UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/895468
MARK: LEDON
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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: ZUMTOBEL AG
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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.
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
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 “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.
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.
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.
/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.