UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/592519
APPLICANT: TOPCO ASSOCIATES, LLC
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: MOUNTAIN AIR
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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 76/592519
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 “liquid cleansers, powdered cleansers,” “ammonia,” “toilet bowl cleaners,” “aerosol disinfectant sprays,” “aerosol bathroom cleaner spray,” “fabric care/laundry pre-wash,” “bleach-chlorine and all fabric” and “auto dish detergents” used to describe the goods needs clarification. TMEP §1402.01.
With regard to the “liquid cleansers” and “powdered cleansers,” the applicant must clarify whether they are facial and skin cleansers in Class 3, or medical cleansers for skin and wounds in Class 5.
With regard to the word “ammonia,” the applicant must clarify the type/use of the ammonia, e.g., ammonia for industrial purposes is a Class 1 good, but ammonia for cleaning purposes is a Class 3 good.
With regard to “toilet bowl cleaners,” the applicant must clarify whether these are “toilet bowl detergents” in Class 3, or “disinfectant toilet bowl cleaners,” in Class 5.
With regard to the wording, “aerosol disinfectant sprays,” the applicant may, if accurate, amend this to “aerosol spray all purpose disinfectant,” in Class 5.
With regard to the wording “aerosol bathroom cleaner spray” the applicant must clarify whether this is “non-disinfectant aerosol bathroom cleaner spray,” in Class 3, or “disinfectant aerosol bathroom cleaner spray” in Class 5.
The wording “fabric care/laundry pre-wash” may, if accurate, be amended to “laundry pre-soak,” in Class 3.
The wording “bleach-chlorine and all fabric” may, if accurate, be amended to “laundry bleach” in Class 3, and “chlorine” in Class 1.
The wording “auto dish detergent” may, if accurate, be amended to “dishwashing detergent for automatic dishwashers,” in Class 3.
Applicant may adopt the following identification of goods, if accurate:
Ammonia for industrial purposes, chlorine.
Enzyme-based laundry detergent, liquid cleansers for face and skin, powdered cleansers for face and skin, soap pads, all purpose cleaner, ammonia for cleaning purposes, glass cleaners, toilet bowl detergents, drain openers, aerosol furniture polish, non-disinfectant aerosol bathroom cleaner spray, laundry pre-soak, laundry bleach, dish detergent, dishwashing detergent for automatic dishwashers, powdered and liquid laundry detergents.
Liquid medical cleansers for skin and wounds, powder medical cleansers for skin and wounds, disinfectant toilet bowl cleaners, aerosol spray all purpose disinfectant, disinfectant aerosol bathroom cleaner spray.
Please note that, while the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.
For assistance with identifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html.
Applicant must clarify the number of classes for which registration is sought. The submitted filing fees are insufficient to cover all the classes in the application. Specifically, the application identifies goods and/or services that are classified in at least three international classes, however applicant paid the fee for only one class.
Applicant must either: (1) restrict the application to the number of class(es) covered by the fee already paid, or (2) pay the required fee for each additional class(es). 37 C.F.R. §2.86(a)(2); TMEP §§810.0l, 1401.04, 1401.04(b) and 1403.01.
If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those goods and/or services based on an intent to use the mark in commerce under Trademark Act Section 1(b):
(1) Applicant must list the goods and/or services by international class with the classes listed in ascending numerical order. TMEP § 1403.01; and
(2) Applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid. 37 C.F.R. §2.86(a)(2); TMEP §§810.01 and 1403.01.
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).
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.
/John Dwyer/
Examining Attorney
Law Office 116
Telephone 571-272-9155
Facsimile 571-273-9155
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.