UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/445199
APPLICANT: Norwood Industries, Inc.
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CORRESPONDENT ADDRESS: BRIAN M. DAVIS ALSTON & BIRD LLP BANK OF AMERICA PLAZA 101 SOUTH TRYON STREET, SUITE 4000 CHARLOTTE, NORTH CAROLINA 28280-4000 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom114@uspto.gov
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MARK: NORWOOD
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CORRESPONDENT’S REFERENCE/DOCKET NO: 46715/250572
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 76/445199
The assigned examining attorney has reviewed the referenced application and determined the following.
Search Result
The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
The identification of goods is unacceptable as indefinite and requires specification. The applicant must specify the nature of some of the goods and whether they are manually operated or power operated. The identification encompasses goods classified in more than one class.
The applicant may adopt the following identification, if accurate:
Portable sawmills and accessories, namely, (SPECIFY type of goods, or, replace with “replacement parts therefore”); power operated portable board edgers and accessories, namely, (SPECIFY type of goods, or, replace with “replacement parts therefore”); forestry machines, boom loaders; tree-felling hydraulic jacks; power operated blade sharpeners for band sawmills; power operated band sawmill blade tooth-setters; forestry machines, namely, atv log skidders and tractor-mounted hydraulic log skidders; and hydraulic wood splitters, in international class 7;
Manually operated portable board edgers and accessories, namely, (SPECIFY type of goods, or, replace with “replacement parts therefore”); manually operated tree-felling jacks; manually operated blade sharpeners for band sawmills; manually operated band sawmill blade tooth-setters, in international class 8;
Log forwarding wagons, in international class 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. §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.
If the applicant adopts the suggested amendment to the identification of goods, the applicant must amend the classification to International Classes 7, 8, and 12. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§805 and 1401 et seq.
The applicant must adopt the appropriate international classification for the specified goods. The International Classification of Goods and Services for the Purposes of the Registration of Marks, developed by the World Intellectual Property Organization, classifies every product and service into one of forty‑five classes. The United States Patent and Trademark Office uses this system to classify goods and services. 37 C.F.R. §6.1; TMEP §§1401 et seq.
The application identifies goods that may be classified in several international classes. 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.
If the applicant prosecutes this application as a combined, or multiple‑class, application based on use in commerce under Trademark Act Section 1(a), 15 U.S.C. §1051(a), the applicant must comply with each of the following:
(1) The applicant must specifically identify the goods in each class and list the goods 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(b); 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.
(3) The applicant must submit:
(a) dates of first use and first use in commerce and one specimen for each class that includes goods or services based on use in commerce under Trademark Act Section 1(a). The dates of use must be at least as early as the filing date of this application, 37 C.F.R. §§2.34(a)(1) and 2.86(a), and the specimen(s) must have been in use in commerce at least as early as the filing date of the application, and/or
(b) a statement of a bona fide intention to use the mark in commerce on or in connection with all the goods or services specified in each class that includes goods or services based on a bona fide intention to use the mark in commerce under Trademark Act Section 1(b), where such statement was not included for the goods or services in the original application.
The applicant must submit an affidavit or a declaration under 37 C.F.R. §2.20 signed by the applicant to verify (3) above. 37 C.F.R. §§2.59(a) and 2.71(c).
/Alex S. Keam/
Attorney
Law Office 114
Phone: (703) 308-9114 ext. 140
Fax: (703) 746-6108
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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.