UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/494338
APPLICANT: Volvo Trucks North America, Inc.
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CORRESPONDENT ADDRESS: ANDREW ROPPEL, ESQUIRE KILPATRICK STOCKTON LLP 1001 WEST FOURTH STREET WINSTON-SALEM, NC 27101-2400
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom113@uspto.gov
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MARK: TUNGSTEN
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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 76/494338
The assigned examining attorney has reviewed the referenced application and determined the following.
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 §704.02.
The examining attorney refuses registration on the Principal Register because the proposed mark merely describes the goods. Trademark Act Section 2(e)(1), 15 U.S.C. Section 1052(e)(1); TMEP §§1209 et seq.
A mark is merely descriptive under Trademark Act Section 2(e)(1), 15 U.S.C. 1052(e)(1), if it describes an ingredient, quality, characteristic, function, feature, purpose or use of the relevant goods. In re Gyulay, 820 F.2d 1216, 3 USPQ2d 1009 (Fed. Cir. 1987); In re Bed & Breakfast Registry, 791 F.2d 157, 229 USPQ 818 (Fed. Cir. 1986); In re MetPath Inc., 223 USPQ 88 (TTAB 1984); In re Bright‑Crest, Ltd., 204 USPQ 591 (TTAB 1979); TMEP §1209.01(b).
The applicant applied to register TUNGSTEN for “trucks and structural parts therefor.” The word TUNGSTEN means “A hard, brittle, corrosion-resistant, gray to white metallic element extracted from wolframite, scheelite, and other minerals, having the highest melting point and lowest vapor pressure of any metal. Tungsten and its alloys are used in high-temperature structural materials; in electrical elements, notably lamp filaments; and in instruments requiring thermally compatible glass-to-metal seals.”[1] Thus, the word TUNGSTEN is merely descriptive of a feature or characteristic of the applicant’s goods in that the trucks or truck parts are made of TUNGSTEN. The applicant should note the attached sampling of excerpts of articles printed from Nexis indicating that car or truck parts can be made of TUNGSTEN. Thus, the proposed mark is merely descriptive of a characteristic and feature of the applicant’s goods and is refused registration on the Principal Register.
Although the examining attorney has refused registration, the applicant may respond to the refusal to register by submitting evidence and arguments in support of registration.
Filing Fee Advisory - 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.
No set form is required for response to this Office action. The applicant must respond to each point raised. The applicant should simply set forth the required changes or statements and request that the Office enter them. The applicant must sign the response.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Stacy B. Wahlberg/
Trademark Attorney
Law Office 113
(703) 308-9113 ext. 206
LO Fax (703) 746-8113
LO email: ecom113@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.
tung·sten
tung·sten (tùng¹sten)
noun Symbol W
A hard, brittle, corrosion-resistant, gray to white metallic element extracted from wolframite, scheelite, and other minerals, having the highest melting point and lowest vapor pressure of any metal. Tungsten and its alloys are used in high-temperature structural materials; in electrical elements, notably lamp filaments; and in instruments requiring thermally compatible glass-to-metal seals. Atomic number 74; atomic weight 183.85; melting point 3,410°C; boiling point 5,900°C; specific gravity 19.3 (20°C); valence 2, 3, 4, 5, 6. Also called wolfram.
[Swedish : tung, heavy (from Old Norse thungr) + sten, stone
(from Old Norse steinn).]
— tung·sten¹ic (-stèn¹îk) adjective
MAIL-IT REQUESTED: SEPTEMBER 4, 2003 10083K
CLIENT: SFFGS
LIBRARY: NEWS
FILE: ALLNWS
YOUR SEARCH REQUEST AT THE TIME THIS MAIL-IT WAS REQUESTED:
TUNGSTEN W/10 (CAR OR TRUCK OR AUTOMOBILE)
NUMBER OF STORIES FOUND WITH YOUR REQUEST THROUGH:
LEVEL 1... 202
LEVEL 1 PRINTED
THE SELECTED STORY NUMBERS:
18,23-24,26,32
DISPLAY FORMAT: 37 VAR KWIC
SEND TO: WAHLBERG, STACY
TRADEMARK LAW LIBRARY
2101 CRYSTAL PLAZA ARC
MAILBOX 314
ARLINGTON VIRGINIA 22202-4600
**********************************07517**********************************
Copyright 2002 Reed Business Information Limited
Chemical News & Intelligence
November 8, 2002
LENGTH: 2259 words
HEADLINE: In Friday's Asia papers
BODY:
... November. The company is the first in Xiamen, a city in Fujian, to go public since end 1999. Liu Tonggao, general manager of the company will use the money collected from the share issuance to upgrade existing facilities and establish new production lines. The company will also purchase a number of tungsten companies in the coming three to five years. The rapid development of the automobile, electronics, machinery and other industries will demand a large amount of high-grade tungsten products, Liu said.
