UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/507502
APPLICANT: Moenickheim, Peter
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CORRESPONDENT ADDRESS: PETER MOENICKHEIM 5540 CAPLESTONE LANE DUBLIN OH 43017
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom112@uspto.gov
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MARK: AQUA ICE
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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 76/507502
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.
However, the applicant must address the following to enable further prosecution of this file.
The TM is not part of the mark, and the applicant should delete this from the drawing. TMEP §§807.04 and 807.15.
Further, the applicant is advised that the drawing is not acceptable because the black background is not dark and clear. Therefore, the mark will not reproduce satisfactorily. The applicant must submit a new drawing showing the mark clearly and conforming to 37 C.F.R. §2.52. TMEP §807.07(a).
The requirements for a special‑form drawing are as follows:
(1) The drawing must appear in black and white; no color is permitted.
(2) Every line and letter must be black and clear.
(3) The use of gray to indicate shading is unacceptable.
(4) The lining must not be too fine or too close together.
(5) The preferred size of the area in which the mark is displayed is 2½ inches (6.1 cm.) high and 2½ inches (6.1 cm.) wide. It should not be larger than 4 inches (10.3 cm.) high or 4 inches (10.3 cm.) wide.
(6) If the reduction of the mark to the required size renders any details illegible, the applicant may insert a statement in the application to describe the mark and these details.
37 C.F.R. §2.52; TMEP §§807.01(b) and 807.07(a). The Office will enforce these drawing requirements strictly.
The Office prefers that the drawing be depicted on a separate sheet of smooth, nonshiny, white paper 8 to 8½ inches (20.3 to 21.6 cm.) wide and 11 inches (27.9 cm.) long, and that the sheet contain a heading listing, on separate lines, the applicant’s complete name; the applicant’s address; the goods or services recited in the application; and, if the application is filed under Section 1(a) of the Act, the dates of first use of the mark and of first use of the mark in commerce; or, if the application is filed under Section 44(d), the priority filing date of the foreign application. 37 C.F.R. §2.52(b); TMEP §§807.01(a), 807.01(b), 807.01(c) and 807.07(a).
Further, the applicant must insert a disclaimer of AQUA ICE in the application. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.08(a)(i). “Aqua” means water and “ice” is water frozen solid. See http://dictionary.reference.com/search?q=ed. Thus, this wording is merely descriptive when used on or in connection with the identified encapsulated water designed to be frozen into ice.
A disclaimer does not remove the disclaimed matter from the mark. It is simply a statement that the applicant does not claim exclusive rights in the disclaimed wording or design apart from the mark as shown in the drawing.
A properly worded disclaimer should read as follows:
No claim is made to the exclusive right to use AQUA ICE apart from the mark as shown.
The applicant has also classified the goods incorrectly. The applicant must amend the application to classify the goods in International Class 30. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§1401.02(a) and 1401.03(b).
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 responds electronically, the response must be signed electronically; e.g. the signatory must enter any combination of alpha/numeric characters that has been specifically adopted to serve the function of the signature; preceded and followed by the forward slash symbol (/). See 64 CFR 33056, 33062 (June 21, 1999).
The following authorities govern the processing of trademark and service mark applications: The Trademark Act, 15 U.S.C. §§1051 et seq., the Trademark Rules of Practice, 37 C.F.R. Part 2, and the Trademark Manual of Examining Procedure (TMEP). The applicant may find an electronic version of the TMEP by visiting http://www.gov.uspto.report/web/offices/tac/tmep/.
Due to the technicalities involved in the federal trademark application and for specific legal advice regarding the successful prosecution thereof, the applicant may wish to hire a trademark attorney. The Patent and Trademark Office cannot aid in the selection of an attorney.
The status of this application may be checked by calling 703/305-8747 or by visiting our website as listed below.
General questions about registering federal trademarks may be answered by calling 703/308-9000 (Trademark Assistance Center).
/kbp/
Kimberly Boulware Perry
Attorney, US Patent & Trademark Office
phone: 703-308-9112 x251; fax: 703-746-8112
email: Ecom112@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.