UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/668473
MARK: E-LIFT
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CORRESPONDENT ADDRESS: |
RESPOND TO THIS ACTION: http://www.gov.uspto.report/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: Case Systems, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.
This letter responds to the applicant’s communication filed on December 7, 2007.
The following refusal and requirement have been satisfied and are withdrawn: 1) refusal under Trademark Act Section 2(e)(1); 2) requirement the significance of the mark.
The following new requirements apply.
The amended wording “height adjustable supports for work surfaces of laboratory workstations” needs additional clarification. To be properly included within Class 7, these goods must be mechanical in nature. The current Class 7 wording does not indicate whether or not the adjustable supports are machines.
Therefore, applicant must amend the Class 7 wording.
If the supports are hydraulic machines, as applicant has indicated is true of applicant’s workstations in Class 20, then applicant may adopt the following identification of Class 7 goods, for example, if accurate.
Class 7:
Power operated machines, namely, hydraulic height adjustable supports for work surfaces of laboratory workstations
Please note that, while the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.
For assistance with identifying and classifying goods and services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html.
Specimen Required for Class 7 Goods
The current specimen of record is acceptable for the International Class 20 goods, namely workstations. The specimen consists of a label which includes the mark along with the words “mobile workstation.” It thus appears that this label is not applicable to use of the mark in connection with Class 7 height adjustable supports independent of workstations, but is instead limited to use with Class 20 goods.
Thus, applicant must submit (1) a substitute specimen showing the mark as it is used in commerce on or in relation to the Class 7 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 §904.09.
Acceptable Specimens for Goods
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.
Applicant may use the following sample declaration under 37 C.F.R. §2.20 with a supporting statement for a substitute specimen:
The undersigned being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements and the like may jeopardize the validity of the application or document or any registration resulting there from, declares that the substitute specimen was in use in commerce at least as early as the filing date of the application; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.
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(Signature)
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(Print or Type Name and Position)
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(Date)
When responding to this Office action, applicant should include the following information on all correspondence with the Office: (1) the name and law office number of the examining attorney; (2) the serial number of this application; (3) the mailing date of this Office action; and, (4) applicant's telephone number.
Applicant must respond in writing to each requirement raised. Applicant should set forth in writing the required changes or statements and request that the Office enter them into the application record. Applicant must also sign and date its response.
Applicant may contact the examining attorney at the number below with any questions about its application or this Office action.
/Edward Fennessy/
Trademark Examining Attorney
Law Office 114
1.571.272.8804
RESPOND TO THIS ACTION: If there are any questions about the Office action, please contact the assigned examining attorney. A response to this Office action should be filed using the form available at http://www.gov.uspto.report/teas/eTEASpageD.htm. If notification of this Office action was received via e-mail, no response using this form may be filed for 72 hours after receipt of the notification. Do not attempt to respond by e-mail as the USPTO does not accept e-mailed responses.
If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.
STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.