UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/536691
APPLICANT: DESA IP, LLC
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CORRESPONDENT ADDRESS: MANUEL R. VALCARCEL GREENBERG TRAURIG, P.A. 1221 BRICKELL AVENUE MIAMI, FLORIDA 33131
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom106@uspto.gov
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MARK: LIFETIME FINISH
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CORRESPONDENT’S REFERENCE/DOCKET NO: 61467.010100
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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Serial Number 76/536691
The assigned trademark examining attorney has reviewed the referenced application filed on July 7, 2003, and has determined the following.
Disclaimer of Wording
Applicant must disclaim the descriptive wording “LIFETIME FINISH” apart from the mark as shown because it merely describes a feature of the goods, which are door chimes and push buttons for doorbells that have a “Finish” or a particular surface texture that will last a “Lifetime” or for the period of time which the goods exist. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.03(a).
The computerized printing format for the Office’s Trademark Official Gazette requires a standardized format for a disclaimer. TMEP §1213.08(a)(i). The following is the standard format used by the Office:
No claim is made to the exclusive right to use “LIFETIME FINISH” apart from the mark as shown.
See In re Owatonna Tool Co., 231 USPQ 493 (Comm’r Pats. 1983).
Description Needed
Applicant must submit a concise description of the mark. 37 C.F.R. §2.37; TMEP §§808 et seq.
If the stippling shown in the drawing is a feature of the mark, the applicant must submit a statement to that effect. 37 C.F.R. §2.37; TMEP §807.09(e).
If the stippling in the drawing is for shading purposes only, then the applicant must provide a statement indicating such. 37 C.F.R. §2.37; TMEP §807.09(e).
Search Results
The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
__________________________
/Judy Grundy/
Trademark Examining Attorney
Law Office 106
(703) 308-9106 ext. 296
(703) 746-8106 fax number
ecom106@uspto.gov (official responses)
judy.grundy@uspto.gov (non-responsive questions)
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.