UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/400705
APPLICANT: General Hydrogen Corporation
|
|
CORRESPONDENT ADDRESS: Jason M. Rhodes Dorsey & Whitney LLP Suite 3400 1420 Fifth Avenue Seattle WA 98101 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom116@uspto.gov
|
MARK: GENERAL HYDROGEN
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: 901072
CORRESPONDENT EMAIL ADDRESS: tmseattle@dorseylaw.com |
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 76/400705
This letter responds to the applicant’s communication filed on February 26, 2003.
The Office has reassigned this application to the undersigned examining attorney.
The notice regarding serial no. 75/836204 is withdrawn. The disclaimer of HYDROGEN is accepted and entered. Furthermore, the identification of goods in Class 16 is accepted and entered, along with the recitation of services in Classes 37, 38 and 41. However, the following issue is maintained and made final.
The recitation of services in Class 42 remains unacceptable as indefinite. The applicant may adopt any of the following recitations that are accurate:
Distributorship services featuring packaged music, in Class 35; and/or
Distribution of energy, namely, distribution of hydrogen and electric power; and providing information via an electronic network concerning the distribution of hydrogen and electric power, in Class 39; and/or
Providing information via an electronic network concerning the production of hydrogen and electricity, in Class 40; and/or
Cable television programming, in Class 41; and/or
Electricity services, namely, metering; technical consultation in the field of hydrogen and electric power; and testing, analysis and evaluation of contractor services of others for the purpose of certification, in Class 42.
TMEP §1402.11.
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 services that are not within the scope of the services recited in the present identification.
This is not an exhaustive list of identifications. It is the applicant's duty and prerogative to identify the goods and services. TMEP Section 804.06. Please check our website for additional acceptable identifications of goods and services at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/.
Please also note: The applicant must rewrite the recitation of services for any Class further amended because of the nature and extent of the amendment. 37 C.F.R. §2.74(b).
Furthermore, the application identifies services that may be classified in several international classes. Therefore, the applicant must either: (1) restrict the application to the number of class(es) covered by the fee already paid, or (2) pay the required fee for each additional class(es). 37 C.F.R. §2.86(a)(2); TMEP §§810.01, 1401.04, 1401.04(b) 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. 37 C.F.R. §2.6(a)(1).
If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following.
(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 either (1) compliance with the outstanding requirements, if feasible, or (2) filing of an appeal to the Trademark Trial and Appeal Board. 37 C.F.R. §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. §2.65(a).
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
Linda M. King
Trademark Attorney
Law Office 116
703-306-7907
Linda.King@uspto.gov
(for informal communications only)
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.