NOTE TO THE FILE
Sent to TICRS as Serial Number: 88208555SERIAL NUMBER: 88208406
DATE: 02/28/2019
NAME: ekon
NOTE:
From: Staci DeRegnaucourt [mailto:SDeRegnaucourt@QuinnIPLaw.com]
Sent: Thursday, February 28, 2019 4:23 PM
To: Kon, Elissa Garber <ElissaGarber.Kon@USPTO.GOV>
Cc: TM <TM@QuinnIPLaw.com>; Christine Syck <CSyck@QuinnIPLaw.com>; Ashley Domagala <ADomagala@QuinnIPLaw.com>
Subject: RE: DURALLOR Trademark Applications, 88208555, 88208578
Dear Examining Attorney Kon,
Thank you for your email. Replies to your various inquiries with respect to the Durallor-formative Applications can be found inline below. A reply regarding the ALLOR-formative applications will follow under separate cover.
DURALLOR ROLLS THAT LAST, 88208578 (AMI.TM.004)
The term DURALLOR is a coined term that serves as a source identifier for the Applicants goods, and does not have any non-trademark significance, such as an industry meaning or a foreign language equivalent with an English translation. Accordingly, the Applicant submits this statement for entry into the record.
Please enter the necessary statement into the record and issue an Examiner’s Amendment approving this mark for publication.
DURALLOR, 88208555 (AMI.TM.003)
The term DURALLOR is a coined term that serves as a source identifier for the Applicants goods, and does not have any non-trademark significance, such as an industry meaning or a foreign language equivalent with an English translation. Accordingly, the Applicant submits this statement for entry into the record.
Please enter the necessary statement into the record and issue an Examiner’s Amendment/Priority Action for this mark, wherein the priority action contains any remaining grounds for refusal. We will reply to the priority action promptly.
Again, a reply regarding the ALLOR-formative applications will follow under separate cover. Please do not hesitate to contact me should you have any questions regarding the above.
Best Regards,
Staci R. DeRegnaucourt
QUINN IP LAW
Intellectual Property Attorney | Principal
21500 Haggerty Rd. | Suite 300 | Northville, MI 48167
(O) 248.380.9300 x:114 | (F) 248.380.8968
From: Kon, Elissa Garber <ElissaGarber.Kon@USPTO.GOV>
Sent: Thursday, February 28, 2019 2:54 PM
To: Staci DeRegnaucourt <SDeRegnaucourt@QuinnIPLaw.com>; TM <TM@QuinnIPLaw.com>; Ashley Domagala <ADomagala@QuinnIPLaw.com>; Christine Syck <CSyck@QuinnIPLaw.com>
Subject: Re 4 ALLOR/DURALLOR Trademark Applications, #88208406, 88208512, 88208555, 88208578
Dear Ms. DeRegnaucourt
I am the trademark examining attorney to whom these applications have been assigned. There are minor issues that we can resolve by examiner’s amendment based on your reply to this email or a phone call.
For all of the applications, does ALLOR or DURALLOR have any industry meaning, or English translation?
ALLOR, 88208406
The applicant must amend the description of goods and services. My proposed changes are below in bold, and the items the applicant must clarify are noted in italics:
Class 7:
manufacturing machines and systems and components thereformachines for manufacturing (indicate what is to be manufactured, e.g., memory chips) and components therefor (clarify “systems” and their components, or just delete that word); material handling machines, namely, (list types, e.g., palletizers, case elevators)and systemsand components therefor; components for material handling machines, namely, conveyor chain, wheels, rollers, pins, bushings, buckets, sprockets, and bearings; leveler machines and components therefor, namely, work rolls, bearings, and cassettes; tension leveler machines and components therefor; flattening machines and components therefor; manufacturing conveyor machines and components therefor, namely, conveyor chain, wheels, rollers; coil conveyor machines and components therefor, namely, conveyor chain, wheels, rollers; mining conveyor machines and components therefor, namely, conveyor chain, wheels, rollers; apron conveyor machines and components therefor, namely, conveyor chain, wheels, pans, side wings, links, and bearings; drawbenches machines and components therefor, namely drawbench chain; components for leveler machines, namely, work rolls, cassettes, and bearings; work rolls for leveling equipment.
Class 37: acceptable
For Class 42, please note that custom manufacturing to the order and specification of others is in Class 40, and custom design and engineering is in Class 42. If the applicant wants to add Class 40, then the applicant must pay an additional filing fee. I have made suggestions for both Class 40 and 42 below, for your convenience.
Class 40: Custom manufacturing of heavy-load handling systems; custom manufacturing of manufacturing systems; custom manufacturing of conveyor systems; custom manufacturing of material handling machines; Custom manufacture of leveling equipment
Class 42: Custom design and engineering of heavy-load handling systems; custom design and engineering of manufacturing systems; custom design and engineering of conveyor systems; custom design and engineering of material handling machines; Custom design and engineering of leveling equipment
The specimens are acceptable for all of the above classes.
ALLOR MANUFACTURING INC and design, 88508512
The ID and classification issues are the same as above for ALLOR.
The specimen in this one is unacceptable for Class 7. It is not clear how the materials are “point of sale” materials. They appear to be brochures. I can issue a priority action on this requirement once we have resolved the other issues.
The applicant must submit the following disclaimer statement:
n No claim is made to the exclusive right to use “MANUFACTURING INC.” apart from the mark as shown.
DURALLOR ROLLS THAT LAST, 88208578
The only issue in this one is whether DURALLOR has any industry meaning or English translation.
DURALLOR, 88208555
The applicant must submit a new specimen, because an invoice is not an acceptable specimen for goods. I can issue a priority action on that issue once we have resolved the issues concerning meaning and translation for the word DURALLOR.
Please let me know how you want to proceed or if you have questions. Thank you!
/Elissa Garber Kon/
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 106
phone: (571) 272-9181
email: elissagarber.kon@uspto.gov
Notice to applicants and attorneys: relevant e-mail communications will be uploaded to the official application record in accordance with 37 C.F.R. §2.191 and TMEP §§709.04 - .05.