UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/482855
APPLICANT: Valenite Inc.
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CORRESPONDENT ADDRESS: ADRIENNE L. WHITE, ESQUIRE BURNS, DOANE, SWECKER & MATHIS, L.L.P. POST OFFICE BOX 1404 ALEXANDRIA, VIRGINIA 22313-1404
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom113@uspto.gov
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MARK: VALADVANCED
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CORRESPONDENT’S REFERENCE/DOCKET NO: 033679-004
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 76/482855
The assigned examining attorney has reviewed the referenced application and determined the following.
Search Results
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.
Identification of Goods
The wording in the identification of goods is unacceptable as indefinite because the exact nature of the goods is not clear and concise. The identification of goods or services must be specific, definite, clear, accurate and concise. See In re Societe Generale des Eaux Minerales de Vittel S.A., 1 USPQ2d 1296 (TTAB 1986), rev’d on other grounds, 824 F.2d 957, 3 USPQ2d 1450 (Fed. Cir. 1987); Procter & Gamble Co. v. Economics Laboratory, Inc., 175 USPQ 505 (TTAB 1972), modified without opinion, 498 F.2d 1406, 181 USPQ 722 (C.C.P.A. 1974); In re Cardinal Laboratories, Inc., 149 USPQ 709 (TTAB 1966); California Spray-Chemical Corp. v. Osmose Wood Preserving Co. of America, Inc., 102 USPQ 321 (Comm’r Pats. 1954); Ex parte A.C. Gilbert Co., 99 USPQ 344 (Comm’r Pats. 1953). TMEP §1402.01. It is the applicant’s duty and prerogative to identify the goods and services. TMEP §1402.01(d).
The applicant may use the following suggested format as a guide if accurate:
ADVANCED MATERIALS, NAMELY, CERAMIC GLAZINGS [provide form, e.g., blanks, sheets and shapes, etc.] FOR USE IN DRILLING, GROOVING, MILLING, THREADING AND TURNING SYSTEMS, in International Class, 001. and/or
ADVANCED MATERIALS, NAMELY, CERMETS, PCD and CBN [identify all by common commercial names and provide form, e.g., blanks, sheets and shapes, etc., FOR USE IN DRILLING, GROOVING, MILLING, THREADING AND TURNING SYSTEMS. Note: For your assistance and convenience, the “Acceptable Identifications of Goods and Services Manual” may be searched at the Office’s global network computer website address of <http://www.gov.uspto.report/main/trademarks.htm>. Applicant is advised to consult the above-mentioned manual to ensure proper classification of all goods identified.
Please note, while an application may be amended to clarify or limit the identification/recitation, additions to the identification/recitation are not permitted. 37 C.F.R. §2.71(b). Therefore, the applicant may not add any goods/services that are not within the scope of the goods/services set forth in the original application.
If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following.
(1) The applicant must 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 not covered by the fee already paid. 37 C.F.R. §§2.6(a)(1) and 2.86(a); 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
Fee Increase
Fee increase effective January 1, 2003
Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class. The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00.
Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.
DElton
Examining Attorney
Law Office 113
703 308-9113x229
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.