UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/410500
APPLICANT: STELLAR INDUSTRIES, INC.
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CORRESPONDENT ADDRESS: WM. A. VANSANTEN WOOD, PHILLIPS, KATZ, CLARK & MORTIMER SUITE 3800, 500 WEST MADISON STREET CHICAGO, ILLINOIS 60661-2511
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom115@uspto.gov
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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MARK: AMERICAN EAGLE
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CORRESPONDENT’S REFERENCE/DOCKET NO: 868.00022
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 76/410500
This letter responds to the applicant’s communication filed on June 12, 2003. Applicant is requesting reconsideration of a final refusal dated May 1, 2003.
The applicant (1) amended the identification of goods in International Class 7; and (2) added International Classes 6, 9, 17, and 20 to the application, and provided identifications therefor. No. (1) is acceptable. No. (2) is acceptable, in part. The identification of goods in International Class 9 is acceptable, and has been entered into the record.
1. Identification and Classification of Goods in International Classes 6 and 20
a. The applicant has classified “drawer sets and dividers for incorporation in . . . non-metal truck bodies” in International Class 6, and “drawer sets and dividers for incorporation in . . . non-metal truck bodies” in International Class 20. The correct classification is International Class 12. The applicant must either delete the foregoing goods or add International Class 12 to the application. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §1401.04(b).
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.
If the applicant adds International Class 12 to the application, it may adopt the following identification of goods in that class, if accurate: Drawer sets and dividers for incorporation in metal and non-metal truck bodies.
b. The applicant may adopt the following identification of goods in International Class 6, if accurate: DRAWER SETS AND DIVIDERS FOR INCORPORATION IN METAL TOOL BOXES; TANK BRACKETS MADE OF METAL; METAL WELDING FIXTURES IN THE NATURE OF CLAMPS USED TO HOLD COMPONENTS TOGETHER WHILE THEY ARE BEING WELDED AND SPRING RETRACTED METAL HOSE REELS.
c. The applicant may adopt the following identification of goods in International Class 20, if accurate: DRAWER SETS AND DIVIDERS FOR INCORPORATION IN NON-METAL TOOL BOXES.
For the foregoing reasons the May 1, 2003 final Office action with respect to the identification and classification of goods is continued.
2. Identification and Classification of Goods in International Class 17
a. The wording “plastic or rubber hoses” in the identification of goods is unacceptable as indefinite. The applicant may amend this wording to “plastic and rubber air hoses,” if accurate. TMEP §1402.01. In the alternative, the applicant must specify the function or use of its hoses. Further, the word “or” suggests that the goods are either plastic hoses or rubber hoses, but not necessarily both. If the goods are not both plastic hoses and rubber hoses, both should not be listed. If the goods are both plastic hoses and rubber hoses, then the word “and” is accurate.
b. The applicant may adopt the following identification of goods in International Class 17, if accurate: HOSE KITS CONSISTING PRIMARILY OF RUBBER AND PLASTIC HOSES AND FITTINGS FOR CONNECTING RUBBER AND PLASTIC HOSES INTO FLUID HANDLING SYSTEMS; AND PLASTIC AND RUBBER AIR HOSES.
For the foregoing reasons the May 1, 2003 final Office action with respect to the identification and classification of goods is continued.
Accordingly, for the foregoing reasons, applicant’s request for reconsideration is denied. The time for appeal runs from the date the final action was mailed. 37 C.F.R. Section 2.64(b); TMEP Section 715.03(c). In this case, the applicant has until November 1, 2003 to file its notice of appeal.
PLEASE NOTE: All of the issues raised can be resolved by telephone. The applicant may telephone the examining attorney, instead of submitting a written response, to expedite the application.
If the applicant has any questions concerning this Office action, please telephone the assigned examining attorney.
/Barbara A. Gaynor/
Barbara A. Gaynor
Trademark Examining Attorney
Law Office 115
703-308-9115, ext. 123
ecom115@uspto.gov