UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

PRIORITY ACTION

 

 

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: 3/29/2009

 

Please note:  Please disregard the Priority Action sent via email on March 28, 2009, (yesterday).  It was inadvertently sent and contained an oversight.  Accordingly, applicant need only respond to this action.  Examining attorney regrets any inconvenience this may cause the applicant.

 

OFFICE SEARCH:  The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d).  TMEP section 704.02. 

 

The following issues were discussed in communication with the above applicant or attorney on March 23, 2009.

 

I.  IDENTIFICATION OF GOODS - Indefinite in Part:

 

Applicant will adopt the following identification of goods, if accurate:

-        Environmental quality control __________ (please specify whether, fluid or gas) samples for calculating standards for testing and verifying the quality of water; compost; chemicals for industrial purposes for recycling materials, in International Class 1;

-        Biodegradable cleaning preparations, in International Class 3;

-        Metal upward migrating composting waste container in the nature of a worm bin; garbage containers, in the nature of metal dumpsters configured for recycling, in International Class 6;

-        Machines, namely, composters for recycling; lawn mowers, electric lawn trimmers, tillers and trowels; vacuum cleaners, power blowers for lawn debris, windmills; compressors for recycling refrigerant gases, in International Class 7;

-        Gardening products, namely, rakes, shovels, pruning shears, hand operated trimmers, tillers and trowels, and tool belts; hand operated spreaders for seed, in International Class 8;

-        Knee pads for workers; environmental test chamber, namely, temperature simulation equipment, in International Class 9;

-        __________ (please specify, for example, Gas, Sewage, etc.) purification units; air purification units, water purification units; __________ (please specify, for example, Gas, Sewage, etc.) recycling units; irrigation devices, namely agricultural irrigation units, irrigation sprinklers, and irrigation spray nozzles; solar heat collecting panels; environmental control apparatus, namely, particle activators for use in soil remediation, drinking water treatment, municipal and industrial wastewater treatment, in International Class 11;

-        Vehicles, namely, cars, wheel barrows, and gardening carts, in International Class 12;

-        Garden hoses, in International Class 17;

-        Non-metal storage sheds, in International Class 19;

-        Non-metal upward migrating composting waste container in the nature of a worm bin, in International Class 20; and

-        Containers, namely, plastic water bottles sold empty, garbage cans, and garbage cans configured for recycling; gardening gloves, pots, watering cans; brooms, in International Class 21.  TMEP §1402.01.

PTO ONLINE SEARCHING MANUAL:

For aid in selecting acceptable identifications of goods and services and determining proper classification, the searchable Manual of Acceptable Identifications of Goods and Services is available on the PTO website at www.uspto.gov.

 

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 or services that are not within the scope of the goods and services recited in the present identification.

II.  CLASSIFICATION OF GOODS:

Applicant will amend the application to classify the goods and/or services in International Classes 1, 3, 6, 7, 8, 9, 11, 12, 17, 19, 20, & 21.  37 C.F.R. §2.85; TMEP §1401.03(b).

III.  ADDITIONAL CLASSES:

If the applicant prosecutes this application as a combined, or multiple-class, application, the applicant must comply with each of the following:

(1)  The applicant must list the goods/services by international class (as listed above); and  

(2)  The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid.  The applicant has already submitted a filing fee for ten classes.

See 37 C.F.R. §§2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).

If the applicant has any questions or needs assistance in responding to this Priority Action, please telephone the assigned examining attorney.

Please note:  All of the issues raised may be resolved by telephone.  The applicant may telephone the examining attorney, instead of submitting a written response, to expedite the application.

/KaranChhina/

Karanendra S. Chhina

Trademark Attorney

Law Office 114

(571) 272-9447

 

 

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.

 

 

 

 

 

                                                                

IMPORTANT NOTICE

USPTO OFFICE ACTION HAS ISSUED ON 3/29/2009 FOR

APPLICATION SERIAL NO. 77636881

 

Please follow the instructions below to continue the prosecution of your application:

  

VIEW OFFICE ACTION: Click on this link http://tmportal.gov.uspto.report/external/portal/tow?DDA=Y&serial_number=77636881&doc_type=PAT&mail_date=20090329 (or copy and paste this URL into the address field of your browser), or visit http://tmportal.gov.uspto.report/external/portal/tow and enter the application serial number to access the Office action.

 

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

 

RESPONSE MAY BE REQUIRED: You should carefully review the Office action to determine (1) if a response is required; (2) how to respond; and (3) the applicable response time period. Your response deadline will be calculated from 3/29/2009.

 

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.  Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System response form at http://www.gov.uspto.report/teas/eTEASpageD.htm.

 

HELP: For technical assistance in accessing the Office action, please e-mail

TDR@uspto.gov.  Please contact the assigned examining attorney with questions about the Office action. 

 

        WARNING

1. The USPTO will NOT send a separate e-mail with the Office action attached.

 

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