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  76/135826

 

The assigned examining attorney has reviewed the Statement of Use and specimen filed in the above referenced application and determined the following.

 

Discrepancy in Identification of Goods

In its Statement of Use, the applicant’s identification of goods differs from the identification of goods in the Notice of Allowance.  It is not clear whether the applicant intended to restrict the identification, to merely reiterate the identification, or to broaden the scope of the identification in the Notice of Allowance.

 

If applicant intended to merely reiterate the identification in the Notice of Allowance, applicant must describe the goods exactly as they are described in the Notice of Allowance.  If applicant intended to restrict the identification, the applicant must expressly confirm such an intent and submit an amended identification which clearly identifies goods that are within the scope of the identification in the Notice of Allowance.  TMEP §§1109.11(b) and 1109.13.  If applicant intended to broaden the scope of the identification, applicant is advised that the goods specified in the amended identification may not exceed the scope of those set forth in the Notice of Allowance.

 

If the application is expressly amended to delete from the identification any goods set forth in the Notice of Allowance, those items may not be re‑inserted in the identification.  See 37 C.F.R. §2.71(a).

 

If the applicant amends to include goods not specified in the Statement of Use, the applicant must verify, with an affidavit or a declaration in accordance with 37 C.F.R. §2.20, that the applicant used the mark on or in connection with the additional goods in commerce before expiration of the time period for filing a Statement of Use.

 

Advisory - Complete Response Required

Applicant is advised that failure to respond to any element of this Office Action prior to the expiration of the statutory period for response may result in an abandonment of the application for failure to file a complete response.  TMEP §718.03.

 

No set form is required for response to this Office action.  The applicant must respond to each point raised.  The applicant should simply set forth the required changes or statements and request that the Office enter them.  In addition to the identifying information required at the beginning of this letter, the applicant should provide a telephone number to speed up further processing.

 

In all correspondence to the Patent and Trademark Office, the applicant should list the name and law office of the examining attorney, the serial number of this application, the mailing date of this Office action, and the applicant's telephone number.

 

 

 

/Yong Oh (Richard) Kim/

Trademark Examining Attorney

Law Office 115

(703) 308-9115  ext. 434

ecom115@uspto.gov

 

 

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.