Examiners Amendment

ROTOMOTION

Koch, Mark

Examiners Amendment

UNITED STATES PATENT AND TRADEMARK OFFICE

UNITED STATES PATENT AND TRADEMARK OFFICE

 

    SERIAL NO: 76/514508

 

    APPLICANT:         Koch, Mark

 

      

 

       

 

    CORRESPONDENT ADDRESS:

MARK A KOCH

866 MAIN STREET EAST

HAMILTON, ONTARIO, CANADA, L8M 1L9

 

 

RETURN ADDRESS: 

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

ecom103@uspto.gov

 

 

If no fees are enclosed, the address should include the words "Box Responses - No Fee."

    MARK:          ROTOMOTION

 

 

 

    CORRESPONDENT’S REFERENCE/DOCKET NO:   409T1

 

    CORRESPONDENT EMAIL ADDRESS: 

 

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 email address.

 

 

Serial Number  76/514508

 

 

EXAMINER’S AMENDMENT

 

In accordance with the authorization granted by Mark Koch on October 16, 2003, the application has been AMENDED as indicated below.  Please note that if the identification of goods or services has been amended below, any future amendments must be in accordance with 37 C.F.R. 2.71(a); TMEP section 1402.07(e).  No response is necessary unless there is an objection to the amendment.  If there is an objection to the amendment, the applicant should notify the examining attorney immediately.

 

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.

 

Identification of Goods

The identification of goods is amended to read as follows: 

 

            Drill attachments, drill driver attachments, bit holders, drill drivers, all for use with power tools in International Class 7.

 

TMEP § 1402.11.

 

Clarification of Basis

Applicant has clarified that he intends to rely solely on the §44 basis.

 

Certificate of Registration Required

If the applicant is asserting §44(e) as a basis for registration (based on the foreign registration that will issue from the application that the applicant relied on for priority), the applicant must submit a true copy, a photocopy, a certification, or a certified copy of a foreign registration from the applicant’s country of origin.  The applicant’s country of origin must either be a party to a convention or treaty relating to trademarks to which the United States is also a party, or must extend reciprocal registration rights to nationals of the United States by law.  See TMEP §§1002.01, 1003.03 and 1004.

 

If the foreign certificate of registration is not written in English, the applicant must provide an English translation.  The translator should sign the translation.  See TMEP §§1004.01 and 1004.01(b).

 

The next action will be to suspend the application for a foreign registration.

 

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.

 

 

 

/M. Catherine Faint/

Trademark Attorney

Law Office 103

phone: (703) 308-9103 x225

fax: (703) 746-6158

ecom103@uspto.gov

 


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