Suspension Letter

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

Serial Number   76/582625             

 

NOTICE OF SUSPENSION

 

This letter responds to the applicant’s communication filed on April 5, 2005.  The applicant’s amendment of the identification of goods for International Class 10 is acceptable.  However, the proposed amended wording for International Class 9 still contains indefinite and unacceptable terms.  Accordingly, the refusal to register based upon the unacceptability of the goods is hereby maintained.

 

Suspension

Action on this application is suspended pending receipt of a true copy, a photocopy, a certification, or a certified copy of a foreign registration from the applicant's country of origin.  If the registration is in a foreign language, an English translation must be submitted. The true copy, photocopy, certification, or certified copy of the registration should be forwarded to the Examining Attorney as soon as possible.  If the foreign application is abandoned, the Examining Attorney should be advised.

 

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.

 

NOTICE:  FEE CHANGE   

 

Effective January 31, 2005 and pursuant to the Consolidated Appropriations Act, 2005, Pub. L. 108-447, the following are the fees that will be charged for filing a trademark application:

 

(1) $325 per international class if filed electronically using the Trademark Electronic Application System (TEAS); or 

 

(2)   $375 per international class if filed on paper

 

These fees will be charged not only when a new application is filed, but also when payments are made to add classes to an existing application. If such payments are submitted with a TEAS response, the fee will be  $325 per class, and if such payments are made with a paper response, the fee will be $375 per class.

 

The new fee requirements will apply to any fees filed on or after January 31, 2005.

 

NOTICE:  TRADEMARK OPERATION RELOCATION

 

The Trademark Operation has relocated to Alexandria, Virginia.  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, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at http://www.gov.uspto.report/teas/index.html.

 

 

/G. Fosdick/

Geoffrey Fosdick

Trademark Attorney

Law Office 111

(540) 851-0865