To: | Ozone Overseas Private Limited (chris@daylawfirm.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 85581743 - OZONE - N/A |
Sent: | 1/12/2013 6:37:09 PM |
Sent As: | ECOM114@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 85581743
MARK: OZONE
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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: Ozone Overseas Private Limited
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
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: 1/12/2013
THIS IS A FINAL ACTION.
This Office action responds to applicant’s correspondence dated December 12, 2012.
The following refusal and requirements have been satisfied: 1) requirement for an acceptable description of the mark; and 2) requirement for an acceptable specimen and the related refusal for lack of use of the mark in commerce as a trademark. TMEP §§713.02, 714.04.
The requirement for an acceptable identification of goods is now made FINAL for the reasons set forth below. See 37 C.F.R. §2.71(a); TMEP §§1402.06 et seq., 1402.07; 37 C.F.R. §2.64(a).
IDENTIFICATION OF GOODS INDEFINITE – CLARIFICATION REQUIRED
Applicant has elected to use wording in the proposed amendment to the identification of goods that is not found in the U.S. Acceptable Identification of Goods and Services Manual. The wording that applicant has chosen instead is unacceptable in significant part. Specifically, the underlined wording below is indefinite and must be clarified. The exact nature of the goods is not clear from this wording. The bolded wording is misclassified. The italicized wording is redundant. See TMEP §1402.01. The italicized comments in square brackets provide additional guidance.
Applicant may amend the identification to list only those items that are within the scope of the goods set forth in the application or within the scope of a previously accepted amendment to the identification. See 37 C.F.R. §2.71(a); TMEP §§1402.06 et seq., 1402.07.
Class 6
Metal building materials including Angle irons, Bars for metal railings, Aluminum wire, Nuts and bolts of metal, Braces of metal for handling loads, Metal Sheets used for building material, Brackets of metal for building, Building panels of metal [Clarify type], Cable joints of metal, non-electric, Casement windows of metal [Clarify whether “window casements” are intended”], Rods of metal for brazing, Elbows of metal for pipes; Door fittings of metal including Hinges of metal, Hooks of metal, Door handles of metal, Door Knockers, Door openers, non-electric, Door panels of metal, Door scrapers, Door springs, non-electric, Door stops of metal, Door closing hardware door springs (non-electric) of Metal [The improper syntax of the wording leaves the nature of the goods unclear], Keys [Clarify whether the keys are for locks] and key rings of metal; Containers of metal for storage including Safes, Cashboxes, Cupboard [Cupboards are generally classified in Class 20; clarification and/or reclassification is required.], Lockers, [See previous comment] Cabinets, [See previous comment] Letter boxes of metal; Locks of all kind of metal including Padlocks; Transportable buildings of metal such as kiosk, booth, stall, cabins, Cubical and hut; Casters of Metal; Structural metal fittings including Floors of metal, metal building panels, metal framework of building [Clarify whether frameworks of metal for buildings; Barriers, Railings [Specify type], Grills and balustrades made of metal for the purpose of safeguard of external and internal building, Tower bolts and other door locks on-luminous and non-mechanical bollards, for roads; Metal brackets used for holding glass for facades and Metal brackets used for holding glass used in shower cubicles
Applicant must amend this wording to specify the common commercial or generic name for the goods. If there is no common commercial or generic name for the goods, then applicant must describe the nature of the goods as well as their main purpose, channels of trade, and the intended consumer(s).
It is the applicant’s duty to identify the goods and/or services, and any goods and/or services deleted from the application by amendment may not be reinserted at a later point in prosecution. TMEP §1402.01(e).
For assistance with identifying and classifying goods and/or services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.
Applicant may find acceptable identification wording by: 1) using the sample wording provided in the Identification Manual for this purpose; 2) researching the Register for wording that has recently been accepted by the Office and is consistent with the current rules governing identifications; 3) using wording that is the common name widely used in the relevant industry or trade; or 4) drafting wording that otherwise complies with the requirements described in the Code of Federal Regulations as exemplified by the entries in the Identification Manual.
REQUIREMENTS FOR A COMBINED APPLICATION
(1) Applicant must list the goods/services by international class;
(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); and
(3) For each additional international class of goods and/or services, applicant must submit:
(a) Dates of first use of the mark anywhere and dates of first use of the mark in commerce, or a statement that the dates of use in the initial application apply to that class. The dates of use, both anywhere and in commerce, must be at least as early as the filing date of the application.;
(b) One specimen showing the mark in use in commerce for each class of goods and/or services. The specimen must have been in use in commerce at least as early as the filing date of the application. If a single specimen supports multiple classes, applicant should indicate which classes the specimen supports rather than providing multiple copies of the same specimen. Examples of specimens for goods are tags, labels, instruction manuals, containers, photographs that show the mark on the goods or packaging, or displays associated with the goods at their point of sale. TMEP §§904.03 et seq. Examples of specimens for services are signs, photographs, brochures, website printouts or advertisements that show the mark used in the sale or advertising of the services. TMEP §§1301.04 et seq.;
(c) The following statement: “The specimen was in use in commerce on or in connection with the goods and/or services listed in the application at least as early as the filing date of the application.”; and
(d) Verification of the statements in 3(a) and 3(c) (above) in an affidavit or a signed declaration under 37 C.F.R. §§2.20, 2.33. Verification is not required where (1) the dates of use for the added class are stated to be the same as the dates of use specified in the initial application, and (2) the original specimens are acceptable for the added class(es).
See 15 U.S.C. §§1051(a), 1112, 1127; 37 C.F.R. §§2.32(a)(5), 2.34(a)(1), 2.56(a), 2.71(c), 2.86(a); TMEP §§1403.01, 1403.02(c).
With respect to the requirement in 3(b) above for a specimen for each class of goods and/or services, please note that the specimen(s) of record is acceptable for International Class 6 only. Applicant must submit additional specimens if other classes are added to the application.
INSUFFICIENT FEE – ADDITIONAL FEE(S) REQUIRED
Therefore, applicant must either (1) restrict the application to the number of classes covered by the fee(s) already paid, or (2) submit the fees for the additional class(es).
RESPONSE GUIDELINES FOR FINAL OFFICE ACTIONS
(1) Submitting a response that fully satisfies all outstanding requirements, if feasible; and/or
(2) Filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class.
37 C.F.R. §§2.6(a)(18), 2.64(a); TBMP ch. 1200; TMEP §714.04.
In certain rare circumstances, a petition to the Director may be filed pursuant to 37 C.F.R. §2.63(b)(2) to review a final Office action that is limited to procedural issues. 37 C.F.R. §2.64(a); TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters). The petition fee is $100. 37 C.F.R. §2.6(a)(15).
/efennessy/
Edward Fennessy
LO 114
1.571.272.8804
Edward.Fennessy@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 the Trademark Electronic Application System (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 the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or 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/trademarks/teas/correspondence.jsp.