To: | Homer TLC, Inc. (sharon_bart@homedepot.com) |
Subject: | TRADEMARK APPLICATION NO. 78536045 - VERANDA - N/A |
Sent: | 7/28/05 1:23:17 PM |
Sent As: | ECOM111@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/536045
APPLICANT: Homer TLC, Inc.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: VERANDA
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: |
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 78/536045
The recitation of goods contains indefinite goods and goods that fall into various classes. Applicant must rename the indefinite goods by using their common specific names and by either restricting the goods to one class or by filing a combined application. The following is noted: metal building materials must be specified, e.g., fascia; metal locks and door locks are in Class 6; concrete and mortar mix is in Class 19; metal pipes and pipe fittings are in Class 6; the hoses and hose fittings must be amended by indicating the uses of the goods; metal siding is in Class 6; metal fencing is in Class 6; metal shingles and roofing are in Class 6; pre-fabricated metal storage buildings are in Class 6; metal ladders are in Class 6; metal drains and gutters are in Class 6; ceiling panels and metal windows are in Class 6; general purpose metal storage units are in Class 6; shelving is in Class 20; the storage containers must be renamed by indicating the composition and uses of the goods; metal window shutters are in Class 6, but interior window shutters are in Class 20; metal window blinds are in Class 6, but metal interior window blinds are in Class 20; the hardware must be amended by indicating the composition and uses of the goods; metal garage doors are in Class 6; metal construction braces and supports are in Class 6; and metal heating ducts are in Class 6.
If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those goods based on an intent to use the mark in commerce under Trademark Act Section 1(b):
(1) Applicant must list the goods by international class with the classes listed in ascending numerical order. TMEP § 1403.01; and
(2) Applicant must submit a filing fee for each international class of goods not covered by the fee already paid (current fee information should be confirmed at http://www.uspto.gov). 37 C.F.R. §2.86(a)(2); TMEP §§810 and 1403.01.
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 or services that are not within the scope of the goods and services recited in the present identification.
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.
/David C. Reihner/, Examining Attorney
Law Office 111, 571-272-9392
571-273-9111 fax.
HOW TO RESPOND TO THIS OFFICE ACTION:
STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.
VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.
GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.