To: | Heraeus Deutschland GmbH & Co. KG (ndkramer@mindspring.com) |
Subject: | U.S. Trademark Application Serial No. 88378188 - WELCO - HERAEUS 1254 |
Sent: | December 30, 2019 10:00:26 AM |
Sent As: | ecom120@uspto.gov |
Attachments: | Attachment - 1 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No.
Mark: WELCO
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Correspondence Address: |
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Applicant: Heraeus Deutschland GmbH & Co. KG
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Reference/Docket No. HERAEUS 1254
Correspondence Email Address: |
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SUSPENSION NOTICE
No Response Required
Issue date: December 30, 2019
The application is suspended for the reason specified below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
Application suspended until submission of foreign registration or proof that foreign registration was renewed. Applicant is required to provide a copy of a foreign registration from applicant’s country of origin; the foreign registration must be valid when the U.S. registration issues. 15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii)-(iii); TMEP §§1004, 1004.01(a). Action on the application is suspended until the USPTO receives a copy of such foreign registration or proof that the foreign registration was renewed. TMEP §§716.02(b), 1003.04. Applicant must also provide an English translation if the foreign registration or renewal document is not in English. 37 C.F.R. §2.34(a)(3)(ii)-(iii).
If the foreign application abandons or the foreign registration is not renewed, applicant should promptly notify the trademark examining attorney. See TMEP §§1003.08, 1004.01(a). In such case, applicant may amend the application to rely on another filing basis, if appropriate, and will retain the priority filing date, if applicable. TMEP §§1003.08, 1004.01(a).
Requirement satisfied. The following requirement has been satisfied: the requirement to clarify applicant’s entity type. See TMEP §713.02.
Requirements maintained and continued. The following requirements are maintained and continued:
· Identification of goods amendment required
· Multiple-class application requirements
· Description of the mark amendment required
See id. These requirements will be made final once this application is removed from suspension, unless a new issue arises. See TMEP §716.01.
In general, commas should be used in an identification (1) to separate a series of related items identified within a particular category of goods or services, (2) before and after “namely,” and (3) between each item in a list of goods or services following “namely” (e.g., personal care products, namely, body lotion, bar soap, shampoo). Id. Semicolons generally should be used to separate a series of distinct categories of goods or services within an international class (e.g., personal care products, namely, body lotion; deodorizers for pets; glass cleaners). Id.
Applicant may substitute the following wording, if accurate (bolded text indicating suggested changes):
In Class 6, Common metal in powder form; solder powder in the nature of common metal powders used in manufacturing; soft solder; hard solder
In Class 14, noble metal powder used in manufacturing in the nature of precious metals for use in manufacturing jewelry
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
Applicant must also respond to the following requirement.
Multiple-class application requirements. The application identifies goods that are classified in at least two classes; however, applicant submitted a fee sufficient for only one class. In a multiple-class application, a fee for each class is required. 37 C.F.R. §2.86(a)(2), (b)(2); TMEP §§810.01, 1403.01.
Therefore, applicant must either (1) restrict the application to the number of classes covered by the fees already paid, or (2) submit the fees for each additional class.
(1) List the goods by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee already paid (view the USPTO’s current fee schedule).
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
See an overview of the requirements for a Section 44 multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
Applicant must also respond to the following requirement.
Description of the mark amendment required. Applicant must submit an amended description of the mark that matches the colors in the color claim. See 37 C.F.R. §2.52(b)(1); TMEP §807.07(c). The color claim includes the following colors: green and grey. However, the following colors appear in the description of the mark: gray and green.
Colors in the color claim, and description must match. See 37 C.F.R. §2.52(b)(1); TMEP §§807.07 et seq.
The following description of the mark is suggested, if accurate (bolded text indicating suggested change):
The mark consists of the stylized word "WELCO" in grey below a stylized, W-shaped zig-zag line in green.
Suspension process. The USPTO will periodically check this application to determine if it should remain suspended. See TMEP §716.04. As needed, the trademark examining attorney will issue a letter to applicant to inquire about the status of the reason for the suspension. TMEP §716.05.
No response required. Applicant may file a response, but is not required to do so.
/Joshua S. Toy/
Trademark Examining Attorney
Law Office 120
571-272-4856
joshua.toy@uspto.gov