| To: | Pro-Tect International Operations, Inc. (mapril@coateslawfirm.com) |
| Subject: | TRADEMARK APPLICATION NO. 77007295 - RAZR - N/A |
| Sent: | 10/26/2007 8:36:56 PM |
| Sent As: | ECOM102@USPTO.GOV |
| Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 Attachment - 18 Attachment - 19 Attachment - 20 |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 77/007295
MARK: RAZR
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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
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APPLICANT: Pro-Tect International Operations, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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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: 10/26/2007
THIS IS A FINAL ACTION.
TEAS PLUS APPLICANTS MUST SUBMIT DOCUMENTS ELECTRONICALLY OR SUBMIT FEE: TEAS Plus applicants should submit the following documents using the Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/teas/index.html: (1) written responses to Office actions; (2) preliminary amendments; (3) changes of correspondence address; (4) changes of owner’s address; (5) appointments and revocations of attorney; (6) amendments to allege use; (7) statements of use; (8) requests for extension of time to file a statement of use, and (9) requests to delete a §1(b) basis. If any of these documents are filed on paper, they must be accompanied by a $50 per class fee. 37 C.F.R. §§2.6(a)(1)(iv) and 2.23(a)(i). Telephone responses will not incur an additional fee. NOTE: In addition to the above, applicant must also continue to accept correspondence from the Office via e-mail throughout the examination process in order to avoid the additional fee. 37 C.F.R. §2.23(a)(2).
Second Action
This letter responds to the applicant's communication filed on August 27, 2007. The examining attorney notes the applicant has answered the request for information. The examining attorney withdraws that there may be a likelihood of confusion with Application No. 77019301.
REFUSAL OF REGISTRATION: DESCRIPTIVENESS-SECTION 2(e )(1)
Registration was refused under Trademark Act Section 2(e)(1), 15 U.S.C. Section 1052(e)(1), because the subject matter for which registration is sought is merely descriptive of the identified goods.
The examining attorney has considered the applicant's arguments carefully but has found them unpersuasive. For the reasons below, the refusal under Section 2(e)(1) is maintained and made FINAL.
The applicant argues that the mark appears in a slanted distinctive lettering and this is sufficient to obviate the descriptiveness refusal. The applicant has applied for the mark RAZR in standard character form. Assuming that the proposed mark comprises wording in stylized lettering, the degree of stylization in this case is not sufficiently striking, unique or distinctive as to create a commercial impression separate and apart from the unregistrable components of the mark, and thus is not sufficient to render the mark registrable. In re Bonni Keller Collections Ltd., 6 USPQ2d 1224 (TTAB 1987); In re Miller Brewing Co., 226 USPQ 666 (TTAB 1985); In re Geo. A. Hormel & Company, 227 USPQ 813 (TTAB 1985); In re Cosmetic Factory, Inc., 220 USPQ 1103 (TTAB 1983); In re Carolyn’s Candies, Inc., 206 USPQ 356 (TTAB 1980).
RAZOR is a type of knife and the applicant’s goods include knives. Please see the attached NEXIS stories that discuss RAZOR KNIVES. Please also see the attached from www.wallpapernewsonline.com that shows the definition of RAZOR KNIVES. Please see the attached from www.knifexx.com that shows RAZOR is a type of knife blade.
IDENTIFICATION OF GOODS
The examining attorney maintains and makes FINAL the requirement for an acceptable and definite identification of goods. The examining attorney accepts the identification of goods in class 8 with the exception of “knives survival tactical combat rescue field.” “Knives survival tactical combat rescue field” is unacceptable as indefinite. The applicant may replace the unacceptable wording with “survival knives, tactical knives, combat knives, rescue knives, field-use knives.”
Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.
RESPONSE
If applicant fails to respond to this final action within six months of the mailing date, the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). Applicant may respond to this final action by:
(1) submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); 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) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).
In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2). 37 C.F.R. §2.64(a). See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matters. The petition fee is $100. 37 C.F.R. §2.6(a)(15).
/Kim Saito/
Examining Attorney, Law Office 102
571-272-9214
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 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.
