Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/379664

 

This letter responds to the applicant’s communication filed on January 15, 2003.

 

The applicant amended the dates of use, identified its entity type, submitted an additional specimen, submitted a new drawing and indicated that the mark does not have any significance in the relevant trade or industry as applied to the Applicant’s goods.  These amendments are acceptable and have been made of record.  However, the applicant should note that the following requirement is maintained and made FINAL.

 

Identification of Goods

 

The wording “an extended line and heating line” is unacceptable as indefinite because it does not identify the common commercial name of the goods nor its use.  The applicant must specify the precise nature of the goods.  The applicant may amend this wording as follows:  “an extended line and heating line, namely, ___________ [indicate the common commercial names for the goods] for use in ______ [indicate its use].”

 

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 applicant should refer to the “Trademark Acceptable Identification of Goods and Services Manual” which is accessible through the PTO’s web site (http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/) for suggested language. 

 

Required Response

 

Please note that the only appropriate responses to a final action are either (1) compliance with the outstanding requirements, if feasible, and/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).

 

 

 

 

/Stephanie M. Davis, Esq./

Examining Trademark Attorney

Law Office 103

703.308.9103 ext. 210 - voice

703.746.8103 - facsimile

ecom103@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

 

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