To: | ENGELHARD CORPORATION (raymond.keller@engelhard.com) |
Subject: | TRADEMARK APPLICATION NO. 76502403 - SOLITAIRE - N/A |
Sent: | 9/2/03 3:20:39 PM |
Sent As: | ECom106 |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/502403
APPLICANT: ENGELHARD CORPORATION
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CORRESPONDENT ADDRESS: RAYMOND F. KELLER ENGELHARD CORPORATION P. O. BOX 770 ISELIN NEW JERSEY 08830-0770
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom106@uspto.gov
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MARK: SOLITAIRE
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: raymond.keller@engelhard.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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PRIORITY ACTION
OFFICE SEARCH: 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 704.02.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.
Serial Number 76/502403
Identification of Goods:
The wording "effect pigments and decorative film" in the identification of goods is unacceptable as too indefinie and too broad. The applicant may adopt from the following:
Class 001:
Plastic molding compounds for use in the manufacture of plastic sheets and films
Sensitized photographic film
Unexposed camera film
Unexposed cinematographic film
Unexposed photographic film
Class 002:
Clear and pigmented coatings used in the nature of paint
Color pigments
Pigments
Class 009:
Cinematographic film
Cinematographic films [indicate subject matter]
Color filters for television and motion picture film cameras
Color separation film
Exposed camera film
Exposed X-ray film
Film portrait cameras
Motion picture films [indicate subject matter]
Class 010:
Permeable plastic films for medical use
Class 016:
Adhesive plastic film used for mounting images
Correcting film for type
Plastic film not for commercial or industrial purposes
Class 017:
Adhesive-backed plastic films for use in the manufacture of durable labels and nameplates
Cellulose acetate film used as an industrial or commercial packing material
Cellulose acetate film used in the manufacture of photographic or magnetic sound recordings
Cellulose acetate film used in the manufacture of pressure sensitive adhesive tape
Cellulose acetate film used in the manufacture of magnetic sound recordings
Film used as an industrial or commercial packing
Masking film for use in photography and graphic arts
Plastic film for industrial and commercial packing use
Plastic film for use in home or auto windows [indicate tinted, laminated or reflective]
Plastic film for use in laminating paper
Plastic films used as packaging for food
Polypropylene films for [indicate use]
Polyurethane film for use in sealing and insulating
Polyurethane film for use in glass laminations
Polyurethane film for use as building insulation
Polyurethane film for use as a moisture barrier
Polyurethane film for use in sealing and insulating buildings
Polyurethane film for (indicate use)
Tinted, laminated and reflective plastic films for use in home or auto windows
Tubing consisting of plastic films for rehabilitating pipelines and plumbing systems
Recitation and Indentification Amendment Advisory:
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/services that are not within the scope of goods set forth in the present identification.
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 specifically identify the goods and services in each class and list the goods /services by international class with the classes listed in ascending numerical order. TMEP section 1113.01.
(2) 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.
(3) The applicant must submit:
(a) dates of first use and first use in commerce and one specimen for each class that includes goods or services based on use in commerce under Trademark Act Section 1(a). The dates of use must be at least as early as the filing date of this application. 37 C.F.R. Sections 2.34(a)(1) and 2.86(a), and the specimen(s) must have been in use in commerce at least as early as the filing date of the application, and/or
(b) a statement of a bona fide intention to use the mark in commerce on or in connection with all the goods or services specified in each class that includes goods or services based on a bona fide intention to use the mark in commerce under Trademark Act Section 1(b).
The applicant must submit an affidavit or a declaration under 37 C.F.R. Section 2.20 signed by the applicant to verify (3) above. 37 C.F.R. Sections 2.59(a) and 2.71(c).
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/.
/Lourdes D. Ayala/
Lourdes D. Ayala
Examining Attorney
Law Office 106
703-308-9106 x 225
Fax: 703-746-8106
ECOM: ECOM106@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.
To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/
For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm