UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/422582
APPLICANT: Advanced Lighting Technologies, Inc.
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CORRESPONDENT ADDRESS: D. JOSEPH ENGLISH DUANE MORRIS LLP 1667 K STREET, N.W., SUITE 700 WASHINGTON, D.C. 20006
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom113@uspto.gov
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MARK: QUINT-VOLT
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CORRESPONDENT’S REFERENCE/DOCKET NO: ADV08 035
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 76/422582
The Office has reassigned this application to the undersigned examining attorney.
This letter responds to the applicant’s communications filed on November 4, 2002 and March 21, 2003.
The examining attorney acknowledges and has made of record the supplemental declaration submitted by the applicant on November 4, 2002, prior to the examination of the application.
In its March 21, 2003 response, the applicant submitted an amended identification of goods. For the reasons noted below, the amended identification is unacceptable. The requirement for an acceptable identification of goods is maintained and made FINAL.
The amended identification of goods is unacceptable because it identifies goods that may be classified in more than one international class. The applicant must indicate whether the lighting system components are sold as a unit. If the applicant also wishes to register the mark for the individual components, the applicant must correctly classify each component and pay the required filing fee for the additional class(es).
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. The fee for amending an existing application to add an additional class or classes of goods/services is $335.00 per class for classes added on or after January 1, 2003.
The wording “associated controls” in the identification of goods is also unacceptable because it does not identify the nature of the goods. 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 applicant may adopt one or both of the following formats, if accurate:
Lighting system components, namely, lighting ballasts and electrical controls for lighting systems, in International Class 9.
Lighting systems consisting of lamps, lighting ballasts, and electrical controls, sold as a unit; lighting system components, namely, lamps, in International Class 11.
For the reasons noted above, the requirement for an acceptable identification is maintained and made FINAL.
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).
/Catherine Pace Cain/
Trademark Attorney
Law Office 113
Phone: 703-308-9113 (ext. 273)
Fax: 703-308-7185
Official Responses: ecom113@uspto.gov
Fee increase effective January 1, 2003
Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class. The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00.
Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.
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.