UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/244795
APPLICANT: HOMEDICS, INC.
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CORRESPONDENT ADDRESS: MARK A. CANTOR BROOKS & KUSHMAN P.C. 1000 TOWN CENTER, 22 ND FLOOR SOUTHFIELD, MICHIGAN 48075
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom113@uspto.gov
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MARK: HOMEDICS
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CORRESPONDENT’S REFERENCE/DOCKET NO: HOME 0516 TU
CORRESPONDENT EMAIL ADDRESS:
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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 76/244795
The Office has reassigned this application to the undersigned examining attorney.
The subject application was approved for publication on October 16, 2001. However, the file was withdrawn from issue and was returned to the examiner for further action as directed. The examining attorney apologizes for any inconvenience in this regard.
The identification of goods is unacceptable as indefinite because it does not accurately identify the nature of the goods. TMEP §1402.01. based upon the specimen of record and a review of the applicant’s website, the applicant may adopt the following identification, if accurate:
“portable bathtub jets in the nature of a bath mat incorporating built-in bubbling jets,” in International Class 011.
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 that are not within the scope of goods set forth in the present identification. Applicant should also note that the decision as to the proper classification of goods or services is a purely administrative matter which is within the sole discretion of the United States Patent and Trademark Office. In re Tee‑Pak, Inc., 164 USPQ 88 (TTAB 1969).
Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class. The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00.
Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Michael P. Keating/
Trademark Attorney
Law Office 113
(703) 308-9113 x232
(703) 746-8113 (fax)
ecom113@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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.