UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/325853
APPLICANT: HMI Industries, Inc.
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*78325853* |
CORRESPONDENT ADDRESS: Suzanne K. Ketler Squire, Sanders & Dempsey L.L.P. 4900 Key Tower, 127 Public Square Cleveland, OH 44114-1304
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: 360 SERIES
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS:
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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 78/325853
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. §1052(d). TMEP §704.02.
Disclaimer
The applicant must disclaim the descriptive wording “SERIES” apart from the mark as shown. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.03(a). The wording is merely descriptive of a set of goods offered by the applicant.
The computerized printing format for the Trademark Official Gazette requires a standard form for a disclaimer. TMEP §1213.08(a)(i). A properly worded disclaimer should read as follows:
No claim is made to the exclusive right to use SERIES apart from the mark as shown.
See In re Owatonna Tool Co., 231 USPQ 493 (Comm’r Pats. 1983).
A disclaimer does not remove the disclaimed matter from the mark. It is simply a statement that the applicant does not claim exclusive rights in the disclaimed wording or design apart from the mark as shown in the drawing.
The identification of goods is unacceptable as indefinite. The applicant must identify the goods with more specificity. The applicant may adopt the following identification, if accurate:
Vacuums cleaners and attachments namely, __________[please specify type of attachments (e.g. hoses, bags)], in International Class 7.
The goods in International Class 11 are acceptable as written in the application.
The applicant may wish to consult the on-line identification manual on the PTO homepage for acceptable common names of goods and services.
http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/
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. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/thl/
Tarah K. Hardy Ludlow
Trademark Attorney
Law Office 110
(703) 308-9110, x. 223
(703) 746-6493 fax
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 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.