To: | Occupational Safety and Health Administr ETC. (bruno.james@dol.gov) |
Subject: | TRADEMARK APPLICATION NO. 76661791 - OSHA - N/A |
Sent: | 11/29/2006 9:35:28 AM |
Sent As: | ECOM103@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/661791 APPLICANT: Occupational Safety and Health Administr ETC. | |
CORRESPONDENT ADDRESS: | RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451 |
MARK: OSHA | |
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. |
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.uspto.gov/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.
Serial Number 76/661791
The assigned examining attorney has reviewed the referenced application and determined the following.
The recitation of services is unacceptable as indefinite. The applicant may adopt the following recitation, if accurate: “Providing health information to employers,” in Class 44;
“Providing safety information to employers; investigation services related to the enforcement of health and safety standards in the workplace,” in Class 45. TMEP §1402.11.
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 services that are not within the scope of the services recited in the present identification.
Applicant’s mark contains the color gray. Applicant must either (1) submit a statement that the mark is not in color or (2) submit a statement that the colors black, white, and gray are features of the mark, and a description of the location of the colors.
If the mark is in color, applicant should submit the following description: (1) a statement that “the colors black, white and gray are claimed as a feature of the mark;” and (2) a separate description of where the colors appear in the mark, i.e., “the letters “SHA” and the outer portion of the letter “O” are in black and the inner portion of the letter “O” is gray and white.” 37 C.F.R. §2.52(b)(1); TMEP §807.07 et seq. Common color names should be used to describe the colors in the mark, e.g., red, yellow, blue. TMEP §807.07(a)(ii).
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.
/Kathleen M. Vanston/
Examining Attorney
Law Office 103
(571) 272-9235
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.uspto.gov/external/portal/tow.
GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.uspto.gov/main/trademarks.htm
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.