Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/422307

 

The assigned examining attorney has reviewed the referenced application and determined the following.

 

This letter responds to the applicant's communication filed on May 7, 2003.

 

The prior Office Action(s) is/are incorporated by reference.

 

Identification of Goods

 

The identification of goods is unacceptable as indefinite and requires specification.  The applicant must specify the nature of “substances” in international class 11.

 

The applicant may adopt the following identification, if accurate: 

 

Chemical processing apparatus, namely, machines for grinding, mixing, agitating and/or making chemicals for industrial and commercial use, in international class 7;

 

Chemical reactors for heating, cooling, combining and/or restructuring substances, namely, (SPECIFY type of substances, e.g., chemicals, etc.) for industrial and commercial use, in international class 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 goods that are not within the scope of goods set forth in the present identification.

 

The requirement is maintained and made FINAL.

 

Specimens

 

The specimens do not show use of the mark for the goods in international class 7.  For a combined application, the applicant is required to submit one specimen for each class.  The specimens consist of two photographs of a label bearing the STT REACTOR mark.  The other is a specimen for the processing service which the applicant has presently deleted from the application.  The photographs of the goods appear to be specimens to support the goods in international class 11, namely, reactors.  The applicant must, therefore, submit a specimen for the goods in international class 7, namely, machines for grinding, mixing, agitating and/or making chemicals for industrial and commercial use.

 

The applicant must submit a specimen showing use of the mark for the goods in international class 7.  37 C.F.R. Sections 2.56 and 2.58.  The applicant must verify, with an affidavit or a declaration under 37 C.F.R. Section 2.20, that the substitute specimen was in use in commerce at least as early as the filing date of the application.  37 C.F.R. Section 2.59(a); TMEP section 905.10.

 

Specimen Statement and Declaration

 

The statement supporting use of the substitute specimen must read as follows: 

 

The specimen was in use in commerce at least as early as the filing date of the application.

 

The applicant must sign this statement either in affidavit form or with a declaration under 37 C.F.R. Section 2.20. 

 

The following is a properly worded declaration under 37 C.F.R. Section 2.20.  At the end of the response, the applicant should insert the declaration signed by the applicant.

 

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that the facts set forth in this application are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.

 

                        _____________________________                                  

                                    (Signature)

                        _____________________________

                        (Print or Type Name and Position)

                        _____________________________

                                    (Date)

 

The requirement is maintained and made FINAL.

 

Appellate Remedy

 

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. Section 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. Section 2.65(a).

 

The statement regarding the significance of the mark is noted for the record.

 

 

 

 

/Alex S. Keam/

Attorney

Law Office 114

Phone: (703) 308-9114 ext. 140

Fax:  (703) 746-8114

Email for Responses:  ecom114@uspto.gov

 

 

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.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.