Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

Serial Number  76/513458

 

The examining attorney has reviewed the applicant’s response to the Notice of Suspension and has determined as follows:

 

FOREIGN CERTIFICATE OF REGISTRATION UNACCEPTABLE BECAUSE THE IDENTIFICATION OF GOODS IN THE U.S. APPLICATION EXCEEDS THE SCOPE OF THE IDENTIFICAITON IN THE FOREIGN CERTIFICATE OF REGISTRATION

 

The current identification in the U.S. application reads “air purifying units for commercial, domestic and industrial use.”  The identification in the underlying Canadian registration reads “Air treater systems using ultra violet light” (emphasis added). 

 

The present identification of goods in the United States application is unacceptable because it exceeds the scope of the goods identified in the foreign certificate of registration.  In re Lowenbrau München, 175 USPQ 178 (TTAB 1972); 37 C.F.R. Applicant must amend the identification of goods in the U.S. application to correspond to the goods identified in the foreign certificate of registration by clarifying that the applicant’s air purifying units use ultra violet light.”  §2.32(a)(6); TMEP §§1012 and 1402.01(b).  Thus, the applicant must amend the identification to read “Air purifying units using ultra violet light for commercial, domestic and industrial use”, if accurate.

 

Comments

Current status and status date information is available, via push button telephone, for all federal trademark registration and application records maintained in the automated Trademark Reporting and Monitoring (TRAM) system.  The information may be accessed by calling (703) 305‑8747 from 6:30 a.m. until midnight, Eastern Time, Monday through Friday, and entering a seven‑digit registration number or eight‑digit application number, followed by the "#" symbol, after the welcoming message and tone.  Callers may request information for up to five registration number or application number records per call.

If the applicant has any additional questions or needs assistance in responding to this Office Action, please telephone the assigned examining attorney.

 

 

Nancy Clarke

/nancy clarke/

Trademark Examining Attorney

Law Office 102

Tel. (703) 308-9102, Ext. 212

Fax (703) 746-8102

 

 

 

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 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

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.