UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/520712
APPLICANT: Kim, Jay S.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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CORRESPONDENT’S REFERENCE/DOCKET NO: K015
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 e-mail address.
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Serial Number 76/520712
This letter responds to the applicant's communication filed on May 11, 2004.
The applicant has responded to issues concerning the identification of goods. This response has been made of record.
Despite the aforementioned responses, new issues have been brought to light that must be addressed. The examining attorney has determined the following:
The mark as depicted on the drawing does not agree with the mark as it appears on the specimen, and clarification is required. In the present case, the drawing displays the mark as a stylized tornado, and the specimen shows the mark as a stylized tornado in a box. 37 C.F.R. §2.72(a); TMEP §§807.14, 807.14(a) and 807.14(a)(i). Applicant may not submit an amended drawing to conform to the display on the specimen because the character of the mark would be materially altered, i.e., the mark on the specimens creates a different commercial impression from the mark on the drawing.
Therefore, applicant must do one of the following:
(1) submit a substitute specimen showing use of the mark as it appears on the drawing, with a statement that “the substitute specimen was in use in commerce at least as early as the filing date of the application,” verified with a notarized affidavit or a signed declaration under 37 C.F.R. §2.20; 37 C.F.R. §§2.59(a) and 2.72(a); TMEP §904.09; or
(1) amend the basis to Section 1(b) and satisfy all the requirements for this new basis. 37 C.F.R. §2.51; TMEP §807.14.
The applicant should note that the following [refusal based on an informality has been CONTINUED.
The identification of goods is unacceptable as indefinite because the applicant continues to use broad language, such as “components” and “accessories,” both of which could suggest goods for which the applicant does not seek protection. The applicant may adopt the following identification, if accurate:
Air intake systems components and accessories for land vehicles, namely, motor intake systems comprised of air intake manifold, air intake tubes, air intake duct and air cleaner, also known as, Intake and exhaust air flow vane assembly device for use in an internal combustion engine, and arts therefor, in International Class 7.
TMEP section 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. Section 2.71(b); TMEP section 1402.01. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.
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 enters 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.
To avoid lateness due to mail delay, the applicant should add the following certificate to the response to the Office action, retaining a photocopy of the response with the completed certificate in case the response becomes lost.
I hereby certify that this correspondence is being deposited with the United States Postal Service with sufficient postage as first class mail in an envelope addressed to: Assistant Commissioner for Trademarks, 2900 Crystal Drive, Arlington, Virginia 22202-3513, on _____________________.
(Date)
_______________________________________________________________________
(Signature)
_______________________________________________________________________
(Typed or printed name of the person signing the certificate)
The certificate-of-mailing procedure does not apply to the filing of trademark applications.
For your convenience, 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. Also, applicants may retrieve information about pending and registered trademarks from the USPTO’s database by simply entering a valid trademark serial number or registration number at: http://tarr.uspto.gov. Additionally, applicants may contact the Trademark Assistance Center at: 703-308-9000.
If you need information regarding the application process or applying for a Trademark, please access other resources on the Trademark Web page such as: Frequently-Asked Questions or Basic Facts about Trademarks. More detailed information is available in the Trademark Manual of Examining Procedure and the Acceptable Identification of Goods and Services Manual.
Applicants should note that they may now file changes of correspondence address via a new form on TEAS. Address changes may be performed on up to 20 cases at a time. The Trademark Office strongly encourages applicants to use this time-saving form that is available online at: http://eteas.gov.uspto.report/V2.0/ca200/WIZARD.htm
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
The USPTO Trademark Operations will be moving to the new Alexandria, Virginia campus in October and November 2004. During that time, you are strongly encouraged to communicate with the USPTO through the Trademark Electronic Application System (TEAS) which can be found at www.uspto.gov .
Effective October 4, 2004, all Trademark-related paper mail must be sent to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
My Law Office moved on 10/19/04. To reach me by phone after that date call (571) 272-9268.
To submit a fax response to this Office action after that date, send your response to the Law Office fax number, namely (571) 273-9103.
Effective January 31, 2005 and pursuant to the Consolidated Appropriations Act, 2005, Pub. L. 108-447, the following are the fees that will be charged for filing a trademark application:
(1) $325 per international class if filed electronically using the Trademark Electronic Application System (TEAS); or
(2) $375 per international class if filed on paper
These fees will be charged not only when a new application is filed, but also when payments are made to add classes to an existing application. If such payments are submitted with a TEAS response, the fee will be $325 per class, and if such payments are made with a paper response, the fee will be $375 per class.
The new fee requirements will apply to any fees filed on or after January 31, 2005.
NOTICE: TRADEMARK OPERATION RELOCATION
The Trademark Operation has relocated to Alexandria, Virginia. Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Applicants, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at http://www.gov.uspto.report/teas/index.html.
/Ronald E. Aikens/
Trademark Attorney, Law Off. 103
(571) 272-9268 (wk)
(571) 273-9268 (fax)
Ron.Aikens@USPTO.gov
HOW TO RESPOND TO THIS OFFICE ACTION:
STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.
VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.
GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.