UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/594701

 

The assigned examining attorney has reviewed the referenced application and determined the following.

 

Office Search

 

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.

Standard Character Statement Required

 

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).

 

Ownership of Prior Registrations

 

If the applicant is the owner of Registration Nos. 779,820 and 779,821, the applicant must submit a claim of ownership.  37 C.F.R. §2.36; TMEP §812.

 

Identification of Goods Amendment Required

 

The identification of goods is unacceptable as indefinite.  The applicant must amend the identification to specify the common commercial names of the goods and arrange them by proper classification in ascending numerical order by international class.  If there is no common commercial name, the applicant must describe the product and its intended use.  TMEP §§1402.01, 1402.03, 1402.04(b) and 1402.11.  The applicant may access the Office’s Acceptable Identification of Goods and Services Manual at: http://www.gov.uspto.report/web/offices/TAC/doc/gsmanual.

 

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 may adopt the following identification, if accurate: 

 

Class 11:  Water and wastewater treatment systems, comprising, sewage and wastewater pumps; aeration units; aerobic, anaerobic, and anoxic biological treatment installations; brine making installations; carbon absorption and filtration installations; chemical feeding and storage installations; purification, demineralization, and disinfectant installations; dissolved air flotation installations; gravity, pressure, and fibrous depth micro filtration installations; flash mixers and flocculation units; grit removal units; ion exchange filtration installations; marine bilge and wastewater purification units; screen purification units; sludge dewatering units; solids/liquids separation units; and oil and grease separation units; and ultra filtration membrane units.

 

 

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.

 

 

/Barbara A. Gold/

Examining Attorney

Law Office 106

(571) 272-9165

(571) 273-9106 (fax)

barbara.gold@uspto.gov

 

 

 

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.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.