UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/037086
APPLICANT: Platypus Wear, Inc.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: BAD BOY
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: |
Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 76/037086
This letter responds to the applicant’s communication filed on February 17, 2005
The applicant has submitted a consent agreement which overcomes the Section 2(d) refusal . Please note however, the identification of goods continues to be unacceptable as indefinite for the following reasons.
The wording “volleyball equipment” in the identification of goods is unacceptable as indefinite. The applicant may amend this wording to “volleyball game playing equipment.” TMEP §1402.01.
The applicant has classified pitons in International Class 28. The correct classification is International Class 6. The applicant must either delete those goods or add International Class 6 to the application. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §1401.04(b). If the applicant adds Class 6 to the application, the applicant must amend the goods as follows: The wording “pitons” in the identification of goods is unacceptable as indefinite. The applicant may amend this wording to “ mountaineering equipment namely pitons of metal.” TMEP §1402.01.
The examining attorney refers the applicant to The Acceptable Identification of Goods and Services Manual wherein “mountaineering equipment” could be classified in six different classes (6,8, 18, 22, 25 28) according to the nature of the goods.
Applicant may respond to this final action by either: (1) submitting a timely response that fully satisfies any outstanding requirements, if feasible; or (2) timely filing an appeal of this final action to the Trademark Trial and Appeal Board. 37 C.F.R. §2.64(a); TMEP §715.01. If applicant fails to respond within six months of the mailing date of this refusal, the application will be abandoned. 37 C.F.R. §2.65(a).
Effective January 31, 2005 and pursuant to the Consolidated Appropriations Act, 2005, Pub. L. 108-447, the following are the fees that will be charged for filing a trademark application:
(1) $325 per international class if filed electronically using the Trademark Electronic Application System (TEAS); or
(2) $375 per international class if filed on paper
These fees will be charged not only when a new application is filed, but also when payments are made to add classes to an existing application. If such payments are submitted with a TEAS response, the fee will be $325 per class, and if such payments are made with a paper response, the fee will be $375 per class.
The new fee requirements will apply to any fees filed on or after January 31, 2005.
NOTICE: TRADEMARK OPERATION RELOCATION
The Trademark Operation has relocated to Alexandria, Virginia. Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Applicants, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at http://www.gov.uspto.report/teas/index.html.
Lesley LaMothe
Trademark Attorney
Law Office 103
571-272-9184
e-mail - lesley.lamothe@uspto.gov
HOW TO RESPOND TO THIS OFFICE ACTION:
STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.
VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.
GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.