UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/547622
APPLICANT: CARPENTER CO.
|
|
CORRESPONDENT ADDRESS: SCOTT D. WOLDOW SMITH, GAMBRELL & RUSSELL, L.L.P. 1850 M STREET, N.W., SUITE 800 WASHINGTON, DC 20036
|
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
|
MARK: LOOSE-LOK
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: 032161RZ068
CORRESPONDENT EMAIL ADDRESS:
|
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.
|
PRIORITY ACTION
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.
Serial Number 76/547622
The following issues were discussed in communication with Scott D. Woldow on April 13, 2004.
The assigned trademark examining attorney has reviewed the referenced application filed on September 26, 2003, and has determined the following.
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.
Identification of Goods
The current wording used to describe the goods needs clarification because it is overbroad and classified in more than one possible International class. Applicant may adopt the following identification of goods, if accurate: “loose fill expanded plastic synthetic packaging material for use in packaging food in International class 16; loose fill expanded plastic synthetic packaging material for use in insulating applications in International class 17; loose fill expanded plastic synthetic packaging material for use in building and construction applications in International class 19.” TMEP §1402.01. Acronyms are not normally acceptable in recitals of goods or services unless they are in common usage and commonly understood by the purchasing public.
Please note that, while the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.
Request for Information
Applicant must submit samples of advertisements or promotional materials and a photograph of the identified goods because the nature of the goods on which applicant intends to use its mark is not clear from the present record. If such materials are not available, then applicant must submit samples of advertisements or promotional materials and a photograph of similar goods. In addition, applicant must describe in some detail the nature, purpose and channels of trade of the goods listed in the application. 37 C.F.R. §2.61(b); TMEP §§814 and 1402.01(d).
Classification
Applicant must correct the classification of the goods in the application and amend the application to classify them in International Class 16, or 17 or 19 or any combination of the three international classes. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§1401.02(a) and 1401.03(b).
Combined Applications
If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the requirements below for those goods based on actual use in commerce under Trademark Act Section 1(a):
(1) Applicant must list the goods by international class with the classes listed in ascending numerical order. TMEP §1403.01.
(2) Applicant must submit a filing fee for each international class of goods not covered by the fee already paid. 37 C.F.R. §2.86(a)(2); TMEP §§810.01 and 1403.01.
(3) Applicant must submit:
(a) dates of first use of the mark anywhere and dates of first use of the mark in commerce; the dates of use, both anywhere and in commerce, must be at least as early as the filing date of the application; 37 C.F.R. §§2.34(a)(l)(i), 2.34(a)(1 )(ii) and 2.86(a)(3);
(b) one specimen showing use of the mark for each class of goods; the specimen(s) must have been in use in commerce at least as early as the filing date of the application; 37 C.F.R. §§2.34(a)(1)(iv) and 2.86(a)(3); and
(c) both the dates of use and a statement that "the specimen was in use in commerce at least as early as the filing date of the application" must be verified in a notarized affidavit or a signed declaration under 37 C.F.R. §2.20; 37 C.F.R. §§2.59(a) and 2.71(c).
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Richard A.Straser/
Trademark Examining Attorney
Law Office 114
(703) 308-9114, ext. 178;
fax no. (703) 746-8114
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.
To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/
For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm