Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

RESPONSE TIME LIMIT:  TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/343994

 

On March 5, 2004, action on this application was suspended pending the cancellation/expiration of Registration No. 2065989.  The referenced registration has been cancelled under Section 8 and no longer presents a bar to registration of Applicant’s mark.  However, the Examining Attorney maintains and makes FINAL the requirement to address the following issue:

 

Identification of Goods

Except for the wording “titrators” and “color and appearance instruments, namely, color, opacity, brightness, and reflectance meters,” the identification of goods is unacceptable as indefinite.  Applicant’s revision to the identification of goods as “coulometric moisture titration systems” is unacceptable as indefinite.  Applicant must rewrite the goods by listing the major parts or components of the system and describing the nature, purpose and use of the system.  Applicant should use common generic terms when specifying the parts and/or components of the system.  TMEP §1402.03.  The applicant may adopt the following identification, if accurate:  Color and appearance instruments, namely, color, opacity, brightness, and reflectance meters and coulometric moisture titration systems comprised of [specify common commercial name or describe the goods with particularity], in Class 9.

 

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.

 

The requirement to amend the identification is maintained and made FINAL herein.

 

Options

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. Section 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. Section 2.65(a).

 

Caroline F. Weimer

Trademark Lawyer

Law Office 115

571-272-9237 (T)

571-272-9327 (F)

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond formally using the Office’s Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://www.gov.uspto.report/teas/index.html and follow the instructions, but if the Office Action has been issued via email, you must wait 72 hours after receipt of the Office Action to respond via TEAS).
• 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 in your response.

 

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.gov.uspto.report/external/portal/tow.

 

GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.