To: | Glynwed Pipe Systems Limited (pto@LRRC.com) |
Subject: | U.S. Trademark Application Serial No. 88444097 - VULCATHENE - 174448 |
Sent: | March 17, 2020 02:49:07 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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NONFINAL OFFICE ACTION
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: March 17, 2020
Introduction:
The Office has reassigned this application to the undersigned trademark examining attorney.
The trademark examining attorney apologizes for any inconvenience caused by the delay in raising this issue.
Applicant must address all issues raised in this Office action, in addition to the issues raised in the Office action dated August 13, 2019. The issue raised in the previous August 13, 2019 Office action is as follow and is maintained: identification of goods amendment required.
The following is a SUMMARY OF ISSUES that applicant must address:
Applicant must respond to all issues raised in this Office action and the previous August 13, 2019 Office action, within six (6) months of the date of issuance of this Office action. 37 C.F.R. §2.62(a); see TMEP §711.02. If applicant does not respond within this time limit, the application will be abandoned. 37 C.F.R. §2.65(a).
Identification of Goods – Amendment Required:
The wording listed below from the identification of goods is indefinite and must be clarified for the reasons stated. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
International Class 011:
The wording “Sanitary installations, namely, sinks, drip cups and anti-siphon and dilution recovery traps” in the identification of goods is indefinite and must be clarified because as currently written drip cups and traps are unclear. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must amend this wording to specify the drip cups and traps, e.g., “Sanitary installations, namely, sinks, and anti-siphon and dilution recovery plumbing traps and drip cups, all sold as a unit”. See TMEP §1402.01.
The wording “acid-resisting sanitary and laboratory fittings of plastic, and acid-resisting fittings of plastic, both for use in conveyance and general plumbing, namely, cocks, traps, valves, but not including pipes; none being goods included in other classes” in the identification of goods is indefinite and must be clarified because “none being goods included in other classes” is unclear. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. An identification should set forth the common name of a good or service using terminology that is generally understood. Wording such as "included in this class" is not the common name of particular goods or services and would not be understood by those unfamiliar with the Nice Classification. If an identification includes wording such as "included in this class," "belonging in this class," or "excluding goods/services in other classes," or the like, the examining attorney will require the applicant to delete such wording because it does not identify a particular good or service. TMEP §1402.02.
International Class 017:
Applicant must clarify the wording “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” in the identification of goods in International Class 017 because it is indefinite and too broad. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. This wording is indefinite because it does not make clear what the goods are made of, the wording “therefore” is misspelled, and the correct punctuation is not used. Further, this wording could identify goods in more than one international class. For example, “Flexible pipes, tubes, and hoses and fittings therefor, all non-metallic, fittings for rigid pipes, all non-metallic; flexible pipes, pipe fittings, and non-metal pipe collars, all made of plastics impervious to acid; plastic pipe fittings, impervious to acid, for waste pipes” are in International Class 017 and “rigid pipes, not of metal” are in International Class 019.
To address the above issues, applicant may adopt any or all of the following identifications, with the necessary information added, if accurate
(proposed changes shown in bold typeface; proposed deletions shown in strikethrough):
International Class 011: Sanitary installations, namely, sinks, drip cups and anti-siphon and dilution recovery
plumbing traps and drip cups, all sold as a unit; acid-resisting sanitary and laboratory fittings of plastic, and acid-resisting fittings of plastic, both for use in conveyance and
general plumbing, namely, cocks, traps, valves, but not including pipes; none being goods included in other classes
International Class 017: Flexible pipes, tubes, and hoses and fittings therefore therefor, all non-metallic,
namely, fittings for rigid pipes, all non-metallic; flexible pipes, pipe fittings, and non-metal pipe collars, all made of plastics impervious to acid; plastic pipe
fittings, impervious to acid, for waste pipes
International Class 019: Rigid pipes, not of metal; water-pipe valves, not of metal or plastic
For assistance with identifying and classifying goods 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 Wish to Seek Trademark Counsel:
Because of the legal technicalities and strict deadlines of the trademark application process, applicant is encouraged to hire a private attorney who specializes in trademark matters to assist in this process. The assigned trademark examining attorney can provide only limited assistance explaining the content of an Office action and the application process. USPTO staff cannot provide legal advice or statements about an applicant’s legal rights. TMEP §§705.02, 709.06. See Hiring a U.S.-licensed trademark attorney for more information.
For this application to proceed, applicant must explicitly address each requirement in this Office action. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
If applicant does not timely respond to this Office action, the following goods will be deleted from the application: “Sanitary installations, namely, sinks, drip cups and anti-siphon and dilution recovery traps; none being goods included in other classes” in International Class 011 and “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” in International Class 017 See 37 C.F.R. §2.65(a); TMEP §718.02(a).
In such case, the application will then proceed with the following goods only: “acid-resisting sanitary and laboratory fittings of plastic, and acid-resisting fittings of plastic, both for use in conveyance and general plumbing, namely, cocks, traps, valves, but not including pipes” in International Class 011, “plastic pipe fittings, impervious to acid, for waste pipes” in International Class 017, and “Rigid pipes, not of metal; water-pipe valves, not of metal or plastic” in International Class 019. See TMEP §718.02(a).
Assistance or Response Options:
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a response to this nonfinal Office action.
/Anna Oakes/
Anna J. Oakes
Examining Attorney
Law Office 103
(571) 272-2569
aoakes1@uspto.gov
RESPONSE GUIDANCE