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  76/518039

 

The assigned examining attorney has reviewed the referenced application and determined the following.

 

No Conflicting Mark Noted

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 wording “Safety goggles; gas welding goggles; safety spectacles; safety helmets; browguards; bump caps; chin straps; industrial safety anti-dust respirators and cartridges; industrial safety anti-chemical respirators and cartridges; industrial protective ear plugs; industrial protective ear muffs; air-supplied sandblast hoods; air-supplied spray painting hoods; anti-chemical hoods; air-supplied masks; industrial safety belts (not used for automobiles); aluminized gloves; aluminized hoods; aluminized coats; aluminized trousers; aluminized boots; aluminized gaiters; aluminized aprons with sleeves; aluminized aprons; aluminized sleeves; eye-wash bottles; industrial emergency eyewash and shower; arc-welding helmets; industrial safety faceshields and components; ground clamps” in the identification of goods is unacceptable as indefinite. 

 

The applicant may amend this wording to “Industrial safety equipment, namely, safety goggles, gas welding goggles, safety spectacles, safety helmets; browguards, bump caps, chin straps, industrial safety anti-dust respirators and cartridges, industrial safety anti-chemical respirators and cartridges, industrial protective ear plugs, industrial protective ear muffs, air-supplied sandblast hoods, air-supplied spray painting hoods, anti-chemical hoods, air-supplied masks, arc-welding helmets, industrial safety faceshields and component parts, industrial safety belts [specify use, e.g., for use as a safety harness] (please note, weight lifting belts are classified in INT. CLASS 28); protective clothing, namely, aluminized gloves, aluminized hoods, aluminized coats, aluminized trousers, aluminized boots, aluminized gaiters, aluminized aprons with sleeves, aluminized aprons, aluminized sleeves, safety ground clamps,” in INT. CLASS 9; and/or “Plastic water bottles sold empty, namely, eye-wash bottles,” in INT. CLASS 21; and/or “industrial emergency eye washes,” in INT. CLASS 5; and/or “industrial emergency portable showers,” in INT. CLASS 11, if accurate.  TMEP §1402.01.

 

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. §2.71(a); TMEP §1402.06.  Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.

 

Requirements for a Combined Application

If the applicant prosecutes this application as a combined, or multiple‑class, application based on use in commerce under Trademark Act Section 1(a), 15 U.S.C. §1051(a), the applicant must comply with each of the following:

 

(1)  The applicant must specifically identify the goods in each class and list the goods by international class with the classes listed in ascending numerical order.  TMEP §1403.01.

 

(2)  The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid.  37 C.F.R. §§2.6(a)(1) and 2.86(b); TMEP §§810.01 and 1403.01.  Effective January 1, 2003, the fee for filing a trademark application is $335 for each class.  This applies to classes added to pending applications as well as to new applications filed on or after that date.  

 

(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. §§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), where such statement was not included for the goods or services in the original application.

 

(4)  The applicant must submit an affidavit or a declaration under 37 C.F.R. §2.20 signed by the applicant to verify (3) above.  37 C.F.R. §§2.59(a) and 2.71(c).

 

If applicant should fail to respond to this Office action within the six month time limit, then the following goods and/or services will be deleted from the application:  Eye-wash bottles; industrial emergency eyewash and shower; industrial safety belts (not used for automobiles); aluminized gloves; aluminized hoods; aluminized coats; aluminized trousers; aluminized boots; aluminized gaiters; aluminized aprons with sleeves; aluminized aprons; aluminized sleeves; ground clamps. 

 

The application will then proceed forward for the following goods and/or services only:  Safety goggles, gas welding goggles, safety spectacles, safety helmets; browguards, bump caps, chin straps, industrial safety anti-dust respirators and cartridges, industrial safety anti-chemical respirators and cartridges, industrial protective ear plugs, industrial protective ear muffs, air-supplied sandblast hoods, air-supplied spray painting hoods, anti-chemical hoods, air-supplied masks, arc-welding helmets.

 

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

 

 

 

/Curtis French/

Trademark Attorney

Law Office 115

ecomm115@uspto.gov

703-308-9115 ext. 250

 

 

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

 

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