To: | The Bell Group (Sharon.Christenson@tbg.riogrande.com) |
Subject: | TRADEMARK APPLICATION NO. 76525957 - FLOWLOGIC - N/A |
Sent: | 1/9/04 12:36:10 PM |
Sent As: | ECom102 |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/525957
APPLICANT: The Bell Group
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CORRESPONDENT ADDRESS: THE BELL GROUP 7500 BLUEWATER NW ALBUQUERQUE NM 87121-1962
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom102@uspto.gov
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MARK: FLOWLOGIC
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: Sharon.Christenson@tbg.riogrande.com |
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 76/525957
The assigned examining attorney has reviewed the referenced application and determined the following.
Search Results
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 “Integrated system to control the flow of molten metal from crucible to mold” in the identification of goods is unacceptable as indefinite. The applicant must amend the identification to further specify the commercial nature of the major components comprising this system. For example, the wording “component of induction heated casting machines to control the flow of molten metal from crucible to mold” is acceptable in International Class 7. 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.
Specimen
The specimen is unacceptable as evidence of actual trademark use because it consists of advertising for the goods. Invoices, announcements, order forms, bills of lading, leaflets, brochures, publicity releases and other printed advertising material generally are not acceptable specimens. In re Bright of America, Inc., 205 USPQ 63 (TTAB 1979); TMEP §§904.05 and 904.07. See In re Ultraflight Inc., 221 USPQ 903 (TTAB 1984). The applicant must submit a specimen showing the mark as it is used in commerce. 37 C.F.R. §2.56. Examples of acceptable specimens are tags, labels, instruction manuals, containers, and photographs that show the mark on the goods or packaging. TMEP §§904.04 et seq. The applicant must verify, with an affidavit or a declaration under 37 C.F.R. §2.20, that the substitute specimen was in use in commerce at least as early as the filing date of the application. 37 C.F.R. §2.59(a); TMEP §904.09.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone, e-mail or fax the assigned examining attorney.
/DominicJFerraiuolo/
Trademark Examining Attorney
Law Office 102
e-mail: ecom102@uspto.gov
(703) 920-1480
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 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.