UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/408832
APPLICANT: Moltech Corporation
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CORRESPONDENT ADDRESS: DAVID E. ROGERS SQUIRE, SANDERS & DEMPSEY L.L.P TWO RENAISSANCE SQUARE 40 NORTH CENTRAL AVENUE, SUITE 2700 PHOENIX, AZ 85004-4498 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom115@uspto.gov
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MARK: SION POWER
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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 76/408832
This letter responds to the applicant’s communication filed on 3/31/03.
The disclaimer is accepted. The identification of goods remain indefinite and overbroad and the requirement to amend is made FINAL.
Class 9
The wording “electrochemical cells” in the identification of goods is unacceptable as indefinite. The applicant may amend this wording to “electrochemical cell batteries and/or electrochemical photovoltaic cells in Class 9; electrochemical cells for scientific, laboratory or medical research in Class 1; electrochemical cells for medical or clinical use in Class 5,” if accurate. TMEP §1402.01.
Class 42
The recitation of services is unacceptable as indefinite. The applicant must amend the recitation to indicate the nature of the services and their particular field. TMEP §1402.11.
The applicant may adopt the following recitation of services, if accurate: electrochemical cell battery and/or electrochemical photovoltaic cell and battery design for others.
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.
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.
The requirement is repeated and made FINAL.
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).
/Howard B. Levine/
Examining Attorney
Law Office 115
(703) 308-9115 ext.141
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.