To: | Glynwed Pipe Systems Limited (pto@LRRC.com) |
Subject: | U.S. Trademark Application Serial No. 88444097 - VULCATHENE - 174448 |
Sent: | August 13, 2019 03:15:36 PM |
Sent As: | ecom103@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88444097
Mark: VULCATHENE
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Correspondence Address: LEWIS ROCA ROTHGERBER CHRISTIE LLP
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Applicant: Glynwed Pipe Systems Limited
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Reference/Docket No. 174448
Correspondence Email Address: |
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The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: August 13, 2019
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.
How to respond. Click to file a response to this nonfinal Office action
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.
Search Results
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).
Identification of Goods Indefinite
Class 11
The wording “Sanitary installations” is unacceptable as indefinite. Applicant must specify the type of sanitary installation (e.g. Sanitary installations, namely, ________ {specify type of sanitary installations, e.g. toilets, sinks, etc.}).
The wording “acid-resisting sanitary and laboratory fittings of plastic, and acid-resisting fittings of plastic, both for use in conveyance and general plumbing, but not including pipes” is unacceptable as indefinite. Applicant must specify the type of fittings (e.g. acid-resisting sanitary and laboratory fittings of plastic, and acid-resisting fittings of plastic, both for use in conveyance and general plumbing, but not including pipes, namely, ________ {specify fittings, e.g. bibbs, cocks, traps, valves, etc.}).
Class 17
The wording “Flexible pipes, tubes, hoses and fittings therefore including valves, and fittings for rigid pipes, all non-metallic” is unacceptable as indefinite. Applicant must clarify the nature of the goods by identifying the goods using their common commercial name and classify accordingly (e.g. Flexible pipes, tubes, hoses and fittings therefore, namely, fittings for rigid pipes, all non-metallic, in Class 17; water-pipe valves, not of metal or plastic, in Class 19).
The wording “pipe clips” is unacceptable as indefinite and misclassified. Applicant must clarify the nature of the goods and classify accordingly (e.g. Metal pipe clips, in Class 6; Non-metal pipe clips, in Class 20).
The word “unions” is unacceptable as indefinite and misclassified. Applicant must clarify the nature of the goods and classify accordingly (e.g. Non-metal pipe collars, in Class 20).
Class 19
The wording “valves therefor, non-metallic” is unacceptable as indefinite and misclassified. Applicant must clarify the nature of the goods and classify the goods accordingly (e.g. Water-pipe valves, not of metal or plastic, in Class 19; Valves of plastic being other than machine parts, in Class 20).
The wording “fittings, made of plastics impervious to acid, for waste pipes” is unacceptable as indefinite and misclassified. Applicant must clarify the nature of the goods and classify the goods accordingly (e.g. plastic pipe fittings, impervious to acid, for waste pipes, in Class 17).
Suggested Identifications
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 may adopt the following identification, if acceptable:
Class 6
Metal pipe clips
Class 11
Sanitary installations, namely, ________ {specify type of sanitary installations, e.g. toilets, sinks}; acid-resisting sanitary and laboratory fittings of plastic, and acid-resisting fittings of plastic, both for use in conveyance and general plumbing, but not including pipes, namely, ________ {specify fittings, e.g. bibbs, cocks, traps, valves}; none being goods included in other classes
Class 17
Flexible pipes, tubes, hoses and fittings therefore, namely, fittings for rigid pipes, all non-metallic; pipes, fittings, and non-metal pipe collars; all made of plastics impervious to acid; plastic pipe fittings, impervious to acid, for waste pipes
Class 19
Rigid pipes not of metal; water-pipe valves, not of metal or plastic
Class 20
Non-metal pipe clips; Valves of plastic being other than machine parts
Multiclass Advisory
The application identifies goods in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):
(1) List the goods and/or services 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(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least five classes; however, applicant submitted a fee(s) sufficient for only three class(es). Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
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 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
Attorney Bar Information Required
Assistance
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney.
/Daniel S. Stringer/
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 103
571.272.8975
daniel.stringer@uspto.gov
RESPONSE GUIDANCE