UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/618774
APPLICANT: LAFARGE
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: ARTEVIA COLOR
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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 76/618774
The assigned examining attorney has reviewed the referenced application and determined the following.
Disclaimer
The applicant must insert a disclaimer of COLOR in the application. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.08(a)(i).
A properly worded disclaimer should read as follows:
No claim is made to the exclusive right to use COLOR apart from the mark as shown.
Color must be disclaimed because it is descriptive of the product as the term represents a salient feature of such product as shown in the article excerpted below.
Artevia decorative concrete is the latest in a series of premium branded mixes and products from Lafarge North America.
Unveiled at World of Concrete, the line offers textured options as well as a wide color selection beyond the standard gray, with hopes that Artevia will expand the artistic possibilities for both residential and commercial applications.
Currently, all Lafarge NA plants have Artevia mix production capability, many incorporating automated liquid color dispensing. In some of the company's less-established markets, bagged color is being used, but a plan is in place to get the base volumes of Artevia products up so liquid color system can be installed before year's end.
In line with Lafarge's vendor strategy, the company's Canadian markets have a relationship with MasterBuilders-Degussa, which uses Scofield liquid and bagged colors; in the U.S., Lafarge is linked with W.R. Grace, which is aligned with Davis Colors. Although Artevia is offering nearly 40 color selections, with some big box builders such as like Wal-Mart switching to colored concrete floors, some customers are asking for non-standard colors.
In the interest of quality control, Lafarge is only producing its colored products using its high-strength Ultra ready mixed series, which helps resist cracking. As a result, the per-year premium for Artevia is about 25 to 35 percent higher than standard ready mixed.
This article appears in the April 2005 issue of Concrete Monthly.
Identification of Goods/Services
The identification of goods and services is unacceptable as indefinite. TMEP §1402.01. The applicant may adopt the following identification, if accurate:
Class 6: Transportable metal construction materials, namely, (specify by common commercial name); non-transportable metal construction materials namely, (specify by common commercial name); metal building elements, namely, (specify by common commercial name); metal girders; metal building fixing elements namely, (specify by common commercial name); metal building fibers and metal building fibers for reinforcing building materials namely, (specify by common commercial name).
Class 19: Non-metal construction materials and products for the construction, maintenance, restoration and remodeling of buildings, construction works and public works, namely, mortar for buildings, cement, concrete and cement and concrete based products, ornamental concrete, ready-made concrete, special concrete, fiber-reinforced concrete; transportable non-metal constructions, namely, (specify by common commercial name); concrete monuments.
The nature of the goods is not clear from the present record. In order to allow proper identification and classification of the goods on which the applicant intends to use the mark, the applicant must submit samples of advertisements or promotional materials for goods of the same type. If such materials are not available, the applicant must submit a photograph of similar goods and must describe the nature, purpose and channels of trade of the goods on which the applicant has asserted a bona fide intent to use the mark. 37 C.F.R. §2.61(b); TMEP §§814 and 1402.01(d).
Class 37: Construction, repair, maintenance, restoration and remodeling services for buildings and public works structures (further specify).
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.
Foreign Registration
If applicant is asserting §44(e) as a basis for registration (based on the foreign registration that will issue from the application that the applicant relied on for priority), then applicant must submit a true copy, photocopy, certification or certified copy of a foreign registration from the applicant’s country of origin. Applicant’s country of origin must either be a party to a convention or treaty relating to trademarks to which the United States is also a party, or must extend reciprocal registration rights to nationals of the United States by law. See TMEP §§1002.01, 1003.03 and 1004.
If the foreign certificate of registration is not written in English, then applicant must provide an English translation signed by the translator. See TMEP §§1004.01 and 1004.01(b).
Search Statement
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.
Further action awaits response to the above.
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.
/Raul Cordova/
Law Office 114
571-272-9448
Rightfax 571-273-9448
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.