UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/319967
APPLICANT: EBARA CORPORATION
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CORRESPONDENT ADDRESS: LAWRENCE E. ABELMAN ABELMAN, FRAYNE & SCHWAB 150 E 42ND ST FL 26 NEW YORK NY 10017-5621
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom116@uspto.gov
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MARK: EBARA
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CORRESPONDENT’S REFERENCE/DOCKET NO: 867587
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 76/319967
Upon further review and consideration of this application, the examining attorney notes the following and apologizes for any inconvenience to the applicant.
The wording “Equipment used for processing wafers used for manufacturing semi-conductors” in Class 9 the identification of goods is too broad because the goods should be classified according to the type of equipment or the function of the equipment. The applicant may amend to adopt the following, if accurate: TMEP §§1402.01 and 1402.03.
Class 7:
Machines used for processing wafers used for manufacturing semi-conductors, namely, [specify by common commercial name e.g. compression molding machines, polishing machines, grinding machines etc.].
Class 9:
Equipment used for processing wafers used for manufacturing semi-conductors, namely, [specify by common commercial name e.g. laser devices used for marking wafers etc.].
The application already contains both Classes 7 and 9, therefore, the applicant may amend to clarify the noted language in either or both classes. The remainder of the applicant’s identifications is acceptable.
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 present identification.
Applicant may respond to this Office action using the Office’s Trademark Electronic Application System (TEAS) at <http://www.gov.uspto.report/teas/index.html>. When using TEAS the data the applicant submits is directly uploaded into the Office’s database, which reduces processing time and eliminates the possibility of data entry errors by the Office. Applicants are strongly encouraged to use TEAS to respond to Office actions. Applicants using TEAS should not submit a duplicate paper copy of the response.
Fee increase effective January 1, 2003
Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class. The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00.
Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Karen Bracey/
Examining Attorney
Law Office 116
703-306-7914; 703-746-8116 (fax)
ecom116@uspto.gov (formal response only)
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.