UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/592291
APPLICANT: Spectra, Inc.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: SPECTRA JET POWERED
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CORRESPONDENT’S REFERENCE/DOCKET NO: SIEC-T-004
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 76/592291
The assigned trademark examining attorney has reviewed the referenced application and has determined the following.
The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
The wording “support”” in the identification of services needs clarification because it is too broad and could include services classified in other international classes. TMEP §§1402.01 and 1402.03.
Applicant may adopt the following wording in the identification of services, if accurate:
Customer service in the field of printers and parts thereof; customer service in the field of jet devices for extruding, ejecting or dispensing of foodstuffs, decorations, clothing accessories and components, pharmaceutical preparations, medical preparations, biological substances, adhesives, coatings, office supplies, wall coverings and floor coverings; customer service in the field of jet devices for shaping materials into desired forms, in International Class 035
Maintenance and repair services for printers and parts thereof; maintenance and repair services for jet devices for extruding, ejecting or dispensing of foodstuffs, decorations, clothing accessories and components, pharmaceutical preparations, medical preparations, biological substances, adhesives, coatings, office supplies, wall coverings and floor coverings; maintenance and repair services for jet devices for shaping materials into desired forms, in International Class 37.
Technical support services, namely, troubleshooting of problems with printers and parts thereof; technical support services, namely, troubleshooting of problems with jet devices for extruding, ejecting or dispensing of foodstuffs, decorations, clothing accessories and components, pharmaceutical preparations, medical preparations, biological substances, adhesives, coatings, office supplies, wall coverings and floor coverings; technical support services, namely, troubleshooting of problems with jet devices for shaping materials into desired forms, in International Class 042
The examining attorney highly recommends that the applicant consult the online Trademark Acceptable Identification of Goods and Services Manual, found on the Internet at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/, to ensure that any amendments made to the recitation of services comport with Office requirements. While the list is not exhaustive, the manual should give the applicant direction regarding proper international classification and information regarding the specificity required in the applicant’s recitation of services.
Please note that, while the identification of services may be amended to clarify or limit the services, adding to the services or broadening the scope of the services is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include services that are not within the scope of the services set forth in the present identification.
If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following.
(1) The applicant must list the goods/services by international class with the classes listed in ascending numerical order. TMEP §1403.01.
(2) The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid. 37 C.F.R. §§2.6(a)(1) and 2.86(a); TMEP §§810.01 and 1403.01. Effective January 1, 2003, the fee for filing a trademark application is $335 for each class. This applies to classes added to pending applications as well as to new applications filed on or after that date.
Applicant must submit a new drawing showing the entire mark clearly and conforming to 37 C.F.R. §§2.52. The current drawing is not acceptable because the depiction of the mark is unclear; the drawing is a photocopy of the mark that will not reproduce satisfactorily. TMEP §807.07(a). Specifically, the word SPECTRA has some noise (extra marks/dots) that may or may not be intended as shading.
The requirements for a special-form drawing are as follows:
· The drawing must appear in black and white if color is not claimed as a feature of the mark, or in color if color is claimed as a feature of the mark.
· Drawings must be typed or made with a pen or by a process that will provide high definition when copied. A photolithographic, printer’s proof copy, or other high quality reproduction of the mark may be used. All lines must be clean, sharp and solid, and must not be fine or crowded.
· The image must be no larger than 3.15 inches (8 cm) high by 3.15 inches (8cm) wide.
· If reduction of the mark to the required size renders any details illegible, then applicant may insert a statement in the application to describe the mark and these details.
37 C.F.R. §§2.52(b); See TMEP §§807.01(b) and 807.07(a).
If submitted on paper, the Office prefers that the drawing be depicted on a separate sheet of non-shiny, white paper that is 8 to 8.5 inches wide and 11 to 11.69 inches long (20.3 to 21.6 cm. wide and 27.9 to 29.7 cm. long). One of the shorter sides of the sheet should be regarded as its top edge. In addition, the drawing should include the caption “DRAWING PAGE” at the top of the drawing beginning one-inch (2.5 cm) from the top edge. 37 C.F.R. §2.54.
The Office strictly enforces these drawing requirements.
Telephone Encouraged for Clarification
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
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.
/David Elton/
Examining Attorney
Law Office 106
Phone: 571 272-9317
Fax: 571 273-9106
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.