Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

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  78/624759

 

The assigned trademark examining attorney has reviewed the referenced application and has determined the following:

 

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.

 

The applicant must address the following issue(s).

 

Disclaimers

 

Applicant must disclaim the descriptive wording “TIME CONTROL” apart from the mark as shown because it merely describes that the goods are controlled to be effective over time.  Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.03(a).  See attached definitions and GOOGLE search results.

 

The computerized printing format for the Office’s Trademark Official Gazette requires a standardized format for a disclaimer.  TMEP §1213.08(a)(i).  The following is the standard format used by the Office:

 

No claim is made to the exclusive right to use “TIME CONTROL” apart from the mark as shown.

 

See In re Owatonna Tool Co., 231 USPQ 493 (Comm’r Pats. 1983).

 

Meaning/Significance

Applicant must specify whether the wording “TIME CONTROL” has any significance in the oral care trade or industry or as applied to the goods/services described in the application.  37 C.F.R. §2.61(b).  In particular, the applicant must indicate if the ingredients of the goods are formulated to release or be effective over a certain amount of time or if they otherwise feature time controls.

 

 

 

 

 

/Mary Boagni/

Examining Attorney

Law Office 114

571-272-9130

Law Office 114 fax: 571-273-9114

 

 

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.

 

time

 
time (tìm) noun

1.    Abbr. t., T.. a. A nonspatial continuum in which events occur in apparently irreversible succession from the past through the present to the future. b. An interval separating two points on this continuum; a duration: a long time since the last war; passed the time reading. c. A number, as of years, days, or minutes, representing such an interval: ran the course in a time just under four minutes. d. A similar number representing a specific point on this continuum, reckoned in hours and minutes: checked her watch and recorded the time, 6:17 A.M. e. A system by which such intervals are measured or such numbers are reckoned: solar time.

2.    a. Often times . An interval, especially a span of years, marked by similar events, conditions, or phenomena; an era: hard times; a time of troubles. b.  times. The present with respect to prevailing conditions and trends: You must change with the times.

3.    A suitable or opportune moment or season: a time for taking stock of one's life.

4.    a. Periods or a period designated for a given activity: harvest time; time for bed. b. Periods or a period necessary or available for a given activity: I have no time for golf. c. A period at one's disposal: Do you have time for a chat?

5.    An appointed or fated moment, especially of death or giving birth: He died before his time. Her time is near.

6.    a. One of several instances: knocked three times; addressed Congress for the last time before retirement. b.  times. Used to indicate the number of instances by which something is multiplied or divided: This tree is three times taller than that one. My library is many times smaller than hers.

7.    a. One's lifetime. b. One's period of greatest activity or engagement. c. A person's experience during a specific period or on a certain occasion: had a good time at the party.

8.    a. A period of military service. b. A period of apprenticeship. c. Informal. A prison sentence.

9.    a. The customary period of work: hired for full time. b. The period spent working. c. The hourly pay rate: earned double time on Sundays.

10.  The period during which a radio or television program or commercial is broadcast: “There's television time to buy” (Brad Goldstein).

11.  The rate of speed of a measured activity: marching in double time.

12.  Music. a. The characteristic beat of musical rhythm: three-quarter time. b. The rate of speed at which a piece of music is played; the tempo.

13.  Chiefly British. The hour at which a pub closes.

14.  Sports. A time-out.

 

adjective

1.    Of, relating to, or measuring time.

2.      Constructed so as to operate at a particular moment: a time release.

3.    Payable on a future date or dates.

4.    Of or relating to installment buying: time payments.

 

verb, transitive

timed, tim·ing, times

1.    To set the time for (an event or occasion).

2.    To adjust to keep accurate time.

3.    To adjust so that a force is applied or an action occurs at the desired time: timed his swing so as to hit the ball squarely.

4.    To record the speed or duration of: time a runner.

5.    To set or maintain the tempo, speed, or duration of: time a manufacturing process.

 

— idiom.

against time

With a quickly approaching time limit: worked against time to deliver the manuscript before the deadline.

at one time

1.      Simultaneously.

2.    At a period or moment in the past.

at the same time

However; nonetheless.

at times

On occasion; sometimes.

behind the times

Out-of-date; old-fashioned.

for the time being

Temporarily.

from time to time

Once in a while; at intervals.

high time

Long overdue: It's high time that you started working.

in good time

1.    In a reasonable length of time.

2.    When or before due.

3.    Quickly.

in no time

Almost instantly; immediately.

in time

1.    Before a time limit expires.

2.    Within an indefinite time; eventually: In time they came to accept the harsh facts.

3.    Music. In the proper tempo.

on time

1.    According to schedule; punctual or punctually.

2.    By paying in installments.

time after time

Again and again; repeatedly.

time and again

Again and again; repeatedly.

time of (one's) life

A highly pleasurable experience: We had the time of our lives at the beach.

time on (one's) hands

An interval with nothing to do.

time was

There was once a time: “Time was when [urban gangs] were part of a . . . subculture that inner-city adolescence outgrew” (George F. Will).

 [Middle English, from Old English tìma.][1] 

 

con·trol

 
con·trol (ken-trol¹) verb, transitive

con·trolled, con·trol·ling, con·trols

1.    To exercise authoritative or dominating influence over; direct. See synonyms at conduct.

2.    To hold in restraint; check: struggled to control my temper; regulations intended to control prices.

3.    a. To verify or regulate (a scientific experiment) by conducting a parallel experiment or by comparing with another standard. b. To verify (an account, for example) by using a duplicate register for comparison.

 

noun

1.    Authority or ability to manage or direct: lost control of the skidding car; the leaders in control of the country.

2.    Abbr. cont., contr.. a. One that controls; a controlling agent, device, or organization. b. Often controls . An instrument or set of instruments used to operate, regulate, or guide a machine or vehicle.

3.    A restraining device, measure, or limit; a curb: a control on prices; price controls.

4.    a. A standard of comparison for checking or verifying the results of an experiment. b. An individual or group used as a standard of comparison in a control experiment.

5.    An intelligence agent who supervises or instructs another agent.

6.    A spirit presumed to speak or act through a medium.

 [Middle English controllen, from Anglo-Norman contreroller, from Medieval Latin contrârotulâre, to check by duplicate register, from contrârotulus, duplicate register : Latin contrâ-, contra- + Latin rotulus, roll, diminutive of rota, wheel.]

— con·trol´la·bil¹i·ty noun

— con·trol¹la·ble adjective[2]