UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 77/158597
MARK: HAGEN
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: Rolf C. Hagen (USA) Corp.
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CORRESPONDENT’S REFERENCE/DOCKET NO: R0137.20224U
CORRESPONDENT E-MAIL ADDRESS: |
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EXAMINER’S AMENDMENT
OFFICE SEARCH: The examining attorney has searched the Office’s database of registered and pending marksand has found no conflicting marks thatwould bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
AMENDMENT: In accordance with the authorization granted by Lisa Martin on February 2, 2009, the application has been AMENDED as indicated below. Please advise the undersigned examining attorney immediately if there is an objection to the amendment. Otherwise, no response is necessary. TMEP §707.
If the identification of goods and/or services has been amended, please note that any future amendments must be in accordance with 37 C.F.R. §2.71(a) and TMEP §1402.07(e).
The identification of goods and/or services for International Class 001 is amended to read as follows:
Pet products and supplies, namely, chemical analysis kit for testing home garden pond water; water treatment chemicals for use in home garden ponds, namely, water conditioning chemicals, ph stabilizers, ph adjustors, chlorine and chloramine adjusters, heavy metal neutralizers, organic waste eliminators, biological and particulate water clarifiers; biological and chemical water conditioners for reptile and amphibian terrariums, namely, misting water conditioners to remove chlorine and chloramine, neutralize heavy metals and detoxify, drinking water conditioners to neutralize heavy metals and replenish calcium levels, probiotic waste degraders to eliminate waste and odors; activated carbon for use as aquarium filtering media, namely, activated absorbing carbons for oxygenating, purifying, and removing liquid and organic waste from aquarium water; chemical solution for the biological reduction of turtle waste, namely, bacteria which help break down and eliminate turtle waste and odors; chemicals, namely, agents for treating water in aquariums, namely, water conditioning chemicals, ph stabilizers, ph adjustors, chlorine and chloramine adjusters, heavy metal neutralizers, organic waste eliminators, biological and particulate water clarifiers; water fertilizers, namely, fertilizers for optimizing plant growth and replenish nutritive requirements of plants for use in aquariums.
The identification of goods and/or services for International Class 003 is amended to read as follows:
Pet products and supplies in the nature of gravel cleaner, namely, cleaning solution for eliminating odors, breaking down organics, and preparations for cleaning aquarium gravel; pet products and supplies in the nature of an odor remover, namely, pet odor removers; skin and coat conditioner for dogs, namely, non-medicated shampoo for cats and dogs, non-medicated hair conditioner for dogs; non-medicated hair cream rinse for dogs.
The identification of goods and/or services for International Class 005 is amended to read as follows:
Pet products and supplies, namely, vitamin and mineral supplements for reptiles and amphibians; vitamin supplements for pets and birds; animal food supplements for conditioning the plumage of birds and the skin and coats of cats.
The identification of goods and/or services for International Class 007 is amended to read as follows:
Pet products and supplies, namely, aquatic accessories in the nature of aquarium pumps for pumping air; Gravel cleaner, namely, aquarium gravel vacuum cleaner in the nature of a suction pump for cleaning aquarium gravel; air pumps, namely, aquarium air pumps and aquarium air valves for adjusting air flow specifically designed for use with aquarium air pumps; water pumps, namely, aquarium and home garden pond water pumps.
The identification of goods and/or services for International Class 009 is amended to read as follows:
Pet products and supplies, namely, electronic aquarium monitor for measuring temperature and providing signals when temperature is outside a prescribed temperature range, and for scheduling at prescribed periods aquarium maintenance and filter material changes; home aquarium goods, namely, thermometers; monitoring equipment for reptile and amphibian terrarium, namely, thermometers and hygrometers; environment, light, and temperature controllers for use with reptile and amphibian terrarium, namely, electronic controllers for use operating water filters for reptile and amphibian terrariums; horizontal thermometer not for medical use; hygrometer; environmental monitoring system for use with reptile and amphibian terrariums comprised of electronic meters and electronic sensors that measure pressure, humidity, temperature; electronic controllers for use with reptile and amphibian terrarium, namely, environmental monitoring system for use with reptile and amphibian terrariums comprised of electronic meters and electronic sensors that measure pressure, humidity, and temperature; aquarium thermometers to determine the aquarium temperature.
