To: | Atrium Companies, Inc. (rebeccamyers@paulhastings.com) |
Subject: | TRADEMARK APPLICATION NO. 76565814 - SCULPTURED SQUARES - N/A |
Sent: | 6/25/04 3:04:18 PM |
Sent As: | ECom102 |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/565814
APPLICANT: Atrium Companies, Inc.
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*76565814*
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CORRESPONDENT ADDRESS: REBECCA KELDER MYERS PAUL, HASTINGS, JANOFSKY & WALKER LLP 75 EAST 55TH STREET NEW YORK NY 10022
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RETURN ADDRESS: Commissioner for Trademarks2900 Crystal DriveArlington, VA 22202-3514
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MARK: SCULPTURED SQUARES
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: rebeccamyers@paulhastings.com |
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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EXAMINER’S AMENDMENT/PRIORITY ACTION
OFFICE SEARCH: 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 704.02.
TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. This case will be given priority as an amended case if you respond to the requirements stated below within two months.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.
Serial Number 76/565814
In accordance with the authorization granted by TMEP section 707.02, the application has been AMENDED as indicated below. If the identification of goods or services has been amended, please note that any future amendments must be in accordance with 37 C.F.R. 2.71(a); TMEP section 1402.07(e). Please advise the undersigned if there is an objection to the amendment.
The following standard character drawing claim is added to the record:
The mark is presented in standard characters without claim to any particular font style, size, or color.
37 C.F.R. §2.52(a).
This case will be given priority as an amended case if you respond to the requirements stated below within two months.
The identification of goods is unacceptable as indefinite. Applicant should clarify that the goods are in the nature of non-metal construction elements. The applicant may adopt the following identification, if accurate. TMEP §1402.01.
“Construction elements not made of metal, namely, faux glass blocks for use with indoor and outdoor building construction, in International Class 19.”
The applicant may want to consult The Acceptable Identification of Goods and Services Manual, published by the U.S. Patent and Trademark Office which is available on-line at www.gov.uspto.report/web/offices/tac/doc/gsmanual/. As set forth in the TMEP, this manual "contains identifications of goods and services and their classifications that are acceptable in the Office without further inquiry by an examining attorney." TMEP sec. 1402.04.
Please note that, while the identification of goods or services may be amended to clarify or limit the goods or services, adding to the goods or services or broadening the scope of the goods or services is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include goods or services that are not within the scope of the goods or services set forth in the present identification.
DISCLAIMER REQUIREMENT
Applicant must disclaim the descriptive wording SQUARES apart from the mark as shown. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.03(a). The term immediately describes and names the characteristics and features of the goods, namely, it refers to the shape of the goods.
The following is the accepted standard format for a disclaimer:
“No claim is made to the exclusive right to use SQUARES apart from the mark as shown.”
A disclaimer does not physically remove the disclaimed matter from the mark, but rather is a written statement that applicant does not claim exclusive rights to the disclaimed wording or design separate and apart from the mark as shown in the drawing.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/John M. Gartner/
Trademark Examining Attorney
Law Office 102
(703) 308-9102 ext. 134
(703) 746-8102 (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 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