To: | MCC Holdings, Inc. (officeactions@brinkshofer.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 85584618 - PV - N/A |
Sent: | 2/19/2013 6:10:29 AM |
Sent As: | ECOM107@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 85584618
MARK: PV
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CORRESPONDENT ADDRESS: SCOTT J. SLAVICK BRINKS HOFER GILSON & LIONE |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: MCC Holdings, Inc.
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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: 2/19/2013
This Office action is in response to applicant’s communication filed on January 10, 2013.
The following requirements have been satisfied: (1) Drawing of the Mark; (2) Identification of Goods; (3) Substitute Specimen; and (4) Requirement for Additional Information. TMEP §§713.02, 714.04.
The Section 2(d) refusal is maintained and continued. All previous arguments and evidence are incorporated herein by reference.
Upon further review, the following issues arose. The examining attorney apologizes for any inconvenience this may cause.
Applicant has sought registration of the applied-for mark on the Supplemental Register. See 15 U.S.C. §1091. However, applicant’s mark appears to be eligible for registration on the Principal Register because it comprises or includes inherently distinctive matter. See TMEP §815.01.
Thus, as applicant’s mark is eligible for registration on the Principal Register, it may not be registered on the Supplemental Register. See In re U.S. Catheter & Instrument Corp., 158 USPQ 53, 54 (TTAB 1968); Daggett & Ramsdell, Inc. v. I. Posner, Inc., 115 USPQ 96, 96 (Comm’r Pats. 1957); TMEP §815.01. Accordingly, applicant must amend the application to seek registration on the Principal Register.
Pending a proper response, registration on the Supplemental Register is refused because the mark is eligible for registration on the Principal Register. TMEP §815.01; see 15 U.S.C. §1091(a).
Applicant must respond to the requirement set forth below.
The amended goods are classified incorrectly. Applicant must amend the application to classify the goods in International Class 6. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b); See U.S. Acceptable Identification of Goods and Services Manual, search of “metal valves not being parts of machines”, http://tess2.gov.uspto.report/netahtml/tidm.html (January 30, 2013).
Applicant must adopt the appropriate international classification number for the goods and/or services identified in the application. The United States follows the International Classification of Goods and Services for the Purposes of the Registration of Marks, established by the World Intellectual Property Organization, to classify goods and services. 37 C.F.R. §2.85(a); TMEP §§1401.02, 1401.02(a).
Proper classification of goods and services is a purely administrative matter within the sole discretion of the United States Patent and Trademark Office. In re Tee-Pak, Inc., 164 USPQ 88, 89 (TTAB 1969).
RESPONSE TO OFFICE ACTION
To expedite prosecution of the application, applicant is encouraged to file its response to this Office action online via the Trademark Electronic Application System (TEAS), which is available at http://www.gov.uspto.report/teas/index.html. If applicant has technical questions about the TEAS response to Office action form, applicant can review the electronic filing tips available online at http://www.gov.uspto.report/teas/eFilingTips.htm and email technical questions to TEAS@uspto.gov.
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §2.191; TMEP §§709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
/Alyssa Steel/
Alyssa Paladino Steel
Trademark Examining Attorney
Law Office 107
(571) 272-8808
alyssa.steel@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.