The identification of goods and/or services for International Class 011 is amended to read as follows:
Pet products and supplies, namely, cat water drinking fountains; valve used with aquarium filter, namely, manually operated valves for controlling the flow of water in an aquarium filter, manually operated valves for controlling air flow in an aquarium filter; electric light bulbs for terrarium and reptile use; aquarium lights; fluorescent electric light bulbs for aquariums and hoods for aquariums and terrariums; aquarium heaters; terrarium heaters; aquarium heaters and air accessories, namely, aquarium heaters for controlling aquarium temperature; underwater home garden pond lights, namely, underwater pond lighting fixtures and light bulbs therefor; decorative fountains, namely, fountain heads, decorative water fountains, drinking fountains for pets; water filters for use in aquariums and terrariums; halogen lighting for reptile and amphibian terrariums, namely, halogen lighting fixtures for reptile and amphibian terrariums and halogen light bulbs therefor; mercury vapor lighting for reptile and amphibian terrariums, namely, mercury vapor light bulbs; incandescent lighting for reptile and amphibian terrariums, namely, incandescent light bulbs; fluorescent lighting for reptile and amphibian terrariums, namely, fluorescent light bulbs; electric heaters for use in reptile and amphibian terrariums; water filtering units for aquariums for filtering large particulate matter, colors and gases, and ammonia from the aquarium water; waterfalls for reptile and amphibian terrarium, namely, ornamental and decorative water fountains in the form of a waterfall for use in reptile and amphibian terrariums; aquarium surface skimmer for eliminating undesirable surface films, namely, an integrated strainer that is specifically designed to attach to an aquarium filtration apparatus for use in eliminating undesirable surface films from aquarium water.
The identification of goods and/or services for International Class 016 is amended to read as follows:
Pet products and supplies, namely, plastic printed backgrounds for use with aquarium tanks and reptile and amphibian terrariums; Plastic bags for disposing of pet waste.
The identification of goods and/or services for International Class 017 is amended to read as follows:
Pet products and supplies, namely, aquatic accessories in the nature of flexible plastic or silicone tubing for use with aquarium air filters, pumps, and valves for transporting air or changing water in an aquarium.
The identification of goods and/or services for International Class 018 is amended to read as follows:
Pet products and supplies, namely, dog and cat collars, harnesses and leashes.
The identification of goods and/or services for International Class 019 is amended to read as follows:
Pet products and supplies, namely, aquarium gravel, aquarium sand, decorative aquarium stones; natural sand substrates for reptile and amphibian terrarium, namely, gravel and sand specifically for use in reptile and amphibian terrariums.
The identification of goods and/or services for International Class 020 is amended to read as follows:
Ornaments for home garden ponds, namely, ornaments of plastic for decorating home garden ponds not being Christmas tree ornaments; pet playhouses; pet ramps; beds for household pets; Ornaments for home garden ponds, namely, ornaments of poly-resin for decorating home garden ponds not being Christmas tree ornaments, statues of poly-resin for decorating home garden ponds; Pet products and supplies for use in creating aquariums and terrariums, namely, decorative aquarium stones for decorating reptile and amphibian terrariums and aquariums, decorative foam for decorating reptile and amphibian terrariums and aquariums.
