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. 

 

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  78/704185

 

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

 

Search of Office Records

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.

 

However, applicant must respond to the following issues.

 

Identification of Goods

The wording “non-metallic hose” in the identification of goods is unacceptable as indefinite.  Applicant must specify the material composition and purpose or field of use of the hoses and pipes.  TMEP §§1402.01.  Applicant may adopt the following identification, if accurate:

 

Class 017: “non-metallic hoses, namely hoses made of {indicate rubber or plastic} for {indicate purpose or field of use}.”

 

The wording “non-metallic… pipe” in the identification of goods is unacceptable as indefinite.  Applicant must specify the composition of the pipes and their purpose or field of use.  TMEP §§1402.01.  Applicant may adopt one or more of the following identifications, if accurate:

 

Class 017: “rubber pipes; plumbing pipes of plastic; flexible pipes not of metal;”

 

Class 019: “concrete pipes; cement mortar pipes; clay pipes; non-metal gutter http://atlas/netacgi/ - h76http://atlas/netacgi/ - h78pipes; non-metal water http://atlas/netacgi/ - h76http://atlas/netacgi/ - h78pipes; pipes of {indicate cement, earthenware or sandstone}.”

 

The wording “textile reinforced synthetic rubber hose” in the identification of goods is unacceptable as indefinite.  Applicant must specify the purpose or field of use for the goods.  TMEP §§1402.01.  Applicant may adopt the following identification, if accurate:

 

Class 017: “textile reinforced synthetic rubber hose for {indicate purpose or field of use}.”

 

 

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.

 

For assistance with identifying and classifying 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.

 

Multiple Class Requirements

If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those goods and/or services based on an intent to use the mark in commerce under Trademark Act Section 1(b):

 

(1)   Applicant must list the goods and/or services 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 and/or services 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.

 

 

 

/Sean Crowley/

Trademark Attorney

Law Office 116

571.272.8851 (telephone)

571.273.8851 (fax)

 

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond using the Office’s Trademark Electronic Application System (TEAS) Response to Office action form available on our website at http://www.gov.uspto.report/teas/index.html.  If the Office action issued via e-mail, you must wait 72 hours after receipt of the Office action to respond via TEAS.  NOTE:  Do not respond by e-mail.  THE USPTO WILL NOT ACCEPT AN E-MAILED RESPONSE.
• 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.  NOTE:  The filing date of the response will be the date of receipt in the Office, not the postmarked date.  To ensure your response is timely, use a certificate of mailing.  37 C.F.R. §2.197.

 

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.