UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/582632
APPLICANT: Kayaba Industry Co., Ltd.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: TRI-D-MASTER
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CORRESPONDENT’S REFERENCE/DOCKET NO: 080959.22222
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 76/582632
The assigned examining attorney has reviewed the referenced application and determined the following.
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).
The following amendments are required concerning the identification of goods (and will be addressed in the order they appear in the identification of goods):
The wording “springs for land vehicles” in the identification of goods is unacceptable as indefinite. The applicant may amend this wording to “suspension springs for land vehicles,” if accurate. TMEP §1402.01.
The wording “suspensions for land vehicles” in the identification of goods is unacceptable as indefinite. The applicant may amend this wording to “suspension systems for land vehicles,” if accurate. TMEP §1402.01.
The wording “windscreen wipers” in the identification of goods is unacceptable as indefinite. The applicant may amend this wording to “windscreen wipers for motor cars,” if accurate. TMEP §1402.01.
The wording “handle bars for bicycles and cycles” in the identification of goods is unacceptable as indefinite. The applicant may amend this wording to “handle bar stems for bicycle sand motorcycles,” if accurate. TMEP §1402.01.
The wording “front forks for cycles and bicycles” in the identification of goods is unacceptable as indefinite. The applicant may amend this wording to “front fork joints for motorcycles and bicycles,” if accurate. TMEP §1402.01.
The wording “cycles” in the identification of goods is unacceptable as indefinite. The applicant may amend this wording to “motorcycles,” if accurate. TMEP §1402.01.
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. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.
The applicant must rewrite the identification of goods in its entirety because of the nature and extent of the amendment. 37 C.F.R. §2.74(b).
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. §1052(d). TMEP §704.02.
No set form is required for response to this Office action. The applicant must respond to each point raised. The applicant should simply set forth the required changes or statements and request that the Office enter them. The applicant must sign the response. In addition to the identifying information required at the beginning of this letter, the applicant should provide a telephone number to speed up further processing.
The following authorities govern the processing of trademark and service mark applications: The Trademark Act, 15 U.S.C. §§1051 et seq., the Trademark Rules of Practice, 37 C.F.R. Part 2, and the Trademark Manual of Examining Procedure (TMEP).
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.
To reach the undersigned attorney by telephone after November 1, 2004, please call (571) 272 - 9202. Thank you.
/Edward Nelson/
Trademark Examining Attorney
Law Office 106
(703) 308-9106, ext. 197
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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.