UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/412993
APPLICANT: Noritz Corporation
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CORRESPONDENT ADDRESS: FELIX J. D'AMBROSIO JONES, TULLAR & COOPER, P.C. EADS STATION P.O. BOX 2266 ARLINGTON, VA 22202 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom106@uspto.gov
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MARK: "NO LIMITS WATER HEATER"
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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 76/412993
This letter responds to the applicant’s communication filed on February 20, 2003.
The requirement for a proper identification of goods is continued and made Final. All other requirements have been satisfied.
The application identifies goods that are properly classified in International Class 9. 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).
The following goods are properly classified in International Class 9; Remote controllers for oil heaters for industrial use, remote controllers for furnace boilers, remote controllers for an electric apparatus for ventilating, drying, and warming a bathroom, remote controllers for air conditioners, remote controllers for electric heaters for water for domestic use, remote controllers for electric heaters for water for industrial use, remote controllers for gas heaters for water, remote controllers for oil heaters for water for domestic use and remote controllers for furnace boilers for bath tubs. Applicant’s attention is directed to page 2, paragraph 8 of the September 27, 2002, office action.
The applicant must list the goods by international class number in ascending numerical order. TMEP §§801.01(b) and 1403.01.
The following identified goods are unacceptable because they exceed the scope of the goods as originally identified in the application.
“Electric heating articles for domestic use, namely, electric beverage heaters, electric heaters for baby bottles, electrically-heated mugs, electrically-heated carpets, electric leg-warmers, electric mattresses, water bed heaters, aquarium heaters and heat pipes to cool heat producing components.” 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 wording “proofing food goods and heat accumulators” in the identification of goods is unacceptable as indefinite. The applicant must amend the identification to specify the commercial name of the goods. If there is no common commercial name for the product, the applicant must describe the product and its intended uses. TMEP §1402.01.
The following authorities govern the processing of trademark and service mark applications: The Trademark Act, 15 U.S.C. §§1051 et seq., the Trademark Rules of Practice, 37 C.F.R. Part 2, and the Trademark Manual of Examining Procedure (TMEP).
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).
/Edward Nelson/
Examining Attorney
Law Office 106
(703) 308-9106 ext.197
(703)746-8106 (fax no.)
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.