Offc Action Outgoing

Upon further review of this application the examining attorney issues the following requirement. The Office apologizes for any inconvenience caused to the applicant.

CLASSIFICATION OF GOODS/SERVICES

The goods “FILTER MAT MADE OF PLASTICS FOR FILTER VENTILATOR MACHINES; FILTER MAT MADE OF VEGETABLE OR MINERAL MATERIAL FOR FILTER VENTILATOR MACHINES” are classified incorrectly in International Class 7. Applicant must amend the application to classify the goods in International Class 11. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b). The identification of goods in International Class 16 are classified correctly.

Dotted line TO show position of mark required

Applicant must depict the mark in the drawing to include broken or dotted lines to show the position of the mark on the goods or container. Applicant must show the mark itself using solid lines. See 37 C.F.R. §2.52(b)(4); TMEP §§807.08, 1202.02(d).

In addition to these drawing requirements, applicant must also submit a clear and concise description of the mark that (1) indicates the mark is a configuration of the goods or their packaging or a specific design feature of the goods or packaging, and (2) describes in detail the features that applicant claims as its mark. See 37 C.F.R. §§2.37, 2.52(b)(2); In re Famous Foods, Inc., 217 USPQ 177, 178 (TTAB 1983); TMEP §§807.10, 1202.02(d). If applicant submits a drawing using broken lines to indicate placement of the mark, or matter not claimed as part of the mark, the description must include a statement indicating that the matter shown in broken lines is not part of the mark and serves only to show the position or placement of the mark. 37 C.F.R. §2.52(b)(4); TMEP §§807.08, 1202.02(d).

The following legal authorities govern the processing of trademark and service mark applications by the Office: The Trademark Act, 15 U.S.C. §§1051 et seq., the Trademark Rules of Practice, 37 C.F.R. Part 2, and the Office’s Trademark Manual of Examining Procedure (TMEP) (4th ed., 2005), available on the United States Patent and Trademark Office web site at http://www.gov.uspto.report/main/trademarks.htm.

Applicant should include the following information on all correspondence with the Office: (1) the name and law office number of the trademark examining attorney; (2) the serial number of this application; (3) the mailing date of this Office action; and, (4) applicant's telephone number. 37 C.F.R. §2.194(b)(1); TMEP §302.03(a).

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

/Warren L. Olandria/

Trademark Attorney

Law Office 112

(571) 272-9718

warren.olandria@uspto.gov

RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.gov.uspto.report/teas/eTEASpageD.htm, waiting 48-72 hours if applicant received notification of the Office action via e-mail. For technical assistance with the form, please e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned examining attorney. Do not respond to this Office action by e-mail; 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.