MAIL-IT REQUESTED: OCTOBER 26, 2007 10083K
CLIENT:
LIBRARY: NEWS
FILE: US
YOUR SEARCH REQUEST AT THE TIME THIS MAIL-IT WAS REQUESTED:
RAZOR KNIVES
NUMBER OF STORIES FOUND WITH YOUR REQUEST THROUGH:
LEVEL 1... 297
LEVEL 1 PRINTED
THE SELECTED STORY NUMBERS:
1,6,8,9,14,15,19,23,25,36,37,39,41,42,46,47,51,54,56,58
DISPLAY FORMAT: KWIC
MULTIPLE DOCUMENTS ON A PAGE
SEND TO: SAITO, KIM
TRADEMARK LAW LIBRARY
600 DULANY ST
ALEXANDRIA VIRGINIA 22314-5790
**********************************03780**********************************
Copyright 2007 San Antonio Express-News
All Rights Reserved
San Antonio Express-News
September 11, 2007 Tuesday
STATE&METRO Edition
SECTION: S.A. LIFE; Pg. 2C
LENGTH: 507 words
HEADLINE: How did they do that?
BYLINE: Jesse Leavenworth, HARTFORD COURANT
BODY:
... sailed Mediterranean fishing boat called a lateen rig. Required tools and materials include a coping saw, razor knives, a small hand-cranked or electric drill, glue, wire, pine or aspen block and dowels, fine paper for the ...
Copyright 2007 States News Service
States News Service
May 3, 2007 Thursday
LENGTH: 945 words
HEADLINE: RADIO RECEIVER WORKLOAD ACCELERATES
BYLINE: States News Service
DATELINE: WASHINGTON
BODY:
... said [Scranton resident] Mark Staples, electronic mechanic helper. "I use alcohol, commercial cleaners, cotton swabs and razor knives to remove debris."
In addition, Staples replaces resistors, coils, servo motors and capacitors when required by unsoldering and soldering. " ...
Copyright 2007 Journal Sentinel Inc.
Milwaukee Journal Sentinel (Wisconsin)
April 22, 2007 Sunday
Final Edition
SECTION: J Crossroads; Pg. 5
LENGTH: 2909 words
HEADLINE: YOUR OPINIONS;
SUNDAY SYMPOSIUM;
Virginia Tech massacre
BODY:
... 800 injured.
On Sept. 11, 2001, 19 hijackers boarded four passenger planes armed with nothing more than razor knives. They managed to kill the pilots, take control of the planes and murder at least 3,000 people.
What do these two events share in ...
Copyright 2007 McClatchy Newspapers Inc.
All Rights Reserved
The Herald (Rock Hill, S.C.)
March 22, 2007 Thursday
Final Edition
SECTION: CITY; Pg. 1B
LENGTH: 289 words
HEADLINE: Man charged after argument with housemate
BYLINE: Toya Graham / The Herald
BODY:
...
Afterward, the woman found a cell phone in the house and called the
police. Holmes then went to the back yard area, where officers located him with
several razor knives and a folding knife, the report notes.
Copyright 2006 The Hearst Corporation
All Rights Reserved
The Times Union (Albany, New York)
September 4, 2006 Monday
3 EDITION
SECTION: MAIN; Pg. A1
LENGTH: 1327 words
HEADLINE: Toiling behind prison walls; Inmates continue legacy of labor at Eastern New York Correctional Facility
BYLINE: By JORDAN CARLEO-EVANGELIST Staff Writer
BODY:
... better than sitting around."
Security in the shop is tight, but not oppressive. Inmates move relatively freely and handle razor knives and other potentially dangerous tools. But every blade is tracked and inmates pass through metal detectors when they enter and leave the ...
Copyright 2006 Anchorage Daily News
All Rights Reserved
Anchorage Daily News (Alaska)
August 20, 2006 Sunday
FINAL EDITION
SECTION: LIFE; Pg. G8
LENGTH: 716 words
HEADLINE: Wyne's lair puts focus solely on art;
WORKSPACE
BYLINE: By MARK BAECHTEL Anchorage Daily News
BODY:
... muscle car before she could fill it with the tools of her trade -- table saws and screw guns on shelves; racked tools, razor knives and tubs of adhesive, Plexiglas and sheet goods, spools of wire. Endless boxes, bins and racks contain fasteners, grommets, screws, ...
Copyright 2006 Ann Arbor Time
All Rights Reserved
Ann Arbor News (Michigan)
April 3, 2006 Monday
LENGTH: 815 words
HEADLINE: Technology teacher praised
Pachera, 'a cutting edge teacher,' passes on love of construction
BODY:
... technology education classroom at Forsythe Middle School in Ann Arbor.
Surrounded by rubber cement bottles, razor knives and drafting triangles on a recent day, Pachera is helping his sixth-grade students build their model houses when he hears ...
Copyright 2005 Statesman Journal (Salem, OR)
All Rights Reserved
Statesman Journal (Salem, Oregon)
August 15, 2005 Monday
SECTION: LOCAL; Pg. 1C
LENGTH: 1106 words
HEADLINE: Staying sharp on courthouse security
BODY:
... out?
A: We ask them to take these back out (holds up a box of razors, lighters, laser pointers). Obviously, razor knives are dangerous. ... Types of lighters that burn really hot. These are ordinary everyday folks that are coming in here. Some of them, they'll have a pocket knife. We ...
Copyright 2005 The Macon Telegraph
All Rights Reserved
The Macon Telegraph
JUNE 23, 2005 Thursday HO EDITION
SECTION: Pg. A
LENGTH: 720 words
HEADLINE: Are there too many of us?
BODY:
... fighting each other, and - the report wasn't really clear- possibly were attacked by others. The two girls were cut with what police called razor knives, and a 14-year old has been charged with aggravated assault.
Now, Macon authorities are considering reinstating city police presence ...
Copyright 2004 Winston-Salem Journal
Winston-Salem Journal (Winston Salem, NC)
October 9, 2004 Saturday, METRO EDITION
SECTION: E; David Bare; Pg. 1
LENGTH: 865 words
HEADLINE: INTRIGUE: CLASSIFIERS AT FAIR REVEL IN THEIR DUTY
BODY:
... entries are seriously competitive. As I strolled by, petals were being spread with Q- tips and foam cubes were being crafted with razor knives to fit between stem and vase to wedge the flowers upright.
Few flowers are held to the standards that roses are, but dahlias would be next ...
Copyright 2004 North Jersey Media Group Inc.,
All Rights Reserved
The Record (Bergen County, NJ)
September 21, 2004 Tuesday
All Bergen Editions
SECTION: LOCAL; Pg. L01
LENGTH: 704 words
HEADLINE: 6 gang members charged in North Bergen attack
BYLINE: By TOM TRONCONE, STAFF WRITER, North Jersey Media Group
DATELINE: NORTH BERGEN
BODY:
... a particularly savage attack, even by street gang standards.
A group of six Latin Kings armed with razor knives. Blades slicing through skin, targeting a fellow gang member's jugular. His throat slit, the victim dashed desperately ...
Copyright 2004 The Tallahassee Democrat
All Rights Reserved
The Tallahassee Democrat
September 9, 2004 Thursday
SECTION: E; BRIEF; Pg. 4
LENGTH: 647 words
HEADLINE: Letters to the Editor
BODY:
Attack on freedom of political speech
They came armed with razor knives sometime after midnight Saturday. With four violent strokes, they cut down our 4-foot-by-8-foot Bush/ ...
Copyright 2004 ProQuest Information and Learning
All Rights Reserved
ProQuest SuperText
Copyright 2004 The Arizona Daily Star
Arizona Daily Star (Tucson)
June 17, 2004 Thursday
Final Edition
SECTION: NWS; Pg. F2
LENGTH: 817 words
HEADLINE: Police Reports
BYLINE: Compiled by Joyce Bertschy, ARIZONA DAILY STAR
BODY:
... door was open. A drill, a charger, two buckets, three caulking guns, a putty knife, several razor knives, an extension cord, a stud finder and a flashlight were taken.
7 - A laptop computer valued at ...
