UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/519270
APPLICANT: SPACESAVER CORPORATION
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CORRESPONDENT ADDRESS: MICHAEL L. NOVITSKI SPACESAVER CORPORATION C/O KRUEGER INTERNATIONAL, INC. 1220 BELLEVUE STREET GREEN BAY, WISCONSIN 54302 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom115@uspto.gov
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MARK: POWERLINK
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CORRESPONDENT’S REFERENCE/DOCKET NO: 353.265
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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The assigned examining attorney has reviewed the referenced application and determined the following.
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.
The nature of the service is not clear from the present record. In order to allow proper identification and classification of the services on which the applicant intends to use the mark, the applicant must submit samples of advertisements or promotional materials for the services.
If such materials do not exist, the applicant must describe the nature, purpose and channels of trade of the services with which the applicant has asserted a bona fide intent to use the mark. 37 C.F.R. §2.61(b); TMEP §§814 and 1402.01(d).
INTERNATIONAL CLASS 35
The recitation of services is unacceptable as indefinite. The applicant may adopt the following recitation, if accurate:
Computerized on-line retail services and electronic catalog services all featuring office furniture, shelving and bookcases; on-line customer services in the field of office furniture, shelving and bookcases; and providing links to web sites of others featuring retail and wholesale office furniture stores, in International Class 35. TMEP §1402.11.
The applicant must amend the recitation of services to specify the specific services that it intends to provide for others. The applicant must refer to the services by their common commercial (generic) names. The applicant must also amend the recitation of services to specify the specific subject matter of the services. The applicant should note that the Office does not recognize the activities of sales or selling to be services. The applicant should note use the words sales or selling in the recitation of services.
For the applicant’s assistance and convenience, the examining attorney notes that the Office maintains a web site containing the Acceptable Identification of Goods and Services Manual, located at www.gov.uspto.report/web/offices/tac/doc/gsmanual/search.html. The applicant should use the listings located in this database exactly as worded if possible. Please note that use by the applicant of parenthesis within an identification of the goods is unacceptable as indefinite. With regard to those listings in the Office’s database that include terms within parenthesis and/or brackets, the applicant must set forth the term(s) that specifically cover the applicant’s goods or services. As always, any identification of goods or recitation of services the applicant chooses to adopt should 1) accurately describe the applicant’s goods or services; 2) be placed in the correct class of goods or services; and 3) list only those goods or services within the scope of those included in the original application.
In the identification, the applicant should use the common commercial designation for the services, be as complete and specific as possible and avoid the use of indefinite words and phrases. The applicant may not include broad wording such as “services in connection with...” or “such as” or “including” or “and like services” or “systems” or “products” or “concepts” or “not limited to....” TMEP §§1402.03(a) and 1402.11.
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 services that are not within the scope of the services recited in the present identification.
The applicant must indicate whether the wording “POWERLINK” or “POWER LINK” has any significance in the relevant trade or industry or as applied to the services. 37 C.F.R. §2.61(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. In addition to the identifying information required at the beginning of this letter, the applicant should provide a telephone number to speed up further processing.
The applicant may wish to hire a trademark attorney because of the technicalities involved in the application. The Patent and Trademark Office cannot aid in the selection of an attorney. 37 C.F.R. §2.11.
In all correspondence to the Patent and Trademark Office, the applicant should list the name and law office of the examining attorney, the serial number of this application, the mailing date of this Office action, and the applicant’s telephone number.
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 “TMEP” refers to the Trademark Manual of Examining Procedure (3rd ed., Rev. 1, June, 2002), available on the United States Patent and Trademark Office web site at www.uspto.gov.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Glenn Clark/
Trademark Attorney
Law Office 115
(703) 308-9115, ext. 121
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.