| To: | SCHWEERS, JOLEEN ELAINE (sad@suiter.com) |
| Subject: | TRADEMARK APPLICATION NO. 76676364 - THE BLOCK - SCHW 07-1-1 |
| Sent: | 9/5/2007 12:32:49 PM |
| Sent As: | ECOM114@USPTO.GOV |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
|
SERIAL NO: 76/676364
MARK: THE BLOCK
|
|
|
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
|
|
APPLICANT: SCHWEERS, JOLEEN ELAINE
|
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
|
TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.
ISSUE/MAILING DATE: 9/5/2007
This letter responds to the applicant’s communication filed on August 30, 2007.
The following requirements have been satisfied and are withdrawn: 1) disclaimer requirement; 2) requirement for a description of the mark; 3) information requirement.
The following requirement is continued and maintained: 1) the requirement for a definite identification of goods.
The following new requirement applies: 2) requirement for a new mark drawing or amended description of the mark.
The amended wording “hand tool for driving vinyl fence posts” in the identification of goods needs further clarification because it is indefinite.
Applicant must amend the identification of goods and services to specify the common commercial or generic name for the goods and services. If there is no common commercial or generic name for the goods, then applicant must describe the goods and intended consumer as well as its main purpose and intended uses. TMEP §1402.01.
Applicant may adopt the following identification of goods, if accurate.
Class 8:
Hand tools, namely, driving caps or blocks for driving vinyl fence posts.
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.
Applicant must submit a new drawing showing the entire mark clearly and conforming to 37 C.F.R. §§2.52, 2.53(c) and 2.54(e). The current drawing is not acceptable because it is in color and applicant’s response indicates that color is not intended to be a feature of the mark.
There are only two options for presenting the mark: (1) color drawings, and (2) black and white drawings. The appearance of color in the mark and applicant’s response have created an ambiguity as to whether the mark features color or is intended to be in black and white, and a new drawing is required. 37 C.F.R. §§2.52(b)-(b)(1); TMEP §807.07(e).
Also, if color is not considered a color or a feature of the mark, then applicant must submit a statement that “the mark is not in color.”
If color is considered a feature of the mark, (and the response to the contrary is in error), then applicant must (a) submit a color claim and description for all the colors in the mark, including black and white. The following format is suggested: “The entire mark is in green.”
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 refusal and 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/
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 Office’s Response to Office action 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.