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  76/311473            AVANT GARDE

 

This letter responds to the applicant’s communication filed on March 31, 2003.

 

The Canadian registration certificate submitted by the applicant has been accepted and entered into the record.

 

However, upon final review of the application in preparation for publication, the following issues are noted.  The examining attorney apologizes for raising these issues at this late stage of the examination process, and sincerely regrets any inconvenience this may cause the applicant.

 

The applicant must amend the identification of goods

The wording “linens” in the identification of goods is unacceptable as indefinite. The applicant must specify the particular nature of the linens being claimed (e.g., bed linens, tables linens, etc.) The applicant may amend this wording to “Table linens; bath linens,” if accurate.  TMEP §1402.01.

 

The wording “bed linen including mattress pads, feather beds and bed skirts” in the identification of goods is unacceptable as indefinite because such goods are generally not considered to be linens.  Bed linens are traditionally limited to those goods constructed solely of linen, such as sheets and pillowcases.  The applicant may amend this wording to delete the word “including,” i.e., “bed linens, mattress pads, feather beds, bed skirts,” if accurate.  TMEP §1402.01.

 

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.

 

The applicant may delete a basis for registration

The applicant has filed relying on its claim of a bona fide intention to use the mark in commerce under Trademark Act Section 1(b), 15 U.S.C. §1051(b), and on a foreign registration under Section 44(e), 15 U.S.C. §1126(e).  The foreign registration alone may serve as the basis for obtaining a U.S. registration resulting from this application.  The applicant must advise the examining attorney, however, if the applicant intends to rely solely on the foreign registration as the basis for registration. 

 

Unless the applicant indicates otherwise, this Office will presume that the applicant wishes to rely on Section 1(b) as well as on Section 44(e) as the bases for registration.  In this case, although the application may be approved for publication, the mark will not be registered until an acceptable allegation of use has been filed. 

 

PLEASE NOTE:  All of the issues raised can be resolved by telephone.  The applicant may telephone the examining attorney, instead of submitting a written response, to expedite the application.

 

 

 

/Michael W. Baird/

Examining Attorney

Law Office 114

Telephone: (703) 308-9114 ext. 107

Fax:            (703) 746-6370

 

 

 

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.