Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  75/798172

 

The application has been returned to the examining attorney to examine the documents pertaining to the Section 44(e) registration basis.

 

 The section 1(b) basis has not been deleted.

 

International Class 14

 

The identification of goods/services is unacceptable because it exceeds the scope of the goods/services identified in the foreign certificate of registration.  Therefore, the applicant must limit the identification by deleting the following:  alarm clocks, clocks incorporating radios, clocks, sun dials, and wall clocks.  In re Lowenbrau München, 175 USPQ 178 (TTAB 1972); 37 C.F.R. §2.32(a)(6); TMEP §§1012 and 1402.01(b). 

 

International Class 16

 

The identification of goods/services is unacceptable because it exceeds the scope of the goods/services identified in the foreign certificate of registration.  Therefore, the applicant must limit the identification by deleting the following:  bags for microwave cooking, blackboards, book holders, book plates, book rests, bookbinding wire, bookbindings, bookends, Bristol boards, bulletin boards, calendar desk stands, calendar stands, canvas for painting, cart pointers, cat box liners in the form of plastic bags, celestial globes, cellulose wipers, chalk boards for school and home use, chalk erasers, clip boards, cloth for binding, coasters made of paper, coin albums, coin holders, coin mats, coin wrappers, copyholders, correspondence holders, correspondence racks, cosmetic pencil sharpeners, date indicators, desk accessories (indefinite), desk file trays, desk mounted stationery cabinets, desk sets, desk stands and holders for pencils, desk top document racks, desk top document stands, desk top organizers, desk top planners, desk top revolving rotary card files, desk top stationery cabinets, directory boards, dispensers for adhesive tapes for stationery or household purposes, display boards, disposable training pants, disposable wipes not impregnated with chemicals or compounds, document file racks, dry erase writing boards and writing surfaces, easels, electric pencil sharpeners, eraser duster brushes, erasers, file boxes for storage of business and personal records, file folders, file sorters, file trays, finger moisteners, fingerprint kits, file chart carrying cases, file clip chart cases, fluid ink eradicator, folders, grocery bags, gummed paperhanging folders, holders for desk accessories, ink rollers for office machines, ink sticks, ink stones, inking pads,  lap boards for reading and writing, letter files, letter openers, letter racks, letter trays, lunch bags, magnetic boards, marker caddies, marking tabs,   mat boards, mechanical pencil sharpeners, memo sorters, memorandum boards, merchandise bags, modeling clay for children, modeling clay, modeling compounds, modeling materials and compounds for use by children, mounting boards, mounts for stamps, numbering guides, numbering machines, paint applicator rollers, paint applicators, paint roller covers, paint stick marker, paint stirrers and paddles, paint trays, painting palettes, painting sets for artists, painting sets for children, palettes for painting, paper bathmats, paper bibs, paper bibs, paper bows for gift wrap, paper cake decorations, paper clip holders, paper clips, paper closures for sealing containers, paper cutters, paper dollies, paper drop cloths, paper egg cartons, paper emblems, paper fasteners, paper file jackets, paper gift bags, paper gift wrap bows, paper gift wrapping ribbons, paper hole punches, paper illustration boards, papermache figurines, papermache, paper mats, paper padding, paper party bags,  paper party decorations, paper party hats, paper pennants, paper pillowcases, paper placemats, paper racks, paper ribbons, paper sign holders, paper staples, paper table cloths, paper table linens, paper try covers, paper trays, paper washcloths, paperweights, passport holders, pastels, pen and pencil trays, pen cases, pen or pencil holders, pencil boxes, pencil cases, pencil or pen boxes, pencil sharpeners, photographic mounts, photographic  croppers, photographic or art mounts, picture framing mat boards, plastic bags for undergarment disposal, plastic bubble packs for wrapping or packaging, plastic disposal  diaper bags, plastic food storage bags for household use, plastic or paper bags for household use, plastic pages for holding photographs, plastic place mats, plastic sandwich bags, plastic sheets and labels for writing, printing and marking, plastic wrap, playing card cases, pocket pen shields, pocket secretaries, printer’s blankets not of textile, printer’s gallery racks, printing blocks, printing clichés, printing fronts, protective covers for sheets of paper and pages of books and the like, rosaries, rubber document stamps,  rubber finger tips, rubber stamps, sandwich bags, scented drawer liners, scented paper drawer liners, sheet music stands, slate boards for writing, sleeves for holding and protecting stamps, stamp pad inks, stamp pad, staple removers, staples, stationery boxes, stationery folders, stationery type portfolios, stenciling machines, stencils, straight edges, T-squares, table linens of paper, table mats of paper, terrestrial globes, trading card discs, trading card milk bottle caps, typeface, typewriter printwheels, typewriter ribbons, typewriter type balls, typewriter typing elements, vacuum cleaner bags,   vacuum cleaner bags,  and watercolor boards.  In re Lowenbrau München, 175 USPQ 178 (TTAB 1972); 37 C.F.R. §2.32(a)(6); TMEP §§1012 and 1402.01(b). 

