UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/653336
APPLICANT: STARFIRE SYSTEMS, INC.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: STARBOARD
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CORRESPONDENT’S REFERENCE/DOCKET NO: 1456-12
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 76/653336
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.
The identification of goods is unacceptable as indefinite. The applicant must amend the identification to specify the common commercial names of the goods. If there is no common commercial name, the applicant must describe the product and its intended uses. TMEP section 804. The applicant may access the Office’s Acceptable Identification of Goods and Services Manual 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. Section 2.71(a); TMEP section 1402.01. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.
The applicant may adopt the following identification, if accurate:
Class 1: Composite ceramic materials in solid state for use in the manufacture of semiconductor parts for high temperature aerospace and industrial applications
Specimen Not Acceptable – Goods – Use Application
Applicant must submit (1) a substitute specimen showing the mark as it is used in commerce on the goods or on packaging for the goods, and (2) a statement that “the substitute specimen was in use in commerce at least as early as the filing date of the application,” verified with a notarized affidavit or a signed declaration under 37 C.F.R. §2.20. 37 C.F.R. §§2.56 and 2.59(a); TMEP §§904.01 et seq. and 904.09.
The current specimen of record is unacceptable as evidence of actual trademark use because it is unclear what the nature and source of the specimen is. If the specimen is a photocopy of a label, this should be set forth and the requirement for a substitute specimen will be withdrawn. Examples of acceptable specimens for goods are tags, labels, instruction manuals, containers, photographs that show the mark on the goods or packaging, or displays associated with the goods at their point of sale. TMEP §§904.04 et seq.
PLEASE NOTE: If the specimens are labels and substitute specimens are not required, then applicant is encouraged to telephone the trademark examining attorney to resolve the issues raised above
/Russ Herman/
Attorney
Law Office 101
571-272-9172
571-273-9101 (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.