UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/384154
APPLICANT: REHAU AG + CO.
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CORRESPONDENT ADDRESS: MARK B HARRISON VENABLE 1201 NEW YORK AVE NW STE 1000 WASHINGTON DC 20005
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom103@uspto.gov
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MARK: RAUCOLOR
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CORRESPONDENT’S REFERENCE/DOCKET NO: 32128-179428
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 76/384154
This letter responds to the applicant’s communication filed on May 7, 2003.
The applicant amended the identification of goods, the recitation of services and submitted its foreign registration. The amendment to the recitation of services is acceptable and has been made of record. However, the applicant should note that the following requirement is continued and made FINAL.
The wording “computer software or computer operating programs for operation and measurement of colored parts” is unacceptable as indefinite because the wording “or” does not identify the specific nature of the goods. Are the goods computer software or computer operating programs? The applicant may amend as follows: “computer software for the operation and measurement of colored parts” or “computer operating programs for operation and measurement of colored parts.”
The wording “data processing equipment for PC and measurement apparatus” is unacceptable as indefinite because it does not identify the common commercial name of the equipment and apparatus. 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,” “apparatus,” “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).
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.
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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.