UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/546128
APPLICANT: A.B.C. Compounding Company, Inc.
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CORRESPONDENT ADDRESS: ROBERT H.G. LOCKWOOD SMITH, GAMBRELL & RUSSELL, LLP SUITE 3100, PROMENADE II 1230 PEACHTREE STREET, NE ATLANTA, GEORGIA 30309-3592 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom102@uspto.gov
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MARK: ROADRUNNER
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CORRESPONDENT’S REFERENCE/DOCKET NO: 018960.019
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 76/546128
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 wording in the identification of goods is unacceptable as indefinite because it identifies goods that may be classified in several classes. Protective coatings are classified in class 1. Engine cleaning preparations is not acceptable and must be specified. In addition, degreasing preparations are classified in more than one class and must be specified. The applicant may wish to consult the on-line identification manual on the PTO homepage for a searchable database of acceptable identifications for goods and services. The manual is available at: http://www.gov.uspto.report/web/offices/tac/doc/gsmanual.
The applicant may amend the identification to the following, if accurate:
Tire sealing compounds; Fabric protectant for [indicate general nature of items, e.g., textiles, carpets]; Waterproofing chemical compositions for articles of leather; Chemical engine treatments and additives for engine oils, gasoline and diesel fuels, transmission fluids and cooling systems; Degreasing preparations used in manufacturing processes for use on [indicate type of surface or field of use], in International Class 1.
Concrete and asphalt cleaning preparations; vat stripper cleaning preparations; steam cleaner preparations, namely, liquid concentrates for liquid steam pressure cleaning and stripper and solvents for removing grease, oil and dirt from hard surfaces; automotive cleaning preparations, namely, coated wheel cleaners, grill cleaners, whitewall tire cleaners, protectant coatings in the nature of [indicate specific type, e.g., automobile finishing]; car and truck wash detergents and waxes; laundry soaps; oven, grill and fryer cleaning preparations; milk processor cleaning preparations; laundry bleach; Degreasing preparations not used in manufacturing processes for use on [indicate specific type of surface or field of use]; aluminum cleaning preparations; brick cleaning preparations; and paint strippers all for industrial or institutional use; toilet bowl cleaning preparations for industrial use; stripping, cleaning and finishing preparations for floors; all purpose cleaning preparations; hand and body soap, carpet cleaning preparations; glass cleaning preparations; and furniture polish, in International Class 3.
Non-chemical engine treatments and additives for engine oils, gasoline and diesel fuels, transmission fluids and cooling systems, in International Class 4.
TMEP section 804.
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. Section 2.71(b); TMEP section 804.09. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.
If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those goods and/or services based on intent-to-use:
(1) Applicant must list the goods and/or services by international class with the classes listed in ascending numerical order. TMEP § 1403.01; and
(2) Applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid. 37 C.F.R. §2.86(a)(2); TMEP §§810.01 and 1403.01.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Michael Webster/
Michael Webster
Examining Attorney
USPTO Law Office 102
(703) 308-9102 ext. 220
ecom102@uspto.gov (formal response)
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.