The identification of goods and/or services for International Class 021 is amended to read as follows:
Pet products and supplies in the nature of cages, namely, cages for pets, birdcages; grooming implements for pets, namely, brushes, combs, a hand held shedding comb for removing shedding hair from dogs, a hand held dematter for removing shedding hair from cats, and grooming gloves; aquarium cleaning sponges and cleaning brushes; birdcages; perches for birdcages; pet feeding dishes; feeder enclosure for attachment to habitat for small domestic animals, namely, bird feeders, feeding vessels for pets; Pet products and supplies, namely, aquarium and terrarium ornaments made of poly-resin, foam and plastic; animal cage accessories, namely, perches for animal cages, bird baths, seed cups, gravel paper for bird cages, pet feeding dishes, scoops for the disposal of pet waste; rodent habitat rotatably-mounted for feeding and keeping a caged animal, namely, indoor terrariums for rodents, pet cages for rodents; aquarium air accessories, namely, aquarium air stones to diffuse water; Pet products and supplies, namely, aquarium tanks, aquarium air stones, aquarium covers, aquarium fish nets, aquarium hoods, and artificial aquarium landscapes; terrariums for feeding insects, rodents, invertebrates, amphibians and reptiles; home aquarium kits comprised of an aquarium tank, aquarium cover or hood, decorative artificial aquarium plants for creating aquarium landscapes, aquarium fish net, light bulbs, water filtering unit, thermometer, and fish food; Pet products and supplies in the nature of artificial aquarium and terrarium landscape decorations, namely, artificial wood for decorating and creating landscapes in reptile and amphibian terrariums, artificial rocks made of polystyrene and plastic foam for decorating reptile and amphibian terrariums, decorative artificial caves made of polystyrene and plastic foam insulation, decorative artificial molded trees for decorating and creating landscapes in reptile and amphibian terrariums, artificial plants for decorating and creating landscapes in reptile and amphibian terrariums, artificial wood branches made of polystyrene and plastic foam for decorating and creating landscapes in reptile and amphibian terrariums; terrarium covers for glass reptile and amphibian tanks, namely, screened terrarium covers for enclosing glass reptile and amphibian tanks; animal cage accessories, namely, non-metal cage clips for use with pet cages, plastic trays specifically designed for use with pet cages.
The identification of goods and/or services for International Class 031 is amended to read as follows:
Pet products and supplies, namely, pet food, extruded, canned and powdered foods for reptiles and amphibians; animal food for reptiles and amphibians; animal food for insects; coconut fiber substrates for reptile and amphibian terrarium, namely, compressed coconut husk fiber for use as animal bedding for digging, burrowing and incubation; tree bark substrates for reptile and amphibian terrarium, namely, natural tree bark shavings for use as animal bedding for digging, burrowing and incubation; dog and cat food and related products, namely, dog food, digestible chewing bones for dogs, cat food, edible biscuits and treats for cats and dogs; seed mixture for birds; bird food; small animal food; animal food.
PLEASE NOTE: In its January 7, 2009 response, the applicant argued its proposed mark was not confusingly similar to the cited registration because of differences between the respective goods and channels of trade for such goods. After careful consideration, the Section 2(d) refusal for U.S. Registration No. 1837148 is WITHDRAWN. In addition, the applicant properly claimed acquired distinctiveness pursuant to Section (f) based on five years exclusive use of the mark in connection with the goods. By rule, the applicant’s Section 2(f) claim overcomes the prior Section 2(e)(4) surname refusal. TMEP §1212.05(d). Accordingly, the prior Section 2(e)(4) refusal is also WITHDRAWN.
PLEASE NOTE: The Office received the applicant’s additional class added to the application as well as the properly verified specimens for all classes contained in the application. The applicant’s additional class, specimens of use, and amended identification of goods for International Classes 008, 022, and 028 are accepted and made part of the application. Accordingly, the prior specimen requirement for all classes as well as the identification requirement for International Classes 008, 022, and 028 are deemed SATISFIED.
Applicants, registration owners, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at www.uspto.gov.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Michael Tanner/
Michael Tanner
Trademark Attorney
Law Office 117
Telephone: 571-272-9706
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.