Offc Action Outgoing

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  76/467401

 

This letter responds to the applicant’s communication filed on October 20, 2003.

 

Applicant’s priority claim and 1(b) basis have been deleted per applicant’s request and the foreign registration has been entered in the record. Please note however, the applicant’s amendment to the identification of gods is unacceptable for the following reasons.

 

FINAL REFUSAL AS TO THE IDENTIFICATION OF GOODS

 

The wording “electronic checking, supervision, detecting, measuring and protection apparatus and instruments for lead acid batteries and all other electric batteries” in the identification of goods is unacceptable as indefinite.  The applicant must amend the identification to specify the apparatus and instruments by common commercial name.  TMEP §1402.01.

 

The wording “repair and replacement parts and accessories for the aforementioned goods” in the identification of goods is unacceptable as indefinite.  While it is permissible to state “ and parts therefore” the term “accessories” is clearly indefinite and could include goods in other classes. TMEP §1402.01.

 

PLEASE REFER TO THE ACCEPTABLE IDENTIFICATION OF GOODS AND SERVICES MANUAL WHEN DRAFTING RECITATIONS.

 

Please note that the only appropriate responses to a final action are (1) compliance with the outstanding requirements, if feasible, (2) filing of an appeal to the Trademark Trial and Appeal Board, or (3) filing of a petition to the Director if permitted by 37 C.F.R. §2.63(b). 37 C.F.R. §2.64(a); TMEP §715.01.  Regarding petitions to the Director, see 37 C.F.R. §2.146 and TMEP Chapter 1700.  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). 

 

 

 

 

 

 

/Lesley LaMothe/

Trademark Attorney

Law Office 103

703-308-9103 ext 487

e-mail- lesley.lamothe@uspto.gov

fax- 703-746-8103

 

 

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.

 

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.