| To: | URD, INC. (ktillery@leonardtillery.com) |
| Subject: | TRADEMARK APPLICATION NO. 76484819 - UNITED REFRIGERATION - 000787-02 |
| Sent: | 7/7/03 8:14:26 PM |
| Sent As: | ECom110 |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/484819
APPLICANT: URD, INC.
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CORRESPONDENT ADDRESS: M. KELLY TILLERY, ESQUIRE LEONARD, TILLERY & SCIOLLA, LLP 1515 MARKET STREET, SUITE 1800 PHILADELPHIA, PA 19102
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom110@uspto.gov
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MARK: UNITED REFRIGERATION
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CORRESPONDENT’S REFERENCE/DOCKET NO: 000787-02
CORRESPONDENT EMAIL ADDRESS: ktillery@leonardtillery.com |
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 76/484819
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.
Recitation of Services
The wording “distribution of” in the recitation of services is unacceptable as indefinite. The applicant may amend this wording to “distributorship services in the field of,” if accurate. TMEP §1402.11.
For assistance regarding an acceptable listing of goods and/or services, please see the on‑line searchable Manual of Acceptable Identifications of Goods and Services, 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. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any services that are not within the scope of the services recited in the present identification.
Disclaimers
The applicant must disclaim the descriptive wording “REFRIGERATION” apart from the mark as shown. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.03(a). The wording is merely descriptive because the applicant’s services pertain to refrigeration equipment and supplies.
The computerized printing format for the Trademark Official Gazette requires a standard form for a disclaimer. TMEP §1213.08(a)(i). A properly worded disclaimer should read as follows:
No claim is made to the exclusive right to use REFRIGERATION apart from the mark as shown.
See In re Owatonna Tool Co., 231 USPQ 493 (Comm’r Pats. 1983).
Further action awaits the applicant’s response.
/Steven Fine/
Examining Attorney
Law Office 110
(703) 308-9110 ext. 124
(703) 746-8100 (fax)
ecom110@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.