Examiners Amendment

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

EXAMINER’S AMENDMENT

 

 

ISSUE/MAILING DATE: 9/24/2009

 

 

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.   

 

Applicant did not file a complete response to the final Office action within six months of the date of issuance of the action.  The outstanding requirement applied to only a portion of the application.  Therefore, a portion of the application is abandoned.  See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a); TMEP §§718.02(a), 718.03, 718.03(a). 

 

On August 20, 2009, the applicant was granted 30 days to file a complete response to the final Office Action dated February 17, 2009.  In its response dated September 18, 2009, the applicant provided an amendment to the identification that still contained unacceptable language.

 

The application will proceed with the following identification:

 

“Chemicals used in building and civil engineering industry; impregnation and injection preparations for concrete, stone, visible and covered masonry, namely, waterproofing chemical compositions; surface hardeners, namely, hardening agents in the nature of sodium silicate and potassium silicate for use on friable, absorbent substrates; additives to concrete and mortar; plasticizers; dampproofing and waterproofing preparations, except paints, for masonry, namely, waterproofing chemical compositions; oil-repellent preparations, namely, protective products against oil penetration and oil stains in the nature of stain repellents for building materials, in particular tiles and natural or artificial stones; mould release preparations; adhesives used in industry; unprocessed artificial resins; adhesives for fixing building materials, in particular tiles and natural or artificial stones” in International Class 001.

 

“Paints, varnishes, lacquers; coatings in the nature of paint and decorative and protective coverings in the nature of elastomeric, polymer-based architectural protective coatings for the building and civil engineering industry; paints and decorative and protective coverings, namely, paints, resin-based coatings for walls, floors and ceilings for waterproofing, decorative and protective purposes; pasty coatings used as priming coats, namely, primers; priming coats, namely, paint primers; lime wash paint; preservatives against rust in the nature of a coating; anti-corrosive preparations, namely, anti-corrosive coatings, paints and primers; protective preparations for building materials, namely, architectural protective coatings; anti-corrosive coatings; pigments; bonding primers, namely, primers for use with leveling compounds, tile adhesives, repair mortars and one-coat renders for regulating the porosity of surfaces, improving the adhesion to surfaces, and preventing air bubbles” in International Class 002.

 

“Cleaning preparations; cleaning preparations and scouring solutions for use in building and civil engineering industry” in International Class 003.

 

“Materials used for thermal insulation and sound insulation, namely, building insulation; packing, stopping and insulating materials, namely, phenolic insulant in the nature of phenolic foam insulation for use in building and construction, polyurethane insulant in the nature of polyurethane foam for use as building insulation, glass wool and mineral wool for insulation; wooden particle and fiber boards for use as building insulation; polystyrene panels and reinforcing mesh for thermal insulation of facades; sealant compounds for joints; waterproof sealants for treating cracks, consolidating renders, concrete, masonry and other substrates and for stabilizing friable and porous surfaces” in International Class 017.

 

“Non-metal building materials; mortar in the form of powder or paste for the construction and renovation of buildings, namely, mortar for facade coatings, mortar for interior coatings, mortar for base-coats, dampproofing mortar, repair mortar; fairing mortar, leveling and smoothing mortar for walls, ceilings and floors, mortar for screeds, mortar for building and pointing masonry, roofing mortar, fireproofing mortar, concrete, mortar for fixing and grouting paving blocks, ceramic tiles and natural or artificial stone, mortar for building walls or other building elements, bedding mortar, waterproofing mortar and bituminous wall coatings, plugging mortar, anchoring mortar, fixing mortar, grouting mortar; asphalt and bitumen, bituminous preparations for building, namely, bitumen asphalt and bitumen-based coatings for walls; packing, stopping and insulating materials, namely, insulating mortars” in International Class 019.

 

“Information on construction, maintenance, cleaning, renovation and repair of bridges, tunnels, dams, roads and highways, railways, airports, sewerage systems, water towers, piers, wharfs, jetties, locks, power plants, processing plants; information on construction, maintenance, cleaning, renovation and repair of bridges, tunnels, dams, roads and highways, railways, airports, sewerage systems, water towers, piers, wharfs, jetties, locks, power plants, processing plants, provided using data processing systems, computer databases or computer or data transmission networks, including the Internet and the World Wide Web; rental of construction tools and equipment” in International Class 037.

 

“Providing of training on construction, maintenance, cleaning, renovation and repair of bridges, tunnels, dams, roads and highways, railways, airports, sewerage systems, water towers, piers, wharfs, jetties, locks, power plants, processing plants; practical training on the use of non-metallic building materials” in International Class 041.

 

The remaining portion of the identification that was the subject of the partial requirement will be deleted from the application.

 

If a portion of an application is abandoned after final action for failure to file a complete response, applicant may file a petition to the Director under 37 C.F.R. §2.146 to reverse the trademark examining attorney’s holding of abandonment.  However, the Director will reverse the trademark examining attorney’s action on petition only if there has been clear error or abuse of discretion.  TMEP §§1713, 1714.01(f)(ii).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

/Robert J. Struck/

Robert J. Struck

Trademark Examining Attorney

Law Office 109

Phone - (571) 272-1513

 

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.

 

 

 

 

                                                                

IMPORTANT NOTICE REGARDING YOUR TRADEMARK APPLICATION

 

Your trademark application (Serial No. 77445037) has been reviewed.   The examining attorney assigned by the United States Patent and Trademark Office (“USPTO”) has written a letter (an “Office action”) on 9/24/2009 to which you must respond (unless the Office letter specifically states that no response is required).  Please follow these steps:

 

1. Read the Office letter by clicking on this link http://tmportal.gov.uspto.report/external/portal/tow?DDA=Y&serial_number=77445037&doc_type=EXA&mail_date=20090924 OR go to  http://tmportal.gov.uspto.report/external/portal/tow and enter your serial number to access the Office letter.  If you have difficulty accessing the Office letter, contact TDR@uspto.gov.  

                                         

PLEASE NOTE: The Office letter may not be immediately available but will be viewable within 24 hours of this e-mail notification.

 

2. Contact the examining attorney who reviewed your application if you have any questions about the content of the Office letter (contact information appears at the end thereof).

 

3. Respond within 6 months, calculated from 9/24/2009 (or sooner if specified in the Office letter), using the Trademark Electronic Application System (TEAS) Response to Office Action form. If you have difficulty using TEAS, contact TEAS@uspto.gov. 

 

ALERT:

 

Failure to file any required response by the applicable deadline will result in the ABANDONMENT (loss) of your application.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed responses.