This Office action is in response to applicant’s communication filed on July 13, 2009. In an action continuing the final refusal, applicant was required to properly amend the identification of goods, clarify the number of classes applied for and provide additional information concerning the nature of the goods. Applicant responded by amending the identification of goods and providing additional information concerning the goods.

The requirement to provide additional information has been fulfilled and is herein withdrawn. However, the requirements to (1) amend the identification of goods and (2) clarify the number of classes applied for are herein made final. 37 C.F.R. §2.64.

Identification of Goods

THIS REQUIREMENT APPLIES ONLY TO THE GOODS SPECIFIED THEREIN:

The wording “polyols for use as component parts of layers forming floor surfaces namely building floors, athletic tracks and sport playing areas” in the identification of goods is indefinite and must be clarified to allow for proper classification of the goods. See TMEP §1402.01. Without indicating that the above goods are used in the manufacture of the layers of flooring, these items could be in a different class from the others listed in the identification for International Class 1 (i.e., International Class 19) if the polyols are sold as an integral part of the specified flooring. Applicant may substitute the following wording, if accurate: “polyols for use in the manufacture of layers forming floor surfaces namely building floors, athletic tracks, and sport playing areas,” in International Class 1 or “polyols sold as an integral part of layers forming floor surfaces namely athletic tracks, sport playing areas,” in International Class 19.

Identifications of goods can be amended only to clarify or limit the goods; adding to or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07. 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.

NOTE: Applicant should note that the remaining wording in the identification of goods is acceptable as written in International Class 1.

This requirement is made final.

Multiple Class Application

The application identifies goods that are classified in at least TWO classes; however, the fees submitted are sufficient for only ONE class. In a multiple-class application, a fee for each class is required. 37 C.F.R. §2.86(a)(2); TMEP §§810.01, 1403.01.

Therefore, applicant must either (1) restrict the application to the number of classes covered by the fee(s) already paid, or (2) submit the fees for the additional class(es).

The filing fee for adding classes to an application is as follows:

(1) $325 per class, when the fees are submitted with a response filed online via the Trademark Electronic Application System (TEAS) at http://www.uspto.gov/teas/index.html; or

(2) $375 per class, when the fees are submitted with a paper response.

37 C.F.R. §2.6(a)(1)(i)-(a)(1)(ii); TMEP §810.

This requirement is made final.

Response Guidelines

If applicant does not respond within six months of the date of issuance of this final Office action, the following goods to which the final requirement applies will be deleted from the application by Examiner’s Amendment: polyols for use as component parts of layers forming floor surfaces namely, building floors, athletic tracks and sport playing areas.

The application will then proceed for the following goods: polyols for use as components in the manufacture of polyurethanes applied to the exterior of surfaces, namely foams, coatings, adhesives, elastomers and sealants, and for use as chemical compounds and intermediaries for general industrial use. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).

Applicant may respond to this final Office action by:

(1) Submitting a response that fully satisfies all outstanding requirements, if feasible; and/or

(2) Filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class.

37 C.F.R. §§2.6(a)(18), 2.64(a); TBMP ch. 1200; TMEP §714.04.

In certain rare circumstances, a petition to the Director may be filed pursuant to 37 C.F.R. §2.63(b)(2) to review a final Office action that is limited to procedural issues. 37 C.F.R. §2.64(a); TMEP §714.04; see 37 C.F.R. §2.146(b), TBMP §1201.05; TMEP §1704 (explaining petitionable matters). The petition fee is $100. 37 C.F.R. §2.6(a)(15).

/Pamela Y. Willis/

Trademark Examining Attorney

U.S. Patent & Trademark Office

Law Office 106

Tel: 571.272.9335

Fax: 571.273.9106

RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.uspto.gov/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.