UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 79/000186
APPLICANT: Schott Zwiesel AG
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*79000186* |
CORRESPONDENT ADDRESS: Dr. Kunz-Hallstein Rechtsanwälte Galeriestrasse 6 A D-80539 München FED REP GERMANY
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: DIVA
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS:
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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 79/000186
The assigned trademark examining attorney has reviewed the referenced application filed on November 11, 2003, with a priority filing date of July 25, 2003, and has determined the following.
Search Results – Earlier Filed Pending Application
Although the examining attorney has searched the Office records and has found no similar registered mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d), the examining attorney encloses information regarding pending Application Serial No. 76-485389. 37 C.F.R. §2.83.
There may be a likelihood of confusion between the applicant’s mark and the mark in the above noted application under Section 2(d) of the Act. The filing date of the referenced application precedes the applicant’s filing date. If the earlier‑filed application matures into a registration, the examining attorney may refuse registration under Section 2(d).
The wording “glassware” and “including” in the identification of goods is unacceptable as indefinite and/or misclassified. The applicant must list the common commercial name of each type of “glassware.” The word “including” is not acceptable because it could refer to items not listed, and the Office requires that all items be listed. Also, the parentheses must be deleted from the identification of goods. The applicant may adopt the following identification, if accurate:
Beverage glassware; and glass figures, in Class 21.
TMEP §1402.01.
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. Section 2.71(a); TMEP section 804.09. 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.
Fee Increase
Fee increase effective January 1, 2003
Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class. The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00.
Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Ellen Awrich/
Trademark Attorney
Law Office 116
(703) 306-7910
ellen.awrich@uspto.gov
How to respond to this Office Action:
To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.