UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/397154
APPLICANT: Empire Comfort Systems, Inc.
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CORRESPONDENT ADDRESS: R. HAFERKAMP THOMPSON COBURN LLP ONE US BANK PLAZA ST. LOUIS, MISSOURI 63101
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom114@uspto.gov
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MARK: TAOS
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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 76/397154
This letter responds to the applicant’s communication filed on October 28, 2002.
The applicant’s response to the meaning or significance inquiry is accepted.
In the first office action, the examining attorney required the applicant to amend the identification of goods which was unacceptable as indefinite and broad. If necessary, the applicant was required to comply with any applicable multi-class application requirements. In its response, the applicant amended the identification of goods. However, the amended identification includes the wording “fireplace mantels” which have been improperly classified in Class 11 by the applicant Thus, the requirements for an acceptable and definite identification of goods, proper classification of goods and compliance with any applicable multi-class application requirements are maintained and made FINAL.
The applicant has classified “fireplace mantels” in International Class 11. The correct classification is International Class 19. The applicant must either delete the wording “fireplace mantels” from the identification of goods or add International Class 19 to the application. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §1401.04(b).
The decision as to the proper classification of goods or services is a purely administrative matter which is within the sole discretion of the United States Patent and Trademark Office. In re Tee‑Pak, Inc., 164 USPQ 88 (TTAB 1969).
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).
The applicant may adopt the following, if accurate:
Class 11: hearth and fireplace products, namely, gas fireplaces, gas free-standing fireplaces, artificial logs and artificial embers for gas fireplaces, fireplace floor pads
Class 19: fireplace mantels.
If the applicant adopts the suggested amendment to the identification of goods, the applicant must amend the classification to International Classes 11 and 19. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§1401 et seq.
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 requirement for the applicant to comply with each of the following is 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.
Please note that the only appropriate responses to a final action are (1) compliance with the outstanding requirements, if feasible, (2) filing of an appeal to the Trademark Trial and Appeal Board, or (3) filing of a petition to the Director if permitted by 37 C.F.R. §2.63(b). 37 C.F.R. §2.64(a); TMEP §715.01. Regarding petitions to the Director, see 37 C.F.R. §2.146 and TMEP Chapter 1700. 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. §2.65(a).
Mary Boagni
Examining Attorney
Law Office 114
tel: (703) 308-9114 ext. 207
Law Office 114 fax: (703) 746-8114
ecom114@uspto.gov (for formal responses)ecom114@uspto.gov (for formal responses)
Fee increase effective January 1, 2003
Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class. The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00.
Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.
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.