Suspension Letter

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

Serial Number   76/584341             

 

NOTICE OF 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.

 

The examining attorney acknowledges and has entered into the record applicant’s standard character claim.  The examining attorney also acknowledges applicants statement regarding the significance of the wording “SIAMOTIVE.”

 

Applicant’s amended identification of goods for class 3 and 8 remain unacceptable because applicant has not identified the common commercial name of the goods.  Additionally the proposed amendment to the identification cannot be accepted because the wording "accessories for the aforesaid" in class 3 refers to goods that are not within the scope of the identification that was set forth in the application at the time of filing.  While the identification of goods may be amended to clarify or limit the goods, additions to the identification or a broadening of the scope of the identification are not permitted.  37 C.F.R. §2.71(a); TMEP §§1402.06 et seq. and 1402.07.  Therefore, this wording should be deleted from the identification.

 

The requirement for an acceptable identification of the goods is maintained.  Applicant may adopt the suggestions below regarding its identification of goods.

 

International Class 3: abrasives and polishings, namely  flexible abrasives and compact abrasive rolls comprising abrasive material for use as abrasives and polishings; 

 

International Class 8: manually operated hand tools as abrasives and polishings, namely hand tools in the nature of [applicant must specify the common commercial name of the hand tools], grinding and polishing discs, grinding and polishing pads, grinding brushes, grinding belts, grinding threads and grinding foils for hand tools for the treatment of surfaces;

 

The wording “HAND OPERATED COATED ABRASIVES AND POLISHINGS AND NON WOVEN ABRASIVES COMPRISING MECHANICAL FIXTURES AND BONDING FIXTURES” in the identification of goods is unacceptable as indefinite.  The applicant must amend the identification to specify the commercial name of the goods.  If there is no common commercial name for the product, the applicant must describe the product and its intended uses. 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.

 

 

 

 

 

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.

 

 

/Won T. Oh/

Law Office 114

email: won.oh@uspto.gov

(571) 272-9204

Fax: (571) 273-9114