To: | Saint-Gobain Weber (rgsdocket@hoffmannbaron.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 77445037 - WEBER - 182-141 |
Sent: | 11/10/2009 2:51:30 PM |
Sent As: | ECOM109@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/445037
MARK: WEBER
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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: Saint-Gobain Weber
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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: 11/10/2009
On September 24, 2009, the application was amended via an Examiner’s Amendment.
Upon further consideration, the Examining Attorney has determined that the following informality remains. The Examining Attorney apologizes for any inconvenience that this may cause.
IDENTIFICATION OF GOODS AND SERVICES
THIS REQUIREMENT ONLY APPLIES TO THE FOLLOWING GOODS:
“Non-metal building materials.”
Applicant may adopt the following identification for Class 19, if accurate:
“Non-metal building materials, namely, ____{specify by common commercial name, e.g. soffits, fascia}; 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.”
Applicant should note that the remaining classes are acceptable as written.
For assistance with identifying and classifying 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. See TMEP §1402.04.
PARTIAL ABANDONMENT ADVISORY
“Non-metal building materials.”
The application will then proceed with the remaining goods and services only. 37 C.F.R. §2.65(a).
RESPONSE GUIDELINES
There is no required format or form for responding to an Office action. The Office recommends applicants use the Trademark Electronic Application System (TEAS) to respond to Office actions online at http://www.gov.uspto.report/teas/index.html. If applicant responds on paper via regular mail, the response should include the title “Response to Office Action” and the following information: (1) the name and law office number of the examining attorney, (2) the serial number and filing date of the application, (3) the date of issuance of this Office action, (4) applicant’s name, address, telephone number and e-mail address (if applicable), and (5) the mark. 37 C.F.R. §2.194(b)(1); TMEP §302.03(a).
In the response, applicant should explicitly address each refusal and/or requirement raised in the Office action. If a refusal has issued, applicant may wish to argue against the refusal, i.e., submit arguments and/or evidence as to why the refusal should be withdrawn and why the mark should register. To respond to requirements, applicant should set forth in writing the required changes or statements.
The response must be signed by applicant or someone with legal authority to bind applicant (i.e., a corporate officer of a corporate applicant, the equivalent of an officer for unincorporated organizations or limited liability company applicants, a general partner of a partnership applicant, each applicant for applications with multiple individual applicants). TMEP §§605.02, 712. The signer must personally sign and date the response or manually enter their electronic signature in the signature block. TMEP §605.02
/Robert J. Struck/
Robert J. Struck
Trademark Examining Attorney
Law Office 109
Phone - (571) 272-1513
RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.gov.uspto.report/teas/eTEASpageD.htm, waiting 48-72 hours if applicant received notification of the Office action via e-mail. For technical assistance with the form, please e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned examining attorney. Do not respond to this Office action by e-mail; 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.