Offc Action Outgoing

AQUALUX

Menard, Inc.

TRADEMARK APPLICATION NO. 76538809 - AQUALUX - N/A

To:	Menard, Inc. (dsands@menard-inc.com)
Subject:	TRADEMARK APPLICATION NO. 76538809 - AQUALUX - N/A
Sent:	7/27/2005 7:59:59 AM
Sent As:	ECOM112@USPTO.GOV
Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/538809

APPLICANT: Menard, Inc.

*76538809*

CORRESPONDENT ADDRESS:

RETURN ADDRESS:

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA 22313-1451

MARK: AQUALUX

CORRESPONDENT’S REFERENCE/DOCKET NO: N/A

CORRESPONDENT EMAIL ADDRESS:

dsands@menard-inc.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.

OFFICE ACTION

RESPONSE TIME LIMIT: TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE.

Serial Number 76/538809

This letter responds to applicant’s communication date 06/07/05. Applicant’s amended identification of goods is unacceptable for the reasons listed below.

SECTION 2(D) REFUSAL - CONTINUED

With respect to the amended identification of goods and it’s serving to overcome the likelihood of confusion based on U.S. Registration No. 2760094 the examining attorney finds the following. Even though the applicant has limited the channels of trade in which its goods are likely to travel, the registrant does not have a limitation on the channels of trade and its goods are likely to travel anywhere. Therefore the 2(d) refusal is continued as non-final.

AMENDED IDENTIFICATION OF GOODS IS UNACCEPTABLE

Additionally, please note that applicant’s amended identification is unacceptable as submitted for the applicant made reference to a trademark registration and it does not matter that it belongs to the applicant. No reference to other trademarks or service marks is permitted. The examining attorney suggests the following amendment, if accurate:

“Whirlpools, bathtubs, toilets, and sinks sold exclusively through applicant’s home improvement retail stores, in International Class 11.”

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

Florentina Blandu, Esq.

l.o.112

tel. (571) 272-9128

fax (571) 273-9128

e-mail florentina.blandu@uspto.gov (for informal communications only)

HOW TO RESPOND TO THIS OFFICE ACTION:

ONLINE RESPONSE: You may respond formally using the Office’s Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://www.gov.uspto.report/teas/index.html and follow the instructions, but if the Office Action has been issued via email, you must wait 72 hours after receipt of the Office Action to respond via TEAS).
REGULAR MAIL RESPONSE: To respond by regular mail, your response should be sent to the mailing return address above and include the serial number, law office number and examining attorney’s name in your response.

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.