UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/483052
APPLICANT: Walker Design Inc.
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CORRESPONDENT ADDRESS: ROBERT A. WALKER, JR. CHRISTIE, PARKER & HALE, LLP P.O. BOX 7068 PASADENA, CALIFORNIA 91109-7068
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom113@uspto.gov
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MARK: ALGAESEP
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CORRESPONDENT’S REFERENCE/DOCKET NO: 42125/RJW/W2
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 76/483052
The assigned examining attorney has reviewed the referenced application and determined the following.
The goods are identified as: “separator; namely, a fuel/water separator device.”
The identification of goods is unacceptable for the following reasons.
The term “device” is indefinite. The applicant must identify the “device” by common commercial name, e.g., separator, machine, etc.
The applicant may adopt the following identification, if accurate:
CLASS 7 – Fuel/water separator.
The applicant may wish to consult the on-line identification manual on the PTO homepage for a searchable database of acceptable identifications for goods and services. The manual is available at: http://www.gov.uspto.report/web/offices/tac/doc/gsmanual.
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. Section 2.71(a); TMEP section 804.09. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.
Specimen does not Match the Drawing
The drawing displays the mark as “AlgaeSep” and notes that the mark is in stylized form. However, the stylization of the mark as it appears on the specimen is different, namely, “AlgaeSEP.” The applicant must either:
(1) submit a new drawing of the mark that agrees with the specimen; or
(2) submit a substitute specimen that shows use of the mark shown in the drawing.
37 C.F.R. §2.51; TMEP §§807.14 and 807.14(a)(i). The applicant may not amend the drawing if the amendment would materially alter the character of the mark. 37 C.F.R. §2.72(a); TMEP §807.14(a).
If a substitute specimen is submitted, the applicant must verify, with an affidavit or a declaration under 37 C.F.R. §2.20, that the substitute specimen was in use in commerce at least as early as the filing date of the application. 37 C.F.R. §§2.59(a) and 2.72(a); TMEP §904.09.
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.
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. Section 1052(d). TMEP section 704.01.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Gwen P. Stokols/
Trademark Examining Attorney
Law Office 113
Telephone: 703-308-9113, x. 275
Fax: 703-746-8113
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.