To: | Veltek Associates, Inc. (spitz@blankrome.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 85223106 - ABCD CLEAN ROOM INTRODUCTION SYSTEM - 100858-00100 |
Sent: | 4/20/2011 6:31:07 PM |
Sent As: | ECOM115@USPTO.GOV |
Attachments: | Attachment - 1 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
APPLICATION SERIAL NO. 85223106
MARK: ABCD CLEAN ROOM INTRODUCTION SYSTEM
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Veltek Associates, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.
ISSUE/MAILING DATE: 4/20/2011
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
OFFICE SEARCH
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
DISCLAIMER
Specifically, the identification of the goods makes it clear that the identified goods comprise a system. Thus the term “system” merely describes the goods as being a system. The identification of the goods further indicates that the goods comprise a packaging system for use in connection with items used in clean room environments. Thus, the wording “clean room” describes a feature or purpose of the goods that are used to package item for use in clean rooms. The term “introduction” is defined as “2: the act or process of introducing : the state of being introduced; 3: a putting in : insertion; 4: something introduced.” Thus, this term describes the identified goods for use packaging items to be introduced into clean room environments. Accordingly, the wording merely describes the identified goods and a disclaimer must be required.
The following is the standard format used by the Office:
No claim is made to the exclusive right to use “CLEAN ROOM INTRODUCTION SYSTEM” apart from the mark as shown.
TMEP §1213.08(a)(i); see In re Owatonna Tool Co., 231 USPQ 493 (Comm’r Pats. 1983).
CLASSIFICATION OF THE GOODS
Applicant identifies and classifies the goods as follows:
Class 20: Packaging system comprised of plastic bags used to protect sterile contents for clean room operations and sterile environments
The goods are incorrectly classified in International Class 20. System goods are classified based on the classification of the major component parts. Here, applicant’s packaging system comprised primarily of bags is properly classified in International Class 16, the proper classification for plastic bags for packaging.
Therefore, applicant must amend the application to classify the goods in International Class 16. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b).
/Tracy L. Fletcher/
Examining Attorney
Law Office 115
U.S. Patent and Trademark Office
Telephone: (571) 272-9471
Facsimile: (571) 273-9471
tracy.fletcher@uspto.gov
TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at http://tarr.gov.uspto.report/. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/teas/eTEASpageE.htm.