods in International Class 6
a. The wording “for use on containers, metal cabinets, casings for doors; covers and protection windows made from metal” in the identification of goods is unacceptable as indefinite. It is unclear whether the semi-colon between “doors” and “covers” is used to designate separate goods, or whether the various “closures” are also for covers and protection windows. Further, it is unclear what goods the wording “from metal” is meant to modify. The applicant may amend this wording to “for use on containers, metal cabinets, casings for doors, [indicate type(s) of covers] covers, and metal protection windows,” if accurate. TMEP §1402.01.
b. The applicant must clarify the identification of goods by indicating the type(s) of “covers” on which the closures are used. TMEP §1402.01.
c. The wording “for use on containers, metal cabinets, casings for doors, covers and windows and metal bar locks” in the identification of goods is unacceptable as indefinite. In this case, it is unclear whether “metal bar locks” are separate goods or goods on which the hinges and handles are used. The applicant may amend this wording to “for use on containers, metal cabinets, casings for doors, [indicate type(s) of covers] covers, windows, and metal bar locks,” if accurate. TMEP §1402.01.
d. The applicant must clarify the identification of goods by indicating that all of the goods that follow “metal accessories” are made of metal. TMEP §1402.01. The punctuation used throughout the identification makes it difficult to determine whether the goods are metal or non-metal.
e. The wording “turn tension closures” appears twice in the identification. If there is no difference between the two, then one of the references must be deleted. If the goods are different, then the second reference near the end of the identification must be amended to indicate what the “closures” are used on.
f. The applicant may adopt the following identification of goods in International Class 6, if accurate: Ironmongery and small items of metal hardware, namely, screws, nuts, bolts, pins, rivets, retaining rings, washers, serrated washers, rollers, bushings, and springs; door fittings of metal, namely, door hinges and door handles; fittings of metal for sheet metal cabinets, namely, hinges and handles; non-electric locks of metal, namely, box-type bolt locks, bar locks, slam locks, snap locks, pad locks, and bolts for locks; metal quick closures for use on containers, metal cabinets, casings for doors, [indicate type(s) of covers] covers, and metal protection windows; metal snap closures for use on containers, metal cabinets, casings for doors, [indicate type(s) of covers] covers, and metal protection windows; metal swing-handle closures for use on containers, metal cabinets, casings for doors, [indicate type(s) of covers] covers, and metal protection windows; ball catches of metal; metal bridge clamp closures for use on containers, metal cabinets, casings for doors, [indicate type(s) of covers] covers, and metal protection windows; metal slam latch closures for use on containers, metal cabinets, casings for doors, [indicate type(s) of covers] covers, and metal protection windows; metal turn tension closures for use on containers, metal cabinets, casings for doors, [indicate type(s) of covers] covers, and metal protection windows; metal bar closures for sheet metal cabinets; hinges of metal, namely, clamped on hinges, concealed hinges, screw on hinges, profile type hinges, hinges for serial cabinets, weld-on strip-roll hinges, hinges with bushings, and 3-dimensional hinges for use on containers, metal cabinets, casings for doors, [indicate type(s) of covers] covers, windows, and metal bar locks; knob handles of metal for use on containers, metal cabinets, casings for doors, [indicate type(s) of covers] covers, windows, and metal bar locks; door handles of metal for use on containers, metal cabinets, casings for doors, [indicate type(s) of covers] covers, windows, and metal bar locks; molds of metal; metal accessories, namely, key hole covers and keys; metal swing handles for use on containers, metal cabinets, casings for doors, [indicate type(s) of covers] covers, windows, and metal bar locks; metal lock profile cylinders; metal spring latches; metal door catches; metal lid supports for covers and doors of sheet metal cabinets and protection windows; metal handles for use on containers, metal cabinets, casings for doors, [indicate type(s) of covers] covers, windows, and metal bar locks; metal finger cups in the nature of handles; metal non-mechanical machine handles; metal push latches; metal tongues for latches; metal turn latches; metal locking bars; metal bar guides; metal turn tension closures for [indicate specific item with which it is used, e.g., bottles, containers, bags]; metal draw tension bolts; and metal clip-turn-bolts.
g. Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the original identification. TMEP §1402.07(d).
For the foregoing reasons, the requirement that the applicant amend the identification of goods in International Class 6 is maintained and made FINAL.
2. Identification and Classification of Goods in International Class 20
a. The wording “covers and protection windows made from metal” is confusing. It is unclear whether “made from metal” is meant to modify the protection windows, the covers and protection windows, or the closures.
b. The applicant must clarify the identification of goods by indicating the type(s) of “covers” on which the closures are used. TMEP §1402.01.
c. The applicant has classified “rubber profiles for sealing doors and windows in their frames, clip on profiles for sealing doors and windows in frames with extended edges” in International Class 20. The correct classification is International Class 17. The applicant must either delete the foregoing goods or add the goods to its Class 17 identification. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §1401.04(b). If the applicant does add the goods to its Class 17 identification, it may adopt the following wording in that class, if accurate: rubber profiles for sealing doors and windows in their frames; [indicate material composition, e.g., rubber, plastic, etc.] clip-on profiles for sealing doors and windows in frames with extended edges.
d. The applicant must clarify the identification of goods by indicating that its “edge protection profiles” are “non-metal.” TMEP §1402.01.
e. The wording “non-metal grip handles” in the identification of goods is unacceptable as indefinite. The applicant may amend this wording to “non-metal grip handles for hand-operated tools,” if accurate. TMEP §1402.01.
f. The applicant may adopt the following identification of goods in International Class 20, if accurate: Locks, not of metal; non-metal closures for use on containers, metal cabinets, casings for doors, [indicate type(s) of covers] covers, and metal protection windows; hinges, not of metal, namely, plastic hinges, hinges with polyamide bushings; non-metal finger cups in the nature of handles; non-mechanic, non-metal machine handles; non-metal accessories, namely, key hole covers, keys, swing handles for use on doors and door closures, door catches, lid supports for [indicate type(s) of covers] covers, protection windows, bolts, tongues for locks, rotation bolts, locking bars, and bar guides; non-metal edge protection profiles used on the edge of thin walls; non-metal grip handles for hand-operated tools.
g. Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the original identification. TMEP §1402.07(d).
For the foregoing reasons, the requirement that the applicant amend the identification of goods in International Class 20 is maintained and made FINAL.
If applicant does not respond within six months of the mailing date of this final action, then the foregoing goods to which the final requirements apply will be deleted from the application. The application will proceed forward for the remaining goods and classes. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).
Applicant may respond to this final action by:
(1) submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); and/or
(2) filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class (37 C.F.R. §§2.6(a)(18) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).
In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2). 37 C.F.R. §2.64(a). See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matter. The petition fee is $100. 37 C.F.R. §2.6(a)(15).
If the applicant has any questions concerning this Office action, please telephone the assigned examining attorney.
NOTICE: TRADEMARK OPERATION RELOCATION
The Trademark Operation has relocated to Alexandria, Virginia. Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Applicants, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at http://www.gov.uspto.report/teas/index.html.
/Barbara A. Gaynor/
Barbara A. Gaynor
Trademark Examining Attorney
Law Office 115
(571) 272-9164
How to respond to this Office Action:
You may respond formally using the Office's Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://eteas.gov.uspto.report/V2.0/oa242/WIZARD.htm and follow the instructions therein, but you must wait until at least 72 hours after receipt if the office action issued via e-mail). PLEASE NOTE: Responses to Office Actions on applications filed under the Madrid Protocol (Section 66(a)) CANNOT currently be filed via TEAS.
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.