Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

RESPONSE TIME LIMIT:  TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE. 

 

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  76/640732

 

The assigned examining attorney has reviewed the referenced application and determined the following.

 

Search Results

 

The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d).  TMEP §704.02.

 

Identification of Goods

 

The identification of goods is unacceptable as indefinite because it may be in several international classes depending on the composition of the goods.  The applicant may adopt the following identification, if accurate:  [specify if metal or non-metal]RIGID AND FLEXIBLE CHIMNEY LINERS, FRESH AIR VENTILATION KITS FOR BOTH COMMERCIAL, AND RESIDENTIAL PROPERTIES comprising [specify what the kits are made of up], [metal or non-metal] CLOTHES DRIER VENTS, AND [metal or non-metal] ROOF VENTS.  TMEP §1402.01.  If metal, the goods are in Class. 6, if non-metal Class 19.  The kits will be classified depending on the composition of the primary goods in the kit.

 

For assistance regarding an acceptable listing of goods and/or services, please see the on‑line searchable Manual of Acceptable Identifications of Goods and Services, at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/.

 

 

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.

 

Combined Applications

 

If applicant prosecutes this application as a combined, or multiple‑class application, then applicant must comply with each of the requirements below for those goods and/or services based on actual use in commerce under Trademark Act Section 1(a):

 

(1)   Applicant must list the goods/services by international class with the classes listed in ascending numerical order;

 

(2)   Applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid (current fee information should be confirmed at http://www.uspto.gov); and

 

(3)   For each additional class of goods and/or services, applicant must submit:

 

(a)    dates of first use of the mark anywhere and dates of first use of the mark in commerce, or a statement that the dates of use in the initial application apply to that class; the dates of use, both anywhere and in commerce, must be at least as early as the filing date of the application;

 

(b)   one specimen showing use of the mark for each class of goods and/or services; the specimen must have been in use in commerce at least as early as the filing date of the application;

 

(c)    a statement that “the specimen was in use in commerce on or in connection with the goods and/or services listed in the application at least as early as the filing date of the application;” and

 

(d)   verification of the statements in 3(a) and 3(c) in an affidavit or a signed declaration under 37 C.F.R. §2.20.  (NOTE:  Verification is not required where (1) the dates of use for the added class are stated to be the same as the dates of use specified in the initial application, or (2) the original specimens are acceptable for the added class.)

 

37 C.F.R. §§2.6, 2.34(a), 2.59, 2.71(c), and 2.86(a); TMEP §§810, 904.09, 1403.01 and 1403.02(c).

 

 

Disclaimers

 

The applicant must disclaim the descriptive wording “Vent” apart from the mark as shown. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.03(a).  The wording is merely descriptive because the goods are vents or used with vents and thus, it describes the nature of the goods.  See the enclosed definition.

 

The computerized printing format for the Trademark Official Gazette requires a standard form for a disclaimer.   TMEP §1213.08(a)(i).  A properly worded disclaimer should read as follows:

 

No claim is made to the exclusive right to use Vent apart from the mark as shown.

 

See In re Owatonna Tool Co., 231 USPQ 493 (Comm’r Pats. 1983).

 

Standard Character Claim

The application must be amended to include a standard character statement, as follows:

 

     The mark is presented in standard character format without any claim to any particular font style, size or color.

 

Specimen

 

An application based on use of the mark in commerce under Trademark Act Section 1(a), 15 U.S.C. §1051(a), must include a specimen showing use of the mark in commerce on or in connection with the goods.  TMEP §904.  The application does not contain a specimen.  The applicant must submit a specimen, and must submit the following statement:

 

The specimen was in use in commerce at least as early as the filing date of the application.

 

This statement must be verified with an affidavit or a declaration under 37 C.F.R. §2.20.  37 C.F.R. §2.59(a); TMEP §904.09.

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

 

 

 

 

 

 

 

/Irene D. Williams/

Trademark Examining Attorney

LO 112

571-272-9239

fax:  571-273-9112

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond formally using the Office’s Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://www.gov.uspto.report/teas/index.html and follow the instructions, but if the Office Action has been issued via email, you must wait 72 hours after receipt of the Office Action to respond via TEAS).
• REGULAR MAIL RESPONSE:  To respond by regular mail, your response should be sent to the mailing return address above and include the serial number, law office number and examining attorney’s name in your response.

 

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.

 

vent1

 
vent (vènt) noun

1.    A means of escape or release from confinement; an outlet: give vent to one's anger.

2.    An opening permitting the escape of fumes, a liquid, a gas, or steam.

3.    The small hole at the breech of a gun through which the charge is ignited.

4.    Zoology. The excretory opening of the digestive tract in animals such as birds, reptiles, amphibians, and fish.

5.    Geology. a. The opening of a volcano in the earth's crust. b. An opening on the ocean floor that emits hot water and dissolved minerals.

 

verb, transitive

vent·ed, vent·ing, vents

1.    To give often forceful expression or utterance to.

2.    To release or discharge (steam, for example) through an opening.

3.    To provide with a vent.

 [Partly from French vent (from Old French) and partly alteration of French évent (from Old French esvent, from esventer, to let out air, from Vulgar Latin *exventâre : Latin ex-; See ex- + Latin ventus, wind).]

— vent¹er noun

 Synonyms: vent, express, utter, voice, air. These verbs mean to give outlet to thoughts or emotions. To vent is to unburden oneself of a strong pent-up emotion: “She was jealous . . . and glad of any excuse to vent her pique” (Edward G.E.L. Bulwer-Lytton). Express, a more comprehensive term, refers to communication both by verbal and by nonverbal means: can't express the idea adequately in words; expressed her affection with a hug; “expressing emotion in the form of art” (T.S. Eliot). Utter involves vocal expression; it may imply speech but can also refer to inarticulate sounds: “The words were uttered in the hearing of Montezuma” (William Hickling Prescott). “The Canon uttered a resounding sigh” (John Galsworthy). Voice denotes the expression in speech or writing of the outlook or viewpoint of a person or, often, of a group: The judge voiced her satisfaction that the jury had reached a verdict. The majority leader rose to voice the party's opposition to the bill. To air is to give vent to and often to show off one's feelings, beliefs, or ideas: He wants a forum where he can air his favorite theory.[1]