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  76/452122.  This letter responds to the applicant’s communication of May 1, 2003.  The substitute drawing is acceptable, and the request for a stippling statement is moot.  The applicant has indicated that it wishes to rely on both Section 1(b) and Section 44(e) as filing bases, with the Section 44(d) priority claim.  The foreign registration and translation are acceptable.   However, the Office of the Commissioner for Trademarks has determined that the wording of the Class 1 goods is unacceptable.  The examining attorney regrets this inconvenience to the applicant.

 

Identification of Class 1 Goods 

The identification of Class 1 goods is unacceptable as indefinite because the nature of the seed treatment is not indicated.   The applicant may adopt the following identification, if accurate:

 

·        Seed treatment for [indicate nature of the seed treatment, e.g., growth stimulation, improvement of appearance, regulation of plant growth] for agricultural and domestic use (Class 1)

 

TMEP section 1402.01.  The amended identification of Class 5 goods and recitation of Class 44 services are acceptable.

 

The applicant should note that, although 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(b); TMEP section 1402.01.  Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.

 

For additional information regarding acceptable wording, the Trademark Manual of Acceptable Identifications and Classifications for Goods and Services is accessible on the World Wide Web at http://atlas.gov.uspto.report/netahtml/tidm.html.

Additional Classes of Goods and Services

If the applicant were to include more than three classes in the application based on intent to use in commerce under Trademark Act Section 1(b), 15 U.S.C. §1051(b), the applicant must comply with each of the following.

 

(1)  The applicant must list the goods and services by class with the classes listed in ascending numerical order.  TMEP section 1403.01.

 

(2)     The applicant must submit a filing fee for each class of goods and services not covered by the fee already paid.  37 C.F.R. Sections 2.6(a)(1) and 2.86(b); TMEP sections 810.01 and 1403.01.  Currently, the fee for filing a trademark application is $335 for each class of goods or services.

 

 

/Leigh Caroline Case/

Trademark Attorney

Office fax: (703) 872-9875

Office phone: (703) 308-9105 x 148

 

 

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 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.