UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/622083
APPLICANT: Uniline Safety Systems Limited
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: EASYCLIMBER
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CORRESPONDENT’S REFERENCE/DOCKET NO: UNI-107
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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MAILING/E-MAILING DATE INFORMATION: If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.
Serial Number 76/622083
This letter responds to the Applicant’s communication received December 14, 2004.
The applicant amended the application to delete the Section 1(b) filing basis, submitted information regarding the goods, submitted a copy of the relevant foreign registration, and amended the application to add a standard character drawing claim. All of the aforementioned amendments are acceptable and have been entered into the record.
The applicant was required to make an amendment to the identification of goods in order to make it more definite. The applicant amended the identification of goods, however, the identification still lacks requisite specificity. The requirement that the identification of goods be made more definite is therefore, continued and made final.
The identification of goods or services should be clear, accurate and as concise as possible. See Procter & Gamble Co. v. Economics Laboratory, Inc., 175 USPQ 505 (TTAB 1972); In re Cardinal Laboratories, Inc., 149 USPQ 709 (TTAB 1966); California Spray-Chemical Corp. v. Osmose Wood Preserving Co. of America, Inc., 102 USPQ 321 (Comm'r Pats. 1954); Ex parte A.C. Gilbert Co., 99 USPQ 344 (Comm'r Pats. 1953). Furthermore, the identification of goods and services must be specific and definite. In re Societe Generale des Eaux Minerales de Vittel S.A., 1 USPQ2d 1296 (TTAB 1986), rev'd on other grounds, 824 F.2d 957, 3 USPQ2d 1450 (Fed. Cir. 1987). For a detailed discussion of this Office's authority and rationale for requiring a specific identification of goods or services in an application, see Skoler, Trademark Identification ‑ Much Ado About Something?, 76 Trademark Rep. 224 (1986).
The wording “failing” in the identification of goods is unacceptable because it appears to be misspelled. The applicant may adopt the following identification, if accurate: “falling.” TMEP §1402.01.
The wording “cable supports” in the identification of goods is too broad because it could include items classified in other classes. The applicant must amend the identification to list each item by its common commercial name. TMEP §§1401.04(b), 1402.01 and 1402.03.
The wording “top anchorages” in the identification of goods is unacceptable as indefinite. The applicant may adopt the following identification, if accurate: top anchorage connectors. TMEP §1402.01.
The applicant may adopt the following identification of goods, if accurate: industrial fall protection equipment for fall restraint and fall arrest for use in protecting workers from falling while working at heights, namely, cables, [specify e.g. posts, tensioners etc.] for supporting cables, tension indicators, top anchorage connectors, and parts therefor.
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.
If applicant should fail to respond to this Office action within the six month time limit, then the goods previously described as unacceptable will be deleted from the application. The application will then proceed forward with only those goods previously identified as acceptable. 37 C.F.R. §2.65(a).
If applicant fails to respond to this final action within six months of the mailing date, the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). Applicant may respond to this final action by:
(1) submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); and/or
(2) filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class (37 C.F.R. §§2.6(a)(18) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).
In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2). 37 C.F.R. §2.64(a). See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matters. The petition fee is $100. 37 C.F.R. §2.6(a)(15).
/Toni Y. Hickey/
Trademark Examining Attorney
Law Office 115
(571) 272-9475 phone
(571) 273-9115 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
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.