Offc Action Outgoing

ADVANCE

Mine Safety Appliances Company

TRADEMARK APPLICATION NO. 78097818 - ADVANCE - N/A

UNITED STATES DEPARTMENT OF COMMERCE

To:	Mine Safety Appliances Company (james.uber@msanet.com)
Subject:	TRADEMARK APPLICATION NO. 78097818 - ADVANCE - N/A
Sent:	2/24/03 5:51:45 PM
Sent As:	ECom112
Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 78/097818

APPLICANT: Mine Safety Appliances Company

CORRESPONDENT ADDRESS:

JAMES G. UBER

P.O. BOX 426

PITTSBURGH PA 15230-0426

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3513

ecom112@uspto.gov

MARK: ADVANCE

CORRESPONDENT’S REFERENCE/DOCKET NO: N/A

CORRESPONDENT EMAIL ADDRESS:

james.uber@msanet.com

Please provide in all correspondence:

1. Filing date, serial number, mark and

applicant's name.

2. Date of this Office Action.

3. Examining Attorney's name and

Law Office number.

4. Your telephone number and e-mail address.

OFFICE ACTION

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.

Serial Number 78/097818

The assigned examining attorney has reviewed the applicant’s Statement of Use, filed October 28, 2002, and determined the following.

Identification in Statement of Use Exceeds Scope of Identification of Notice of Allowance

The identification in the Statement of Use is unacceptable because the wording “Protective headgear“ designates goods that are not within the scope of the identification that was set forth in the Notice of Allowance. 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 et seq. and 1402.07.

The applicant may adopt the following identification, if accurate:

PROTECTIVE HEADGEAR, NAMELY HARD HATS AND PROTECTIVE HELMETS.

TMEP §1402.01.

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

If the applicant has any questions concerning this action, please contact the assigned Examining Attorney at the number below.

/Ann Sappenfield/

Examining Attorney

Law Office 112

(703) 308-9112 ext. 252

How to respond to this Office Action:

To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.

To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.

To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.

Fee increase effective January 1, 2003

Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class. The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00.

Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.