To: | Prizer-Painter Stove Works, Inc. (beungerman@jonesday.com) |
Subject: | TRADEMARK APPLICATION NO. 77003600 - BLUESTAR - 951880040005 |
Sent: | 2/15/2007 1:36:34 PM |
Sent As: | ECOM117@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/003600
APPLICANT: Prizer-Painter Stove Works, Inc.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: BLUESTAR
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CORRESPONDENT’S REFERENCE/DOCKET NO: 951880040005
CORRESPONDENT EMAIL ADDRESS: |
Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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MAILING/E-MAILING DATE INFORMATION: If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.
Serial Number 77/003600
This Office Action supersedes the previously sent Office Action.
The assigned trademark examining attorney has reviewed the referenced application and has determined the following:
Search Results
The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
Identification of Goods
The underlined wording below in the identification of goods is indefinite and must be clarified because the nature of the goods must be specific. TMEP §1402.01. Applicant may substitute the following wording, if accurate: “Cooking appliances, namely ranges, ovens, stoves [specify nature, e.g., "gas stove"], cooktops and warming drawers for commercial or residential use and outdoor grills [specify nature, e.g., "electric outdoor grills"].”
In the identification of goods, applicant must use the common commercial or generic names for the goods, be as complete and specific as possible, and avoid the use of indefinite words and phrases. If applicant uses indefinite words such as “accessories,” “components,” “devices,” “equipment,” “materials,” “parts,” “systems” or “products,” such words must be followed by “namely,” followed by a list of the specific goods identified by their common commercial or generic names. TMEP §§1402.01 and 1402.03(a).
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.
If applicant should fail to respond to this Office action within the six month time limit, then the goods and/or services to which the refusal(s) and/or requirement(s) apply will be deleted from the application. The application will then proceed forward for the remaining goods and/or services only. 37 C.F.R. §2.65(a).
If applicant has particular questions regarding any of the issues set forth in this Office action, applicant may telephone the assigned trademark examining attorney.
/Morgan L. Wynne/
Morgan Laura Wynne
Trademark Examining Attorney
Law Office 117
Phone: (571) 272-8290
Fax: (571) 273-9117
morgan.wynne@uspto.gov
HOW TO RESPOND TO THIS OFFICE ACTION:
STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.
VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.
GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.