Reconsideration Letter

UMICORE

UMICORE

Reconsideration Letter

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

 

    SERIAL NO: 76/361192

 

    APPLICANT:                          UMICORE

 

 

 

 

 

    CORRESPONDENT ADDRESS:

    JAMES M. SLATTERY

    BIRCH, STEWART, KOLASCH & BIRCH LLP

    P.O. BOX 747

    FALLS CHURCH, VIRGINIA 22040-0747

   

RETURN ADDRESS: 

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

ecom105@uspto.gov

 

 

If no fees are enclosed, the address should include the words "Box Responses - No Fee."

    MARK:          UMICORE

 

 

 

    CORRESPONDENT’S REFERENCE/DOCKET NO:   1880-0124T

 

    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..

 

 

 

Serial Number 76/361192

 

Applicant is requesting reconsideration of a final refusal dated January 24, 2003.

 

After careful consideration of the law and facts of the case, the examining attorney must deny the request for reconsideration and adhere to the final action as written since no new facts or reasons have been presented that are significant and compelling with regard to the point at issue.

 

The identification of goods, as amended, remains indefinite.  For instance, the wording “silver salts, selenium” in International Class 1 is unacceptable as indefinite.  As the applicant was advised, chemical elements must be identified by either the goods they are used to manufacture or by boththe industry in which they are used and the specific type of chemical.

 

Accordingly, applicant’s request for reconsideration is denied.  The time for appeal runs from the date the final action was mailed.  37 C.F.R. Section 2.64(b); TMEP Section 715.03(c).  If an appeal was not timely filed, the case will be abandoned pursuant to 37 C.F.R. Section 2.65(a).

 

 

/Verna Beth Ririe/

Trademark Attorney

Law Office 105

(703) 308-9105 ext. 176

(703) 872-9825 (office fax)

ecom105@uspto.gov (office e-mail)

 


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