Offc Action Outgoing

VERANDA

Homer TLC, Inc.

TRADEMARK APPLICATION NO. 78536072 - VERANDA - N/A

To: Homer TLC, Inc. (sharon_bart@homedepot.com)
Subject: TRADEMARK APPLICATION NO. 78536072 - VERANDA - N/A
Sent: 7/28/05 9:45:16 AM
Sent As: ECOM105@USPTO.GOV
Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE

 

    SERIAL NO:           78/536072

 

    APPLICANT:         Homer TLC, Inc.

 

 

        

*78536072*

    CORRESPONDENT ADDRESS:

  HOMER TLC, INC.

  1404 SOCIETY DR

  CLAYMONT, DE 19703-1721

 

 

RETURN ADDRESS: 

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA 22313-1451

 

 

 

 

    MARK:       VERANDA

 

 

 

    CORRESPONDENT’S REFERENCE/DOCKET NO:   N/A

 

    CORRESPONDENT EMAIL ADDRESS: 

 sharon_bart@homedepot.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

 

RESPONSE TIME LIMIT:  TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE. 

 

 

Serial Number  78/536072

 

Search Results

 

The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d).  TMEP §704.02.  Before the application can proceed to publication, however, certain informalities must be addressed.

 

Identification of Goods/Recitation of Services-Indefinite Wording

 

The wording in the identification of goods/recitation of services needs clarification because much of it is unspecific.  Applicant may adopt the following identification, if accurate: garage door openers, namely electric door openers; electric wall plugs; electric switches, electric outlets; electric outlet and switch covers; electric light dimmers; electrical connectors; security systems, namely comprised of [specify major components of the systems, e.g., comprised of wireless communications transmitters and receivers, etc.] in International Class 009. TMEP §1402.01.

 

Please note that, while the identification of goods/recitation of services may be amended to clarify or limit the goods/services, adding to the goods/services or broadening the scope of the goods/services is not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, applicant may not amend the identification to include goods/services that are not within the scope of the goods set forth in the present identification.

 

ID Manual Online

 

For assistance with identifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html.

 

Pro Se Applicant May Wish to Seek Trademark Counsel

 

Applicant may wish to hire a specialist attorney to assist in prosecuting this application because of the technicalities involved.  The Office cannot aid in the selection of a trademark attorney.  37 C.F.R. §2.11.  Applicant may wish to consult the Yellow Pages for a listing of attorneys specializing in trademark or intellectual property law, or seek guidance from its local Bar Association attorney-referral service.

 

Response guidelines for Pro Se Applicants

 

Please note that there is no required format or form for responding to this Office action.  However, applicant should include the following information on all correspondence with the Office:  (1) the name and law office number of the examining attorney; (2) the serial number of this application; (3) the mailing date of this Office action; and, (4) applicant's telephone number.

 

When responding to this Office action, applicant must make sure to respond in writing to each refusal and requirement raised.  If there is a refusal to register the proposed mark, then applicant may wish to argue against the refusal, i.e., explain why it should be withdrawn and why the mark should register.  If there are other requirements, then applicant should simply set forth in writing the required changes or statements and request that the Office enter them into the application record.  Applicant must also sign and date its response.

 

If the Applicant has any questions or needs assistance in responding to this Office Action, please telephone the assigned Examining Attorney.

 

 

 

 

 

/Timothy J. Finnegan/

Trademark Examiner

Law Office 105

(703) 308-9105 ext. 166

new phone as of 10/28/04

(571) 272-9710

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

  • ONLINE RESPONSE:  You may respond formally using the Office’s Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://www.gov.uspto.report/teas/index.html and follow the instructions, but if the Office Action has been issued via email, you must wait 72 hours after receipt of the Office Action to respond via TEAS).
  • REGULAR MAIL RESPONSE:  To respond by regular mail, your response should be sent to the mailing return address above and include the serial number, law office number and examining attorney’s name in your response.

 

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.

 


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