UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/558000
APPLICANT: Reactive NanoTechnologies, Inc.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: NANOFOIL
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CORRESPONDENT’S REFERENCE/DOCKET NO: 09118.0003
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.
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Serial Number 76/558000
This letter responds to the applicant’s communication filed on July 26, 2004.
The amendment to allege use is acceptable and made of record. The requirement to provide an acceptable identification of goods is maintained and made FINAL.
The identification of goods is unacceptable as indefinite. As discussed with the applicant’s attorney, the applicant must identify the goods with more specificity including its material composition and function. The applicant may adopt the following identification, if accurate:
Heat transfer chemicals in the form of reactive multilayer sheets that alternate between one of the following material pairs, nickel and aluminum, zirconium and aluminum, palladium and aluminum, titanium and silicon, zirconium and silicon, niobium and silicon, titanium and carbon, zirconium and carbon, hafnium and carbon, titanium and boron, zirconium and boron, hafnium and boron, aluminum and copper oxide, aluminum and iron oxide, which support self-propagating reactions and act as local heat sources in joining, ignition, and propulsion applications in International Class 1."
The applicant may wish to consult the on-line identification manual on the PTO homepage for acceptable common names of goods and services.
http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/
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(a); 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 fails to respond to this final action within six months of the mailing date, the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). 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).
NOTICE: TRADEMARK OPERATION RELOCATING OCTOBER AND NOVEMBER 2004
The Trademark Operation is relocating to Alexandria, Virginia, in October and November 2004. Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Applicants, registration owners, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at www.uspto.gov.
My Law Office will move on October 25, 2004. To reach me by phone after that date call (571) 272-9361.
To submit a fax response to this Office action after that date, send your response to the Law Office fax number, namely (571) 273-9361.
/Tarah K. Hardy Ludlow/
Trademark Attorney
Law Office 110
(703) 308-9110 x. 223
(703) 746-6493 fax
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.