UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/444962
APPLICANT: HIGH FREQUENCY TECHNOLOGY CO., INC.
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CORRESPONDENT ADDRESS: THOMAS M. GALGANO GALGANO & BURKE 300 RABRO DRIVE, SUITE 135 HAUPPAUGE, NEW YORK 11788
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom114@uspto.gov
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MARK: HFT
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CORRESPONDENT’S REFERENCE/DOCKET NO: 371-10
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 76/444962
This letter responds to the communication filed on August 14, 2003. The specimen requirement is withdrawn. The following issue is maintained and made FINAL.
The amended identification of goods is unacceptable as indefinite. The applicant must submit an acceptable identification of goods. The applicant may adopt the following identification, if accurate:
Class 7: RADIO FREQUENCY HEAT SEALING MACHINES AND DIE MAKING EQUIPMENT, NAMELY, VINYL FILM AND DIELECTRIC INSULATING MATERIALS, NAMELY, [provide the common commercial names of these materials] SOLD AS A UNIT
Note: If the materials and supplies mentioned in the applicant’s response for Class 7 are sold separately apart from the complete machines then they would likely belong in another class. For example, the vinyl film is classified in Class 17 with an explanation of what the film is used for. Also, the insulating materials are likely classified in Class 17 depending on their exact nature (more definition of these goods is required).
Class 37: DISTRIBUTORSHIP SERVICES RELATING TO RADIO FREQUENCY HEAT SEALING MACHINES AND DIE MAKING EQUIPMENT, AND TOOLING, COMPONENTS, AND SUPPLIES RELATING THERETO, NAMELY, VINYL FILM, AND DIELECTRIC INSULATING MATERIALS
Note: The use of the term “manufacturing” is unacceptable in class 37. The applicant’s class 7 essentially indicates that the applicant is the manufacturer of these goods. If the goods are custom manufactured for others than the applicant should consider Class 40—“Custom manufacture of [indicate specific item, e.g. furniture, containers, drapery].”
Class 41: EDUCATIONAL SERVICES, NAMELY, CONDUCTING SEMINARS AND CLASSES RELATING TO RADIO FREQUENCY HEAT SEALING MACHINES AND DIE MAKING EQUIPMENT
TMEP section 804.
Generally, parentheses and brackets should not be used in identifications of goods and services. See TMEP Section 1402.12.
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. Section 2.71(a); TMEP section 804.09. Therefore, the applicant may not amend to include any goods or services that are not within the scope of the goods and services recited in the present identification.
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).
/Ann K. Linnehan/
Trademark Attorney
Law Office 114
703/308-9114 ext. 427
ecom114@uspto.gov
(email for formal responses only)
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.