UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/599920
APPLICANT: A-dec, 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: A-DEC
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CORRESPONDENT’S REFERENCE/DOCKET NO: 356-67059-01
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 76/599920
The assigned examining attorney has reviewed the referenced application and determined the following:
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.
However, the applicant must respond to the following issues:
The identifications of goods in Classes 10 and 11 are unacceptable as indefinite and too broad because the nature of the goods detailed in italics below are not sufficiently specified. Accordingly, the applicant must amend the wording of the identification of goods as indicated. TMEP Section 1402.
Ancillary housing – the nature and function of the goods are not sufficiently specified – the applicant must amend the wording to clearly and specifically identify the goods.
Analgesic units – the nature and function of the goods are not sufficiently specified – the applicant must amend the wording to clearly and specifically identify the goods.
Delivery systems for dentists and dental assistants – the nature and function of the goods are not sufficiently specified – the applicant must amend the wording to clearly and specifically identify the goods.
All of the goods listed by the applicant in International Class 11 are actually correctly classified in Class 10. the applicant must delete Class 11 from the application and list the goods in Class 10.
The applicant may amend the wording to the following identification, if accurate:
- Surgical, medical and dental apparatus and instruments, and parts, fittings, implements and support arms therefor, namely, dental handpieces and medical syringes, cuspidors, dental trays, control units for controlling the flow of air and water to dental handpieces, self-contained water supplying apparatus for teeth cleaning equipment, saliva ejectors, tooth dryers, evacuators, extractors, accessory support structures and intra-oral cameras, water heaters with heated syringe tubing for dental use, analgesic units, namely, ___ [specify nature of goods, e.g., injectors, vaporizers], vacuum valves, junction boxes, ancillary housing for holding dental accessories, amalgam separator housing; and delivery systems for dentists and dental assistants comprised of air and water conduits and valves for controlling the supply of air and water to dental handpieces and implements, in International Class 10.
- Dental lights and apparatus and parts and fittings therefor and intra-oral light systems, in International Class 10.
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 or services that are not within the scope of the goods and services recited in the present identification.
If applicant should fail to respond to this Office action within the six month time limit, then the goods listed in italics above in Class 10, and all of Class 11, will be deleted from the application: The application will then proceed forward for the remaining goods only.
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.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Michael Kazazian/
Trademark Examining Attorney
Law Office 113
(571) 272.9434
HOW TO RESPOND TO THIS OFFICE ACTION:
STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.
VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/tow.
GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.