UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 79/002311
APPLICANT: Bomba Energia Getränkevertriebs GmbH
|
|
CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
|
MARK: SOLUTION
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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.
|
Serial Number 79/002311
The assigned examining attorney has reviewed the referenced Request for Extension 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.
INFORMALITY
The applicant must also respond to the following informalities within six months from the date of this notice:
Drawing of the Mark
Applicant must clarify whether the gray tones in the drawing are intended to indicate the color gray.
(1) If the color gray is a feature of the mark, then applicant must submit a color claim and description as follows: “The color gray is a feature of the mark. The applicant must specify where the color gray appears.” 37 C.F.R. §§2.52(b) and (b)(1).
(2) If the color gray is intended to indicate shading only, then applicant must submit a new drawing showing the mark in black and white only, with the gray tones deleted.
Significance of the Mark
Applicant must specify whether “E” has any significance in the alcoholic field or trade or industry trade or industry, any geographical significance, or any meaning in a foreign language. 37 C.F.R. §2.61(b).
The identification of goods is unacceptable as indefinite. The applicant may adopt the following identification, if accurate: . Beer; mineral water and carbonated water; Alcohol-free beverages, in particular with the addition of mineral aggregates and vitamins; Fruit juice beverages, fruit juices and beverages with fruit taste; alcohol-free, isotonic energy beverages; Sports drinks, Beverages containing electrolytes; Syrups, powders and other preparations for the preparation of beverages, (in International Class 32) 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. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.
For a detailed discussion of this Office's authority and rationale for requiring a specific identification of goods or services in an application, see Skoler, Trademark Identification ‑ Much Ado About Something?, 76 Trademark Rep. 224 (1986).
Applicant's Response
No set form is required for response to this Office action. The applicant must respond to each point raised. If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney. The applicant may also visit the Patent and Trademark Office’s home page at www.uspto.gov.
PLEASE NOTE: Because it delays processing, submission of duplicate papers is discouraged. Unless specifically requested to do so by the Office, parties should not mail follow up copies of documents transmitted by fax or electronic mail. TMEP 702.04(e); Cf. ITC Entertainment Group Ltd. V. Nintendo of America Inc. 45 USPQ2d 2021 (TTAB 1998).
Note: To reach the undersigned attorney by phone after October 12, 2004 please call (571) 272-9258.
To submit a fax response to this Office action after that date, send your response to the Law Office fax number, namely (571) 273-9102. See the below information regarding relocation of the agency.
NOTICE: TRADEMARK OPERATION RELOCATING OCTOBER AND NOVEMBER 2004
The Trademark Operation is relocating to Alexandria, Virginia, in October and November 2004. Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Applicants, registration owners, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at www.uspto.gov.
/pbm/
Paula B. Mays
Trademark Examining Attorney
Law Office 102
(703) 308-9102 ext. 159
Facsimile (703) 746-8102
How to respond to this Office Action:
You may respond using the Office's Trademark Electronic Application System (TEAS) (visit http://www.gov.uspto.report/teas/index.html and follow the instructions therein), but you must wait until at least 72 hours after receipt of the e-mailed office action. PLEASE NOTE: For those with applications filed pursuant to Section 66(a) of the Trademark Act, all responses to Office actions that include amendments to the identifications of goods and/or services must be filed on paper, using regular mail (or hand delivery) to submit such response. TEAS cannot be used under these circumstances. If the response does not include an amendment to the goods and/or services, then TEAS can be used to respond to the Office action.
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.