UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/609711
APPLICANT: Solar Wide Industrial Ltd.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: ALL NIGHT LONG. ALL YEAR ROUND.
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CORRESPONDENT’S REFERENCE/DOCKET NO: 09392.0009
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 76/609711
The assigned examining attorney has reviewed the referenced application and determined the following.
Search Results
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.
The Class 9 identification of goods is unacceptable as indefinite because the wording “scientific, surveying, measuring, photographic, controlling apparatus and instruments, in particular for the use in installations for the use of solar energy,” “solar energy operating apparatus,” “apparatus for lighting control,’ “adaptors,” “detecting apparatus,” “sensing apparatus,” and “power distributing apparatus” is too broad. The applicant must amend this wording to specify the common commercial names of the goods where possible, and the use of the goods where appropriate. For example, the applicant may adopt the following format:
Class 9: scientific, surveying, measuring, photographic, controlling apparatus and instruments for the use in installations for the use of solar energy, namely, [specify common commercial name of goods]; solar power supplies; portable solar power supplies; solar power packs; solar batteries; solar cells; solar collectors; solar energy collectors; solar energy operating apparatus, namely, {specify common commercial name of goods]; solar power collectors; solar power chargers; solar powered battery chargers; solar powered mobile phone chargers; solar panels; batteries; rechargeable batteries; battery packs; rechargeable battery packs; apparatus for lighting control, namely, [specify common commercial name]; electric cables; adaptors for [specify type or use]; electronic control consoles; detecting apparatus for [specify what apparatus detects]; sensors to detect movement; sensing apparatus for [specify what apparatus senses]; power distributing apparatus, namely, specify common commercial name of apparatus]; solar powered sonic deterrents; solar batteries; apparatus and instruments for conducting, transforming, accumulating, regulating or controlling electricity.
The Class 11 identification is unacceptable because the wording “apparatus for lighting” is too broad. The applicant must specify the common commercial name of the apparatus. For example, the following wording is acceptable, in Class 11: solar light fixtures, namely, indoor and outdoor solar powered lighting units and fixtures; electric light fixtures; and solar powered garden light fixtures.
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.
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.
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.
/Patty Evanko/
Trademark Attorney
Law Office 112
571-272-9404
patty.evanko@uspto.gov (questions only)
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/portal/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.