To: | OK-1 Manufacturing Company (IPmail@crowedunlevy.com) |
Subject: | TRADEMARK APPLICATION NO. 78648444 - ALTUS - TM1764US28 |
Sent: | 12/30/2005 3:27:36 PM |
Sent As: | ECOM112@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/648444
APPLICANT: OK-1 Manufacturing Company
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: ALTUS
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CORRESPONDENT’S REFERENCE/DOCKET NO: TM1764US28
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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MAILING/E-MAILING DATE INFORMATION: If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.
Serial Number 78/648444
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.
The identification of goods is unacceptable as indefinite. TMEP section 1402.01. The applicant may adopt the following identification, if accurate:
Athletic equipment, namely, portable exercise kits comprised of manually operated exercise equipment [name each component by common commercial name] and printed exercise instruction manuals sold together; manually operated exercise equipment, namely, [specify each]; weight-lifting gloves, wrist wraps, aerobic exercise gloves, weightlifting belts, adjustable/fixed wrist and ankle weights, weighted vest for athletic use, elastic resistance exercise devices [specify each], forearm and hand strength devices [specify each], jump ropes, exercise balls [specify type], personal exercise mats, abdominal exercise devices [specify, i.e. abdominal boards], weight-lifting accessories [specify each], balance board for exercise, aerobic steps, and stress relief devices for exercise, namely, [specify], in Int. Cl. 28
Please note that, while the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.
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.
David Taylor /dtt/
Examining Attorney
Law Office 112
571-272-9420 Phone
571-273-9420 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.