Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/573045

 

The following is in response to the communication received on October 13, 2004.  The requirement that applicant amend the identification of goods is hereby continued and made FINAL.  The requirement that applicant submit a proper standard character claim as discussed below is hereby continued and made FINAL.

 

A.                Identification of Goods

 

The amended identification of goods is unacceptable as indefinite because the examining attorney is unable to determine the exact nature of the goods.  First, applicant must delete the standard character drawing claim from the identification of goods.  This is not part of the identification of goods and, thus, does not belong in the identification of goods.  Second, applicant must delete any editorial wording, i.e., “the products which are the subject goods on which the mark is or will be used,” from the identification of goods.  The applicant may adopt the following identification, if accurate:  Flexible plastic panels for vehicles that shield the interior of the vehicle from water and sound, namely, plastic panels that are flexible in nature and applied between sheet metal components and interior trim components of vehicles, such as doors and the like, to prevent water and noise that is outside of the vehicle from getting into the interior of the vehicle.  TMEP section 804.

 

The applicant must rewrite the identification in its entirety, listing each good or service according to its appropriate international classification, with the international classes listed in ascending order.  37 C.F.R. Section 2.74(b).  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 or services that are not within the scope of the goods or services listed in the present identification.

 

B.                 Standard Character Drawing Claim Required

 

Applicant must submit the following standard character claim:  “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 claim must be submitted in a separate section of the Office action response, and not as part of the identification of goods because, if the applicant lists it in the identification of goods, the Office is not permitted to extract it from the rest of the identification of goods.

 

 

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  November 2, 2004.  To reach me by phone after that date call (571) 272-9348. 

 

To submit a fax response to this Office action after that date, send your response to the Law Office fax number, namely (571) 273-9108.

 

Please note that the only appropriate responses to a final action are either (1) compliance with the outstanding requirements, if feasible, or (2) filing an appeal to the Trademark Trial and Appeal Board.  37 C.F.R. Section 2.64(a).  If the applicant fails to respond within six months of the mailing date of this refusal, this office will declare the application abandoned.  37 C.F.R. Section 2.65(a).

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

                                                                        Regards,

 

Scott M. Oslick

Trademark Examining Attorney

Law Office 108

(703) 308-9108 x117

(703) 746-8108 (Fax for Official Responses Only)

 

 

How to respond to this Office Action:

 

You may respond formally using the Office's Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://eteas.gov.uspto.report/V2.0/oa242/WIZARD.htm and follow the instructions therein, but you must wait until at least 72 hours after receipt if the office action issued via e-mail).  PLEASE NOTE: Responses to Office Actions on applications filed under the Madrid Protocol (Section 66(a)) CANNOT currently be filed via TEAS.

 

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

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.