UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/368597
APPLICANT: Schoeller Textil AG
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CORRESPONDENT ADDRESS: KATHLEEN A. SKINNER ONE KAISER PLAZA, SUITE 2360 OAKLAND, CALIFORNIA 94612
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom102@uspto.gov
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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MARK: NANOSPHERE
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CORRESPONDENT’S REFERENCE/DOCKET NO: 927-C206
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 76/368597
This letter supercedes the January 23, 2004 Office action. This letter responds to the applicant’s communication filed on September 22, 2003. The examining attorney notes the receipt of the foreign application. The examining attorney notes the applicant has perfected its Section 44 application basis and has deleted the Section 1(b) basis. The examining attorney maintains the Section 2(d) refusal with Reg. Nos. 2646626 and 2646640. The applicant should note that Application Nos. 75897964, 76069987, 76227714, and 76210646 have abandoned.
IDENTIFICATION OF GOODS
The examining attorney accepts the amended identification of goods for class 25.
The examining attorney maintains the requirement for an acceptable identification of goods for class 24. The examining attorney accepts the following in class 24: textiles, textile goods and textile substitutes, namely textile fabrics for use in manufacturing clothing, footwear, headgear, bed linens, table linens, household furnishings, office and industrial furnishings; bed linens, bed sheets, bed spreads, bed blankets, table linens, and table cloths not made of paper.
The following is unacceptable as indefinite: textiles, textile goods and textile substitutes having a finished treatment which allows the treated fabric to repel water, wick moisture through the fabric and dry quickly; bonded fabrics, laminated fabrics and coasted fabrics. The applicant must indicate what the fabric is made of or what it is used for.
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.
NOTICE OF SUSPENSION
Action on this application is suspended pending the disposition of:
- Application Serial No(s). 75788063, 75788064, 75882693, 75897965, 76268663, 76227720, 76069986, 76081172, 76113888, 76227713, 76076440, and 76190936
Since applicant's effective filing date is subsequent to the effective filing date of the above-identified application(s), the latter, if and when it registers, may be cited against this application. See 37 C.F.R. §2.83. A copy of information relevant to this pending application(s) was sent previously. The applicant may request that the application be removed from suspension by presenting arguments related to the potential conflict between the relevant applications or other arguments related to the ground for suspension. The applicant's election to present or not to present arguments at this time will not affect the applicant's right to present arguments later.
/Kim Saito/
Examining Attorney, Law Office 102
703-308-9102 ext. 130