To: | Heraeus Materials Technology GmbH & Co. ETC. (NDKRAMER@MINDSPRING.COM) |
Subject: | U.S. TRADEMARK APPLICATION NO. 76715489 - PD FLASH - Heraeus 1214 |
Sent: | 6/5/2014 10:27:00 AM |
Sent As: | ECOM110@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 76715489
|
|
CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
|
APPLICANT: Heraeus Materials Technology GmbH & Co. ETC.
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
|
OFFICE ACTION
TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.
ISSUE/MAILING DATE: 6/5/2014
THIS IS A FINAL ACTION.
The office received Applicant’s Response to Office Action on May 19, 2014, in which the color copy of the foreign registration certificate is accepted and the Signed Declaration requirement has been satisfied.
The Applicant has indicated in the description of the mark the color light-grey is being used. This language must be incorporated into one more instance in the description of the mark and into the color claim as well.
The following requirements are now made FINAL: (1) Description of the Mark; and, (2) Color Claim. See37 C.F.R. §2.64(a).
Final Requirements to be Addressed
1. Description of the Mark
2. Color Claim
Description of the Mark
Applicant must submit an accurate and concise description of the literal and design elements in the mark. 37 C.F.R. §2.37; see TMEP §§808.01, 808.02. The following is suggested, if accurate:
The mark consists of the wording "PDFLASH" with "PD" appearing in grey and "FLASH" appearing in yellow with light-grey back-shadowing of the letters. Above the word "FLASH" are two thin orange rectangles. On the left hand side of each orange rectangle is a grey, nozzle-like element which is co-linear with the rectangle. These elements appear as if lighted from the front, and somewhat from above, such that the higher front facing portions of the elements are a lighter grey than the remaining portions.
Color Claim Requirement
Applications for marks depicted in color must include a complete list of all the colors claimed as a feature of the mark. 37 C.F.R. §2.52(b)(1); see TMEP §§807.07(a) et seq.
If black, white and/or gray are not being claimed as a color feature of the mark, applicant must state that the colors black, white and/or gray represent background, outlining, shading and/or transparent areas and are not part of the mark. TMEP §807.07(d). Generic color names must be used to identify the colors in the mark, e.g., magenta, yellow, turquoise. TMEP §807.07(a)(i)-(a)(ii).
Therefore, applicant must provide the required color claim. The following is suggested, if accurate:
“The colorsorange, grey, light-grey and yellow are claimed as a feature of the mark.”
TMEP §807.07(a)(i).
Final Response Guidelines:
Applicant must respond within six months of the date of issuance of this final Office action or the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). Applicant may respond by providing one or both of the following:
(1) A response that fully satisfies all outstanding requirements and/or resolves all outstanding refusals.
(2) An appeal to the Trademark Trial and Appeal Board, with the appeal fee of $100 per class.
37 C.F.R. §2.64(a); TMEP §714.04; see 37 C.F.R. §2.6(a)(18); TBMP ch. 1200.
In certain rare circumstances, an applicant may respond by filing a petition to the Director pursuant to 37 C.F.R. §2.63(b)(2) to review 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).
/Thomas M. Manor/
Trademark Examining Attorney
Law Office 110
Phone : (571) 270-1519
Fax. No. (571) 273-9110
Thomas.Manor@USPTO.GOV
TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.