UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 79/000331
APPLICANT: Agfa NDT Pantak Seifert GmbH & Co. KG
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*79000331* |
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CORRESPONDENT ADDRESS: Harmsen & Utescher, Patentanwälte Alter Wall 55 D-20457 Hamburg FED REP GERMANY
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: X-CUBE
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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 79/000331
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. §1052(d). TMEP §704.02.
The applicant must set forth the country under whose laws applicant is organized. 37 C.F.R. §2.32(a)(3)(ii).
The identification of goods is unacceptable as indefinite. The applicant must amend the identification to specify the common commercial name of the goods. If there is no common commercial name, the applicant must describe the product and its intended uses. TMEP §1402.01.
The Acceptable Identification of Goods and Services Manual sets out acceptable language for identifying goods and services of various types. Utilizing identification language from the Manual may enable trademark owners to avoid problems relating to indefiniteness with respect to the goods or services identified in their applications for registration; however, applicants should note that they must assert actual use in commerce or a bona fide intent to use the mark in commerce for the goods or services specified. TMEP Section 1404.04.
The applicant is strongly encouraged to consult the Acceptable Identification of Goods and Services Manual. The Manual is available on the PTO's "homepage" on the Internet, which can be accessed at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/. The Manual may also be purchased, along with other trademark information, in a CD-ROM format from the Office of Electronic Information Products Development of the Patent and Trademark Office (703) 306-2600. See notice at 1190 TMOG 67 (Sept. 17, 1996). In addition, the Manual is available in hard copy on a subscription basis form the Government Printing Office. TMEP Section 1404.04.
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(b); TMEP section 1404.09. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.
The applicant may adopt the following identification of goods, if accurate:
Scientific and industrial surveying, measuring and controlling apparatus and instruments, industrial X-ray systems, namely, X-ray tubes not for medical use, radiation shields for electronic products, control mechanism for [specify] and phototelegraphic receiver [specify common commercial name], in International Class 9.
If the applicant has any questions or needs assistance in responding to the Office action, please telephone or email the assigned examining attorney.
April Rademacher
/alrademacher/
Trademark Examining Attorney
Law Office 102
(703) 308-9102 x206
(703) 746-8102 (fax)
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.