UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/619720
APPLICANT: Degussa AG
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: CATMETIUM
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CORRESPONDENT’S REFERENCE/DOCKET NO: 032301WZ001
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 76/619720
The assigned examining attorney has reviewed the referenced application as well as the preliminary amendment filed on February 8, 2005 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, before the mark can be published for opposition, Applicant must address the following informalities.
Mark Differs in Drawing and Foreign Registration:
The drawing in the U.S. application is unacceptable because the mark depicted thereon does not correspond to the mark depicted in the foreign registration. Applicant must either (1) amend the drawing so that it conforms to the mark as shown in the foreign registration; or (2) amend the basis for registration from Section 44 of the Trademark Act to Section 1(a) or Section 1(b) of the Trademark Act. 15 U.S.C. §§1051(a) and (b) and 1127; 37 C.F.R. §2.51; TMEP §§807.12, 807.12(b), 807.14, 1011.01 and 1011.03.
The mark “CATMETIUM” shown on the embedded drawing differs from the mark “catMETium” shown on the foreign registration.
Moreover, Applicant has made a standard character drawing claim in the present application. However, Applicant’s foreign registration does not contain a standard character claim. The mark shown in the foreign registration is deemed to represent a special form drawing. Therefore, Applicant’s mark does not match the mark in the foreign registration.
If Applicant believes that the mark in the foreign registration is the legal equivalent of a standard character mark, Applicant should so state for the record. If the mark in the foreign registration is not the legal equivalent of a standard character mark, Applicant must amend the US application to indicate that its mark is a special-form drawing. 37 C.F.R. §2.51; TMEP §§807.14, 1011.01 and 1011.03.
Meaning or Significance of Proposed Mark:
Applicant must specify whether the mark “CATMETIUM” has any significance in the relevant trade or industry, any geographical significance, or any meaning in a foreign language. 37 C.F.R. §2.61(b).
If Applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
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.
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.
/Rebeccah Gan/
Rebeccah Gan
United States Patent and Trademark Office
Law Office 103
Phone: (571) 272-5870
Fax: (571) 273-9103
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.
/Rebeccah Gan/
Rebeccah Gan
United States Patent and Trademark Office
Law Office 103
Phone: (571) 272-5870
Fax: (571) 273-9103
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.