| To: | U. S. Department of Energy (julia.moody@hq.doe.gov) |
| Subject: | TRADEMARK APPLICATION NO. 76447496 - NETL - S-98,946 |
| Sent: | 1/31/03 6:29:28 PM |
| Sent As: | ECom107 |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/447496
APPLICANT: U. S. Department of Energy
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CORRESPONDENT ADDRESS: JULIA COOK MOODY U. S. DEPARTMENT OF ENERGY 1000 INDEPENDENCE AVENUE, S.W. WASHINGTON DC 20585-0162
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom107@uspto.gov
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MARK: NETL
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CORRESPONDENT’S REFERENCE/DOCKET NO: S-98,946
CORRESPONDENT EMAIL ADDRESS: julia.moody@hq.doe.gov |
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 76/447496
No Likelihood of Confusion
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 §1105.01.
The drawing page shows the mark NETL and design. However, the application indicates that the mark is NATIONAL ENERGY TECHNOLOGY LABORATORY AND DESIGN. The applicant may not amend to the latter because it would be a material alteration. The drawing page determines that the mark is NETL and design.
An applicant cannot amend the drawing of the mark if the change materially alters the mark. TMEP §807.14(a). The Office determines whether a proposed amendment materially alters a mark by comparing the proposed amendment with the description or drawing of the mark filed with the original application. 37 C.F.R. §2.72. TMEP §807.14(a)(i).
Recitation of Services
The recitation of services is unacceptable because “environmental technologies that lower the cost and reduce the risk of cleaning up the environment” is vague. TMEP section 1301.05. The applicant may adopt the following recitation, if accurate:
Scientific research and development services in the areas of fossil energy resources, namely, coal, natural gas and oil; development of new technology for others in the field of gasification which reduces the cost and risks of cleaning up the environment. International Class 42.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/D. Beryl Gardner/
D. Beryl Gardner
Examining Attorney
Law Office 107
(703) 308-9107 ext. 180
ecom107@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.