To: | W.C. Heraeus GmbH & Co. KG (ndkramer@mindspring.com) |
Subject: | TRADEMARK APPLICATION NO. 76609808 - CORA - Heraeus 1098 |
Sent: | 3/29/2005 1:42:06 PM |
Sent As: | ECOM106@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/609808
APPLICANT: W.C. Heraeus GmbH & Co. KG
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CORRESPONDENT ADDRESS:
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Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: CORA
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CORRESPONDENT’S REFERENCE/DOCKET NO: Heraeus 1098
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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PRIORITY ACTION
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. Section 1052(d). TMEP section 704.02.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.
Serial Number 76/609808
The following issues were discussed in communication with NATHANIEL KRAMER on March 29, 2005.
Please provide a corrected identification of goods indicating whether the sputtering targets are of metal in Class 6 or non-metal in Class 9. Applicant may limit the application to a single class or add the extra class providing each class has a valid filing basis.
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.
Please include the following standard character claim: The mark is presented in standard character format without claim to any particular font style, size or color.
Please submit a copy of the foreign registration and English translation.
If the name in the mark refers to a particular living individual please file a consent statement and consent letter. Otherwise, please amend the record to indicate the name in the mark does not refer to a particular living individual.
A signed declaration was not included when the application was filed. Please include a signed declaration that includes the following statement in order to satisfy the application requirements for asserting a basis under Section 44 of the Trademark Act:
Applicant has had a bona fide intention to use the mark in commerce on or in connection with the goods or services listed in the application as of the filing date of the application.
Trademark Act Section 44, 15 U.S.C. §1126. This statement must be verified with a notarized affidavit or a signed declaration under 37 C.F.R. §2.20. Trademark Act Section 44, 15 U.S.C. §1126; 37 C.F.R. §§2.34(a)(3)(i) and 2.34(a)(4)(ii); TMEP §1008.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
Current status and status date information is available, via push button telephone, for all federal trademark registration and application records maintained in the automated Trademark Reporting and Monitoring (TRAM) system. The information may be accessed by calling (703) 305-8747 from 6:30 a.m. until midnight, Eastern Time, Monday through Friday, and entering a seven-digit registration number or eight-digit application number, followed by the “#” symbol, after the welcoming message and tone. Callers may request information for up to five registration number or application number records per call.
Current status and status date information is also available on the United States Patent and Trademark Office web site at www.uspto.gov. In addition, all incoming responses and outgoing Office actions may be viewed on the web site.
No set form is required for response to this Office action. The applicant must respond to each point raised. The applicant should simply set forth the required changes or statements and request that the Office enter them. The applicant must sign the response. In addition to the identifying information required at the beginning of this letter, the applicant should provide a telephone number to speed up further processing.
The following authorities govern the processing of trademark and service mark applications: The Trademark Act, 15 U.S.C. §§1051 et seq., the Trademark Rules of Practice, 37 C.F.R. Part 2, and the Trademark Manual of Examining Procedure (TMEP).
“TMEP” refers to the Trademark Manual of Examining Procedure (3rd ed., Rev. 1, June, 2002), available on the United States Patent and Trademark Office web site at www.uspto.gov.
Please note: If the applicant submits a response electronically, an electronic signature is required. An applicant, registrant or attorney may sign an electronic communication by entering a “symbol” that he or she has adopted as a signature between two slashes. In addition, the Office will accept an electronic communication containing the “/s/” (“/(signature)/”) notation in lieu of a signature. A scanned image of a document signed in ink is also acceptable, as long as the image is attached in .jpg format. TMEP Section 304.08.
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.
/Paul F. Gast/
Trademark Attorney, Law Office 106
(571) 272 -9163 PHONE
(571) 273- 9106 FAX
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