China Daily (online edition)
PTT inks 3-yr deal with Bangkok Airways
Thailand's largest oil and gas conglomerate, PTT, on 7 November said it had ...
Copyright 2002 The San Diego Union-Tribune
The San Diego Union-Tribune
October 20, 2002, Sunday
SECTION: SPECIAL: WHEELS WEEKEND 2003;Pg. 2
LENGTH: 1167 words
HEADLINE: Wheels of distinction; Audi's A4 Cabriolet features full luxury, quiet ride & lengthy list of extras
BYLINE: Mark Maynard; WHEELS EDITOR
BODY:
... top is down.
The dashboard has stylized tubular air vents and aluminum trim, but the AC and vent controls remain an array of push buttons and icons, which is more confusing than the simple rotary knobs in the TT roadster.
High-strength steel reinforcements in the door sills and windshield pillars and a tungsten cross-car brace at the back seat are not empty calories but provide substance and security -- and worth boosting the curb weight to 3,814 pounds.
The sturdy chassis gives barely a shudder when traversing railroad tracks and lumpy roads.
The Cab's pop-up rollover protection system, large trunk and well- ...
Copyright 2002 Times Publishing Company
St. Petersburg Times (Florida)
September 18, 2002 Wednesday 0 South Pinellas Edition
SECTION: EDITORIAL; Pg. 14A
LENGTH: 371 words
HEADLINE: Disorienting headlights
BODY:
Those blazing bluish-white beams barreling down the highway toward you aren't from an oncoming UFO or a runaway train. But for some drivers, they can be just as disorienting and potentially dangerous.
High-intensity-discharge (HID) lights are prominent on many new luxury cars and trucks. Instead of the traditional tungsten filament heated inside a halogen capsule, HIDs work by passing an electric current through xenon gas, with the resulting light projected by reflectors. They produce about three times the output, project a wider beam, use less power and last longer than tungsten-halogen ...
Copyright 2002 Newsday, Inc.
Newsday (New York, NY)
August 9, 2002 Friday ALL EDITIONS
SECTION: WEEK IN WHEELS,
Pg. D09
LENGTH: 311 words
HEADLINE: NOTEBOOK;
Agency Has No Plans To Dim Lights
BYLINE: From Automotive News, (c) 2002 Crain Communications Inc.
BODY:
... said he did not know when officials would consider the matter.
High-intensity-discharge headlamps use bulbs filled with xenon gas to generate a bright light. A study found the lights cause slightly more glare in some situations. The lights provide a wider beam pattern than regular tungsten-halogen lights.
Drivers in oncoming cars said they are bothered by glare and by the blue color, but a researcher said, "The color of the lights bothers people subjectively. But does it blind them? No."
Suzuki's 0-0-7
American Suzuki Motor Corp. has begun a "zero, zero & 7" incentive program that consists of no down payment, ...
Copyright 2002 Wausau Daily Herald (Wausau, WI)
All Rights Reserved
Wausau Daily Herald (Wausau, WI)
May 17, 2002 Friday
SECTION: OPINION; Pg. 8A
LENGTH: 84 words
HEADLINE: Give new xenon headlights a chance
BYLINE: Frank Wicker, Readers
BODY: They were too bright, they blinded drivers. Now most cars use the tungsten-halogen lights.
Perhaps what should be sought are new studies and standards for aiming the new headlights. Perhaps a little bit more downward, and a little more to the right will take away the worst of the glare.
Frank Wicker, Beloit
[1] The American Heritage® Dictionary of the English Language, Third Edition copyright © 1992 by Houghton Mifflin Company. Electronic version licensed from INSO Corporation; further reproduction and distribution restricted in accordance with the Copyright Law of the United States. All rights reserved.