To: | GARDNER TECHNOLOGIES, INC. (JPO@INTELLECTUAL.COM) |
Subject: | TRADEMARK APPLICATION NO. 78202246 - META - GAR1756.19C |
Sent: | 6/30/03 4:43:00 PM |
Sent As: | ECom102 |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/202246
APPLICANT: GARDNER TECHNOLOGIES, INC.
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CORRESPONDENT ADDRESS: JOHN P. O'BANION O'BANION & RITCHEY LLP 400 CAPITOL MALL, SUITE 1550 SACRAMENTO CA USA 95814
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom102@uspto.gov
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MARK: META
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CORRESPONDENT’S REFERENCE/DOCKET NO: GAR1756.19C
CORRESPONDENT EMAIL ADDRESS: JPO@INTELLECTUAL.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 78/202246
The assigned examining attorney has reviewed the referenced application and determined the following.
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 1105.01.
In the identification, the applicant must use the common commercial names for the goods, be as complete and specific as possible and avoid the use of indefinite words and phrases. If the applicant chooses to use indefinite terms, such as “accessories,” “components,” “devices,” “equipment,” “materials,” “parts,” “systems” and “products,” then those words must be followed by the word “namely” and the goods listed by their common commercial names. TMEP §§1402.01 and 1402.03(a). In addition, the wording in the identification of goods is unacceptable because it is unclear and appears to be classified in the wrong class. If not common commercial name is available for the device, applicant should state its purpose and the main components. Also, the wording “such as” is indefinite. The applicant may amend the identification to the following, if accurate:
Device for closing, sealing and resealing wine bottles, beverage bottles and [specify] consisting of [specify, e.g., cork, bottle cap and rubber seal], in International Class 21.
TMEP section 804.
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. Section 2.71(b); TMEP section 804.09. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.
The application must be signed, and verified or supported by a declaration under 37 C.F.R. Section 2.20. 37 C.F.R. Section 2.33. No signed verification or declaration was provided. Therefore, the applicant must provide a signed verification or signed declaration attesting to the facts set forth in the application. See instructions at www.ustpo.gov for electronically signing an application.
For the applicant’s convenience, the following is a properly worded declaration with supporting statement.
The applicant had a bona fide intention to use the mark in commerce on or in connection with the goods or services listed in the application as of the application filing date. The facts set forth in the application are true.
The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. 1051(b), 1126(d) or 1126(e), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.
_____________________________
(Signature)
_____________________________
(Print or Type Name and Position)
_____________________________
(Date)
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Michael Webster/
Michael Webster
Examining Attorney
USPTO Law Office 102
(703) 308-9102 ext. 220
ecom102@uspto.gov (formal response)
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.