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LEDON

LEDON LAMP GMBH

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UNITED STATES PATENT AND TRADEMARK OFFICE

 

    SERIAL NO:           77/895468

 

    MARK: LEDON    

 

 

        

*77895468*

    CORRESPONDENT ADDRESS:

          STEWART J BELLUS & AIMEE KAPLAN     

          COLLARD AND ROE  

          1077 NORTHERN BLVD

          ROSLYN, NY 11576-1614         

           

 

RESPOND TO THIS ACTION:

http://www.gov.uspto.report/teas/eTEASpageD.htm

 

GENERAL TRADEMARK INFORMATION:

http://www.gov.uspto.report/main/trademarks.htm

 

 

    APPLICANT:           ZUMTOBEL AG       

 

 

 

    CORRESPONDENT’S REFERENCE/DOCKET NO:  

          N/A        

    CORRESPONDENT E-MAIL ADDRESS: 

          

 

 

 

OFFICE 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:

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue(s) below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

SEARCH RESULTS

The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no similar registered mark that would bar registration under Trademark Act Section 2(d).  TMEP §704.02; see 15 U.S.C. §1052(d).  However, marks in prior-filed pending applications may present a bar to registration of applicant’s mark.

The filing dates of pending Application Serial Nos. 77379552, 77456085, 77456155 and 77889423 precede applicant’s filing date.  See attached referenced applications.  If one or more of the marks in the referenced applications register, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion with the registered mark(s).  See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq.  Therefore, upon receipt of applicant’s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced applications.

 

In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the marks in the referenced applications.  Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.

 

INFORMALITIES

The applicant must address the following informalities.

 

Identification of Goods

The wording “lights; light modules and lights with light emitting diodes as the means of lighting” in the identification of goods is indefinite and must be clarified because it is too broad and could include goods in other international classes.  See TMEP §§1402.01, 1402.03. 

 

The wording “sources of light (not included in other classes) including light emitting diodes” in the identification of goods is indefinite and must be clarified to list the specific sources of light included.  See TMEP §1402.01.  Furthermore, the wording “including” in the identification of goods is indefinite and must be (1) clarified to specify the common commercial or generic name for the goods, or (2) deleted.  See TMEP §§1402.01, 1402.03(a).  This wording constitutes an open-ended “catch-all” word or phrase and is not acceptable because it fails to identify specific goods.

 

In the identification, applicant must use the common commercial or generic name for the goods, be specific and all-inclusive, and avoid using indefinite words or phrases.  TMEP§§1402.01, 1402.03(a). 

 

Applicant may amend the identification to list only those items that are within the scope of the goods set forth in the application or within the scope of a previously accepted amendment to the identification.  See 37 C.F.R. §2.71(a); TMEP §§1402.06 et seq., 1402.07.   

 

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.

 

Identifications of goods can be amended only to clarify or limit the goods; adding to or broadening the scope of the goods is not permitted.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07.  Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.

 

Recitation of Services

The wording “project management and planning of installations for lighting, air conditioning, ventilation and heating” in the identification of services is indefinite and must be clarified because it is too broad and could include services in other international classes.  See TMEP §§1402.01, 1402.03.  Applicant may substitute the following wording, if accurate: “construction project management and planning of installations for lighting, air conditioning, ventilation and heating” in class 37, or “computer project management and planning of installations for lighting, air conditioning, ventilation and heating” in Class 42. 

 

The wording “programming of computing routines for electronic data processing equipment” in the identification of services is indefinite and must be clarified because the nature of these services is not clear.  See TMEP §1402.01.

 

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.

 

Identifications of services can be amended only to clarify or limit the services; adding to or broadening the scope of the services is not permitted.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07.  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.

 

Prior Registration

If applicant is the owner of U.S. Registration No. 3245187, then applicant must submit a claim of ownership.  See 37 C.F.R. §2.36; TMEP §812.  The following standard format is suggested:

 

Applicant is the owner of U.S. Registration No. 3245187.

 

If applicant has questions about its application or this Office action, please contact the assigned trademark examining attorney at the telephone number below.

 

 

/Katherine Stoides/

Trademark Examining Attorney

Law Office 101

(571) 272-9230

 

 

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.

 

 

 

 

 

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