UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/347779
APPLICANT: Ahlstrom Corporation
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CORRESPONDENT ADDRESS: ROBERT A. ROWAN NIXON & VANDERHYE P.C. 1100 NORTH GLEBE ROAD 8TH FLOOR ARLINGTON, VIRGINIA 22201
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom106@uspto.gov
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MARK: FIBERSOLUTIONS
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CORRESPONDENT’S REFERENCE/DOCKET NO: 3952-48
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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PRIORITY ACTION
OFFICE SEARCH: The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d). TMEP section 704.02.
Serial Number 76/347779
The following issues were discussed in communication with SHERYL SCHARMACH on October 31, 2003.
The new drawing and claim of color are acceptable.
Portions of the identification of goods remain unacceptable as indefinite. The requirement to submit an acceptable identification is maintained and made FINAL.
Specifically, the wording “filtering materials made of non-woven fabrics, for use in the manufacture of filters for engines, laboratories and diagnostics purposes and in the manufacture of filters for air and liquid purification” in International Class 24 is unacceptable as indefinite. In the identification, the applicant must use the common commercial names for the goods, be as complete and specific as possible and avoid the use of indefinite words and phrases. If the applicant chooses to use indefinite terms, such as “accessories,” “components,” “devices,” “equipment,” “materials,” “parts,” “systems” and “products,” then those words must be followed by the word “namely” and the goods listed by their common commercial names. TMEP §§1402.01 and 1402.03(a). If there is no common commercial name for the product, the applicant must describe the product and its intended uses. TMEP §1402.01.
The applicant may adopt the following, if accurate: “filtering materials, namely, non-woven fabrics for use in the manufacture of filters for engines, filters for laboratories and diagnostics purposes and in the manufacture of filters for air and liquid purification” in International Class 24.
The applicant may wish to consult the on-line identification manual on the PTO homepage for acceptable common names of goods and their classification.
http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/
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.
If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following. If the applicant needs to add another class, these requirements are maintained and made FINAL.
(1) The applicant must list the goods/services by international class with the classes listed in ascending numerical order. TMEP §1403.01.
(2) The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid. 37 C.F.R. §§2.6(a)(1) and 2.86(a); TMEP §§810.01 and 1403.01. Effective January 1, 2003, the fee for filing a trademark application is $335 for each class. This applies to classes added to pending applications as well as to new applications filed on or after that date.
Response Guidelines
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).
/Leslie L. Richards/
Trademark Examining Attorney
Law Office 106
703-308-9106 ext. 172
703-746-8106 fax
ecom106@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.
To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/
For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm