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
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CORRESPONDENT ADDRESS: JAMES G. UBER P.O. BOX 426 PITTSBURGH PA 15230-0426
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom112@uspto.gov
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MARK: ADVANCE
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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.
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Serial Number 78/097818
The assigned examining attorney has reviewed the applicant’s Statement of Use, filed October 28, 2002, and determined the following.
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.
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.