UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/541026
APPLICANT: Scotsman Group Inc
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*76541026* |
CORRESPONDENT ADDRESS: STEPHEN CHESNOFF SHACK SIEGEL KATZ & FLAHERTY PC 530 5TH AVENUE NEW YORK, NY 10036
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: AQUA BULLET
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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 76/541026
This letter responds to the applicant's communication filed on April 27, 2004. The applicant (1) amended the identification of goods and (2) disclaimed the term AQUA.
The disclaimer of AQUA is acceptable.
The amendment to the identification of goods is unacceptable.
The requirement to amend the identification of goods is continued and made FINAL
Identification of Goods
The identification of goods is unacceptable as indefinite. The wording "anti-microbial wand" in the identification of goods needs clarification because the nature of the goods is unclear. Applicant must amend the identification of goods to specify the common commercial or generic name for the goods. If there is no common commercial or generic name for the product, then applicant must describe the product and intended consumer as well as its main purpose and intended uses. TMEP §1402.01.
The applicant may adopt the following identification, if accurate: Anti-microbial wand in the nature of an electrical anode for inhibiting the growth of mold, bacteria and slime molds, sold as a component part of ice-making machines, in Class 11. 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.
Options
Applicant may respond to this final action by:
(1) submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); and/or
(2) filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class (37 C.F.R. §§2.6(a)(18) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).
In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2). 37 C.F.R. §2.64(a). See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matter. The petition fee is $100. 37 C.F.R. §2.6(a)(15).
/Alice Benmaman/
Trademark Attorney
Law Office 116
(703) 306-7911
FX: (703) 746-8116
RESPOND AT http://www.gov.uspto.report/teas/index
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 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.