UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/489043
APPLICANT: Press Technology & Manufacturing, Inc.
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CORRESPONDENT ADDRESS: PAUL J. MAGINOT MAGINOT, MOORE & BOWMAN BANK ONE CENTER/TOWER 111 MONUMENT CIRCLE, SUITE 3000 INDIANAPOLIS, INDIANA 46204-5115 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom114@uspto.gov
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MARK: AGRI-CLEAN
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CORRESPONDENT’S REFERENCE/DOCKET NO: 1053-0504
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 76/489043
The assigned examining attorney has reviewed the referenced application and determined the following.
NO CONFLICTING REGISTRATIONS
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 1105.01.
The drawing displays the mark as “AGRI-CLEAN”. However, this differs from the display of the mark on the specimens, where it appears embedded in the following sentence: “THE AGRI-CLEAN SYSTEM For Manure Waste Water Separation and Nutrient Removal.” The applicant cannot amend the drawing to conform to the display on the specimens because the character of the mark would be materially altered. 37 C.F.R. Section 2.72(a); TMEP section 807.14(a).
Therefore, the applicant must submit substitute specimens that show use of the mark as it appears on the drawing. 37 C.F.R. Section 2.51; TMEP section 807.14. The applicant must verify, with an affidavit or a declaration under 37 C.F.R. Section 2.20, that the substitute specimens were in use in commerce at least as early as the filing date of the application. 37 C.F.R. Sections 2.59(a) and 2.72(b); TMEP section 905.10
IDENTIFICATION OF GOODS
The wording "mechanical separators for separating liquids from solid materials" in the identification of goods is unacceptable as indefinite, because it appears to be incomplete. The applicant must amend the identification to specify the context of use, as indicated in the unacceptable specimen. At the very least, the applicant must describe the product and its intended uses. TMEP section 804. The unacceptable specimen has indicated that the machine separates manure wastewater from the manure and removes nutrients. If this is so, it should be mentioned in the goods description.
LITERATURE REQUIREMENT
The nature of the goods is not clear from the present record. In order to allow proper identification, classification and analysis of the goods on which the applicant intends to use the mark, the applicant must submit samples of advertisements or promotional materials for the goods or for those of the same type. If such materials are not available, the applicant must describe the nature, purpose and channels of trade of the goods on which the applicant has asserted a bona fide intent to use the mark. 37 C.F.R. Section 2.61(b); TMEP sections 1103.04 and 1105.02
This requirement is non-waivable. Token compliance will be deemed non-compliance.
PRIOR REGISTRATION
If the applicant is the owner of Registration No. 2507657, the applicant must submit a claim of ownership. 37 C.F.R. Section 2.36; TMEP section 812.
The most expeditious way to resolve goods and services descriptions and disclaimer issues is by e-mail which allows for back-and-forth discussion between applicant and examining attorney without the 6-month intervals of mail or the irritation of telephone tag. Substitute specimens and declarations are best done by fax, as are domestic representative appointments, revocations and the like. The examining attorney’s personal numbers are:
Fax: 703-746-6267
E-Mail: jill.alt@uspto.gov
In order to submit formal responses by E-Mail, applicant must give written consent to be an
electronic correspondent and set forth its E-Mail address. The signature, to be valid, must be typed between two forward slashes, as below.
/Jill C. Alt/
Trademark Attorney
Law Office 114
Tel. (703) 308-9114 Ext.433
Fax: (703) 746-8114
E-Mail: ecom114@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.