 

 

International Class 18

 

The identification of goods is unacceptable because it exceeds the scope of the goods identified in the foreign certificate of registration.  Therefore, the applicant must limit the identification by deleting the following:  animal harnesses, animal leashes, animal skins and hides, blinders for horses, blinders for poultry to prevent fighting, dog leashes, frames for umbrellas, fur pelts, fur sold in bulk, gut for making food casings, muzzles, rawhide chews for dogs, pelts, pet cushions, poultry blinders to prevent fighting, umbrella covers, scratching posts, umbrella handles, and umbrella rings.  In re Lowenbrau München, 175 USPQ 178 (TTAB 1972); 37 C.F.R. §2.32(a)(6); TMEP §§1012 and 1402.01(b). 

 

 

International Class 25

 

The identification of goods listed in International class 25 is acceptable and within the scope of the goods listed in the foreign certificate of registration.

 

 

International Class 28

 

The identification of goods is unacceptable because it exceeds the scope of the goods identified in the foreign certificate of registration.  Therefore, the applicant must limit the identification by deleting the following:  Christmas garlands, Christmas stocking, Christmas tree skirts, Christmas tree stand covers, and Christmas tree stands. In re Lowenbrau München, 175 USPQ 178 (TTAB 1972); 37 C.F.R. §2.32(a)(6); TMEP §§1012 and 1402.01(b). 

 

 

International Class 38

 

The recitation of services listed in International class 38 is acceptable and within the scope of the services listed in the foreign certificate of registration.

 

 

International Class 41

 

The identification of services is unacceptable because it exceeds the scope of the services identified in the foreign certificate of registration.  Therefore, the applicant must limit the identification by deleting the following:  animal exhibition, animation production services, audio recording and production, cable television programming, closed captioning of films and videos, composition of music for others, concert bookings, disc jockeys for parties and special events, distribution of radio programs for others, distribution of television programming to cable television systems, distribution of television programs for others, dubbing services, educational research, educational testing, golf caddie services, handicapping for sporting events, horse showing,  modeling for artists, motion picture film production, movie studios, multimedia entertainment software production services, multimedia entertainment software production for others, organizing community festivals featuring a variety of activities, namely, art exhibitions, flea markets, ethnic dances,  and the like, party planning, production and distribution of motion pictures, production of cable television programs, production of closed caption television programs, production of radio and television programs, radio entertainment production, record master production, record production, recording studios, rental of cinema films, rental of cinema projection apparatus and accessories, rental of film projection equipment, rental of films, rental of motion picture films, rental of motion pictures, rental of movie projectors and accessories, rental of musical instruments, rental of radios and televisions, rental of radios, , rental of show scenery, rental of skin diving equipment, rental of sound recordings, rental of stage scenery,  rental of tape recording  equipment, rental of television sets, rental of videotape cassettes, rental of video tapes, script writing services,  song writing services, sound recording studios, special effects animation services for film and video, sports refereeing and officiating, television production, television program syndication, television show production, theatrical booking agencies, timing of sporting events, video editing, and videotape production.  In re Lowenbrau München, 175 USPQ 178 (TTAB 1972); 37 C.F.R. §2.32(a)(6); TMEP §§1012 and 1402.01(b). 

 

Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, the applicant may not amend to include any goods/services that are not within the scope of the goods/services recited in the present identification.

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

 

 

 

 

/Priscilla Milton/

Examining Attorney

Law Office 110

Priscilla.Milton@uspto.gov (for informal questions)

(703) 308-9110 Ext. 423

ecom110@uspt.gov (for Formal responses only)

 

 

How to respond to this Office Action:

 

To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.

 

To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.

 

To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.