Suspension Inquiry

UNITED STATES PATENT AND TRADEMARK OFFICE

 

SUSPENSION INQUIRY

 

RESPONSE TIME LIMIT:  TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE.

 

QUESTIONS:  For inquiries or questions about this Office action, please contact the assigned trademark examining attorney.

 

Serial Number 76/582625

 

Applicant must indicate the status of the relevant foreign application(s).  Action on this       application was suspended pending receipt of a true copy, a photocopy, a certification, or a certified copy of the certificate of registration(s) in the country of origin of applicant.  15 U.S.C. §1126(e); TMEP §§716.02(b) and 1004 et seq. 

 

If applicant also has a Section 1 basis for registration, please note that applicant has the option to delete the Section 44(e) basis and proceed solely under the Section 1 basis.  15 U.S.C. §1051.  If applicant chooses to delete the Section 44(e) basis, this Office will then approve the mark for publication without waiting for applicant to submit a copy of the foreign registration, after all other outstanding issues are resolved.  TMEP §§806.02(f) and 806.04(b).

 

Identification of Goods Refusal Maintained

Please note, the proposed wording “alcohol breath testing units, breath analyzers, namely, devices for measuring the quantity of chemicals causing bad breath, not including alcohol, for personal use” is vague and contradictory.  The proposed wording defines an alcohol breath testing unit which does not test for alcohol.  Furthermore, it exceeds the scope of the original identification.  The applicant may amend this wording to the following, if accurate.  “Alcohol breath testing units, breath analyzers” in International Class 9.  

 

The proposed wording “electrical communication machines and instruments, namely, communication devices” is not specific enough.  In the identification, the applicant must use the common commercial names for the goods, be as complete and specific as possible and avoid the use of indefinite words and phrases.  If the applicant chooses to use indefinite terms, such as “accessories,” “components,” “devices,” “equipment,” “materials,” “parts,” “systems” and “products,” then those words must be followed by the word “namely” and the goods listed by their common commercial names.  TMEP §§1402.01 and 1402.03(a).

 

Finally, the applicant must remove the abbreviation “etc.” from the identification.  This term is vague and indefinite.

 

 

 

 

/G. Fosdick/

Geoffrey Fosdick

Trademark Attorney

Trademark Law Office 111

(540) 851-0865

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond formally using the Office’s Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://www.gov.uspto.report/teas/index.html and follow the instructions, but if the Office Action has been issued via email, you must wait 72 hours after receipt of the Office Action to respond via TEAS).
• REGULAR MAIL RESPONSE:  To respond by regular mail, your response should be sent to the mailing return address above and include the serial number, law office number and examining attorney’s name in your response.

 

STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.

 

VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.

 

GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm