| To: | Devin H. Steele (siskur@gmail.com) |
| Subject: | TRADEMARK APPLICATION NO. 77113943 - COLD - N/A |
| Sent: | 6/18/07 3:13:38 PM |
| Sent As: | ECOM115@USPTO.GOV |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 77/113943
MARK: COLD
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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: Devin H. Steele
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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: 6/18/2007
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.
The wording “Scientific and technological services in International Class 042, specifically, the monitoring, surveying, and reconnaissance of the areas and levels of radiological contamination after a nuclear detonation and/or radiological event” in the identification of services is indefinite and must be clarified because it is too broad and could include services in other international classes. TMEP §§1402.01 and 1402.03. For instance, this wording could describe environmental and testing services or technical monitoring services for conditions of water in International Class 42, or safety or personal services in the nature of providing an on-line computer web site notifying healthcare personnel and other individuals of natural and manmade disasters or acts of terrorism and how to respond to such disasters or acts of terrorism in International Class 45.
Applicant must amend the wording to specify the common commercial or generic name for the services. If there is no common commercial or generic name for the services, then applicant must describe the nature of the services as well as their main purpose, channels of trade, and the intended consumer(s). TMEP §1402.01.
The examining attorney suggests, and applicant may adopt, any or all of the following identification of services, if accurate:
“[Specify common commercial name of services, e.g., Environmental testing and inspection services, Technical monitoring services for conditions of water, etc.], namely, monitoring, surveying, and reconnaissance of the areas and levels of radiological contamination after a nuclear detonation and/or radiological event,” in International Class 42.
“Providing an on-line computer web site notifying healthcare personnel and other individuals of natural and manmade disasters or acts of terrorism, namely, a nuclear detonation and/or a radiological event, and how to respond to such disasters or acts of terrorism,” in International Class 45.
TMEP §1402.01
Please note that, while the identification of services may be amended to clarify or limit the services, adding to the services or broadening the scope of the services is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include services that are not within the scope of the services set forth in the present identification.
For assistance with identifying goods and/or 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.
If applicant prosecutes this application as a combined, or multiple-class application, applicant must comply with each of the following for those services based on an intent to use the mark in commerce under Trademark Act Section 1(b):
(1) Applicant must list the goods and/or services by international class with the classes listed in ascending numerical order; and
(2) Applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid (current fee information should be confirmed at http://www.uspto.gov).
37 C.F.R. §2.86(a)(2); TMEP §§810 and 1403.01.
Applicant must specify whether the word or acronym “COLD” has any significance in the relevant trade or industry or as applied to the services described in the application. 37 C.F.R. §2.61(b).
/Allison P. Schrody/
Examining Attorney
Law Office 115
(571) 272-5893
(571) 273-9115 (fax)
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.