Copyright 2004 ProQuest Information and Learning
All Rights Reserved
ProQuest SuperText
Copyright 2004 The Arizona Daily Star
Arizona Daily Star (Tucson)
June 17, 2004 Thursday
Final Edition
SECTION: NWS; Pg. F2
LENGTH: 817 words
HEADLINE: Police Reports
BYLINE: Compiled by Joyce Bertschy, ARIZONA DAILY STAR
BODY:
... door was open. A drill, a charger, two buckets, three caulking guns, a putty knife, several razor knives, an extension cord, a stud finder and a flashlight were taken.
7 - A laptop computer valued at ...
Copyright 2003 Landmark Communications, Inc.
The Virginian-Pilot(Norfolk, Va.)
December 13, 2003 Saturday Final Edition
SECTION: LOCAL, Pg. B1
LENGTH: 698 words
HEADLINE: WILD ABOUT THE WRIGHTS/ CHESAPEAKE TEACHER HOOKS SCHOOL ONTO BROTHERS' FLIGHT VENTURES
BYLINE: MATTHEW BOWERS THE VIRGINIAN-PILOT
DATELINE: CHESAPEAKE
BODY:
... you've got to make it interesting," Rawls said. "You've got to give them a reason to learn."
Students wielding razor knives bent over their planes during a recent class. "This thing won't cut," a girl complained.
"Take your ...
Copyright 2003 The Washington Times LLC
All Rights Reserved
The Washington Times
October 23, 2003, Thursday, Final Edition
SECTION: COMMENTARY; Pg. A16
LENGTH: 782 words
HEADLINE: Airport trick or treat
BYLINE: By James Bovard, SPECIAL TO THE WASHINGTON TIMES
BODY:
... airlines and passing through 11 major airports over Labor Day weekend 2002. The reporters carried box cutters, razor knives and pepper spray in their luggage. The News reported: "Not a single airport security checkpoint spotted or confiscated any of the ...
Copyright 2003 ProQuest Information and Learning
All Rights Reserved
ProQuest SuperText
Copyright 2003 Copley Press, Inc.
Daily Breeze (Torrance, California)
August 7, 2003 Thursday
Home Edition
SECTION: WAR ON TERRORISM; Pg. A8
LENGTH: 647 words
HEADLINE: FBI warns of concealable weapons
BYLINE: Curt Anderson
BODY:
... metal scissors with pointed tips, meat cleavers, swords and ice picks.
But the FBI catalog notes there are many other razor knives and penknives that are used in construction and other businesses that could be just as deadly in the hands of a terrorist. Even plastic knives are ...
Copyright 2003 Providence Publications, LLC
Providence Journal-Bulletin (Rhode Island)
June 3, 2003, Tuesday Northwest Edition
SECTION: News; Pg. C-02
LENGTH: 173 words
HEADLINE: Man indicted in robbery of Shell Foodmart
BYLINE: S.I. ROSENBAUM Journal Staff Writer
DATELINE: JOHNSTON
BODY:
... Shell Foodmart at the corner of Newport Avenue and Benefit Street in Pawtucket on Dec. 8, 2001.
Using " razor knives, " the police said, they took money and cigarettes from the store.
The crime was unsolved until last April, when Reakes contacted East Providence ...
Copyright 2003 Daily News, L.P.
Daily News (New York)
May 4, 2003, Sunday SPORTS FINAL EDITION
SECTION: EDITORIAL; Pg. 44
LENGTH: 767 words
HEADLINE: SECURING THE SKIES ON THE CHEAP
BODY:
... around the airport, "able to do more surveillance," says Loy.
Be skeptical. Very skeptical. In September, Daily News reporters smuggled razor knives, box cutters and other weapons onto 14 flights around the U.S. Now, checkpoints will be even more porous.
Perhaps ...
Copyright 2003 Cox Enterprises, Inc.
Cox News Service
March 10, 2003 Monday
SECTION: Lifestyle
LENGTH: 714 words
HEADLINE: A little something from home
BYLINE: CHRISTINA MINOR
DATELINE: WACO, Texas
BODY:
... designated for a friend or loved one. The USO does not take donated items, only money, Bradner said.
Razors, knives, explosives and other hazards are not allowed to be shipped. Officials also warned against sending any offensive material.
"Be respectful of the host ...
