UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/540068
APPLICANT: Grupo Empresarial Ence, S.A
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CORRESPONDENT ADDRESS: KAUSHAL R. ODEDRA WENDEROTH, LIND & PONACK, L.L.P. 2033 K STREET, N.W SUITE 800 WASHINGTON, D.C. 20006-1021
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom108@uspto.gov
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MARK: ENCE
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CORRESPONDENT’S REFERENCE/DOCKET NO: TM03_031/KRO
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 76/540068
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. Section 1052(d). TMEP section 1105.01.
The application lists the goods “pulp and cellulose paste for making paper” in International Class 1, and “cellulose blade regenerated; toilet paper” in International class 16. The wording in the proposed identification of goods is unacceptable as indefinite. TMEP section 1402.01. To follow are the examining attorney’s suggestions concerning the applicant’s identification of goods. The applicant may amend the application pursuant to the examining attorney’s suggestions, if accurate:
Paper pulp and unprocessed cellulose, all for manufacturing purposes, namely paper pulp and unprocessed cellulose paste for making paper” in International Class 1.
AND
“Toilet paper, namely toilet paper composed of regenerated cellulose” in International Class 16.
If the applicant has access to the world wide web, it is strongly recommended that it review the Office’s Trademark Manual of Acceptable Identifications and Classifications for Goods and Services at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual.
While an application may be amended to clarify or limit the identification of goods, additions to the identification are not permitted. 37 C.F.R. Section 2.71(b). TMEP section 1402.06. Therefore, the applicant may not amend to include any goods that are not within the scope of the present identification.
The applicant must indicate the relevance of the term “ENCE,” including whether “ENCE” has any significance in the relevant trade, any geographical significance or any meaning in a foreign language. 37 C.F.R. Section 2.61(b).
FEE INCREASE EFFECTIVE JANUARY 1, 2003 (FOR INFORMATION ONLY)
Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class. The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00. Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.
CHANGE OF ADDRESS FOR MAILING TRADEMARK CORRESPONDENCE (FOR INFORMATION ONLY)
To expedite processing, the Office encourages parties to file documents through the Trademark Electronic Application System, at http://www.gov.uspto.report/teas/index.html, wherever possible.
Effective May 1, 2003, the mailing addresses for filing trademark-related documents on paper has changed. See notices at 68 FR 19371 (April 21, 2003) and 68 FR 14332 (March 25, 2003).
All trademark-related correspondence filed by mail, except for documents sent to the Assignment Services Division for recordation and requests for copies of trademark documents, should be addressed to:
Commissioner for Trademarks
2900 Crystal Drive
Arlington, Virginia 22202-3514
The mail box designations previously listed in TMEP §305.01 are no longer in use.
Requests to record documents in the Assignment Services Division can be filed electronically at http://etas.gov.uspto.report/. Paper documents and cover sheets to be recorded in the Assignment Services Division should be sent to:
Mail Stop Assignment Recordation Services
Director of the United States Patent and Trademark Office
P. O. Box 1450
Alexandria VA 22313-1450
Copies of trademark documents can be ordered through the Office’s website at http://www.uspto.gov. Requests for certified or uncertified copies of trademark documents filed on paper should be sent, with an authorization to charge the fee to a credit card or USPTO deposit account, to:
Mail Stop Document Services
Director of the United States Patent and Trademark Office
P. O. Box 1450, Alexandria VA 22313-1450
If the applicant has any questions or needs assistance in responding to this Office Action, please telephone the undersigned examining attorney.
Sonya B. Stephens
/Sonya B. Stephens/
Trademark Attorney
Law Office 108
(703) 308-9108 ext. 227 (phone)
(703) 746-8108 (fax)
fax no. for official responses only
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.