IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
Applicant : HAIR COLLECTION INC.
Serial No. : 76/241612
Filed : May 3, 2000
Mark : HI Q
Mailing date of Office Action : August 14, 2002
Examiner : Andrew Corea
Law Office 101
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Dated : February 14, 2003
Commissioner for Trademarks
Box Responses - No Fee
2900 Crystal Drive
Arlington VA 22202-3513
S I R:
RESPONSE TO OFFICE ACTION
The Examiner's office action dated August 14, 2002, has been carefully reviewed and applicant respectfully requests the examiner reconsider the classification of “hair combs” in the identification of
goods as falling into International Class 026 for the following reasons:
In applicant’s identification of goods the words “hair combs” is proceeded by the word “ornamental” to indicate the function and purpose of the goods “ornamental hair combs” as adornments and
ornamentations, which are fancy goods which fall into international class 026. TMEP §§ 1401.02(a), 1401.05 (“finished products are classified, in principle, according to their function or
purpose...”).
The function and or purpose of applicant’s goods “ornamental hair combs” is not to comb hair and therefore would not fall into the class of housewares in international class 021. The goods
“ornamental hair combs” are decorative and fanciful and used to adorn hair much like hair ribbons, hair bows and hair ornaments which fall into international class 026. Applicant’s goods “ornamental
hair combs” are similar to the goods “ornamental combs” which are classified in international class 026 in U.S. Registration No. 1342479.
In view of the foregoing, it is respectfully requested that the examiner accept applicant’s argument, classify applicant’s goods in international class 026 and further, the application be allowed and
the mark passed to publication.
Respectfully submitted,
DAVID GOLDSTEIN, ESQ.
By: /david goldstein/
David Goldstein
350 Fifth Avenue, Suite 6305
New York, New York 10118
212) 760-0111
I hereby certify that this correspondence is being transmitted by electronic mail to the United States Patent an Trademark Office, Commissioner for Trademarks on the date shown below
DAVID GOLDSTEIN, ESQ.
/david goldstein/ Date: February 14, 2003