UNITED STATES PATENT AND TRADEMARK OFFICE
| SERIAL NO: 76/319531 APPLICANT: DIRAK Dieter Ramsauer Konstruktionseleme ETC. | |
| CORRESPONDENT ADDRESS: | Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451 |
| MARK: DIRAK | |
| 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. |
PRIORITY ACTION
RESPONSE TIME LIMIT: To avoid abandonment, the Office must receive a proper response to this Office action within six-months of the mailing or e-mailing date. If applicant responds to the issues below within two months of the above mailing or e-mailing date, this case will be given priority handling. TMEP §708.01.
MAILING/E-MAILING DATE INFORMATION: If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.uspto.gov/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.
OFFICE RECORDS SEARCH: The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
QUESTIONS: Please contact the assigned trademark examining attorney with any questions.
Serial Number 76/319531
The following were discussed in communication with Meredith Pikser on May 14, 2007. The present application has been withdrawn from publication because of punctuation issues in the Class 6 identification. Applicant must respond to each requirement raised below.
a. Applicant must clarify the identification of goods by replacing the semi-colons that appear after the wording “metal cabinets” and before the word “window” with commas in the following phrase: metal quick closures for use on containers and metal cabinets; window and door covers, and metal protection windows; metal snap closures for use on containers and metal cabinets; window and door covers, and metal protection windows; metal swing-handle closures for use on containers and metal cabinets; window and door covers, and metal protection windows; . . . metal bridge clamp closures for use on containers and metal cabinets; window and door covers, and metal protection windows; metal slam latch closures for use on containers and metal cabinets; window and door covers, and metal protection windows; metal turn tension closures for use on containers and metal cabinets; window and door covers, and metal protection windows. TMEP §1402.01.
b. 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 and metal cabinets, window and door covers, and metal protection windows; metal snap closures for use on containers and metal cabinets, window and door covers, and metal protection windows; metal swing-handle closures for use on containers and metal cabinets, window and door covers, and metal protection windows; ball catches of metal; metal bridge clamp closures for use on containers and metal cabinets, window and door covers, and metal protection windows; metal slam latch closures for use on containers and metal cabinets, window and door covers, and metal protection windows; metal turn tension closures for use on containers and metal cabinets, window and door 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 and metal cabinets, window and door covers, windows, and metal bar locks; knob handles of metal for use on containers and metal cabinets, window and door covers, windows, and metal bar locks; door handles of metal for use on containers and metal cabinets, window and door covers, windows, and metal bar locks; molds of metal; metal accessories, namely, key hole covers and keys; metal swing handles for use on containers and metal cabinets, window and door 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 and metal cabinets, window and door 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 draw tension bolts; and metal clip-turn-bolts. TMEP §1402.01.
c. Please note that, while the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the original identification. TMEP §1402.07(d).
PLEASE NOTE: The issue raised can be resolved by telephone. The applicant may telephone the examining attorney, instead of submitting a written response, to expedite the application.
If applicant should fail to respond to this Office action within the six month time limit, then the following Class 6 goods will be deleted from the application: “metal quick closures for use on containers and metal cabinets; window and door covers, and metal protection windows; metal snap closures for use on containers and metal cabinets; window and door covers, and metal protection windows; metal swing-handle closures for use on containers and metal cabinets; window and door covers, and metal protection windows; . . . metal bridge clamp closures for use on containers and metal cabinets; window and door covers, and metal protection windows; metal slam latch closures for use on containers and metal cabinets; window and door covers, and metal protection windows; metal turn tension closures for use on containers and metal cabinets; window and door covers, and metal protection windows.” The application will then proceed with the remaining Class 6 goods and International Classes 7, 8, 9, 17, and 20 in their entireties. 37 C.F.R. §2.65(a).
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
A prompt response to this Office action will expedite the handling of this matter.
/Barbara A. Gaynor/
Barbara A. Gaynor
Trademark Examining Attorney
Law Office 115
571-272-9164
NOTICE OF NEW PROCEDURE FOR E-MAILED OFFICE ACTIONS: In late spring 2007, for any applicant who authorizes e-mail communication with the USPTO, the USPTO will no longer directly e-mail the actual Office action to the applicant. Instead, upon issuance of an Office action, the USPTO will e-mail the applicant a notice with a link/web address to access the Office action using Trademark Document Retrieval (TDR), which is located on the USPTO website at http://portal.uspto.gov/external/portal/tow. The Office action will not be attached to the e-mail notice. Upon receipt of the notice, the applicant can then view and print the actual Office action and any evidentiary attachments using the provided link/web address. TDR is available 24 hours a day, seven days a week, including holidays and weekends. This new process is intended to eliminate problems associated with e-mailed Office actions that contain numerous attachments.
HOW TO RESPOND TO THIS OFFICE ACTION:
· ONLINE RESPONSE: You may respond using the Office’s Trademark Electronic Application System (TEAS) Response to Office action form available on our website at http://www.uspto.gov/teas/index.html. If the Office action issued via e-mail, you must wait 72 hours after receipt of the Office action to respond via TEAS. NOTE: Do not respond by e-mail. THE USPTO WILL NOT ACCEPT AN E-MAILED RESPONSE.
· REGULAR MAIL RESPONSE: To respond by regular mail, your response should be sent to the mailing return address above, and include the serial number, law office number, and examining attorney’s name. NOTE: The filing date of the response will be the date of receipt in the Office, not the postmarked date. To ensure your response is timely, use a certificate of mailing. 37 C.F.R. §2.197.
STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.
VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.uspto.gov/external/portal/tow.
GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.uspto.gov/main/trademarks.htm