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  76/380531

 

The examining attorney withdraws the FINAL Office Action dated, March 04, 2003, in light of the discovery that applicant received an Office Action that was different than the version that was entered as part of applicant’s file.  Therefore, applicant must respond to the present Office Action within six (6) months of the above-indicated mailing date.

 

Applicant must be mindful when making any additional amendments to the identification of goods, that the scope of the amended changes cannot be exceeded.

 

Note:  The examining attorney provides the text from the earlier-mentioned Office Action only in relevant part. Therefore, applicant need not readdress any requirements or issues that have been previously accepted, as indicated below:

 

Foreign Registration

The examining attorney accepts applicant’s foreign registration.

 

Drawing

The examining attorney accepts applicant’s amended drawing.

Submission of Signature and Date of Execution

The examining attorney accepts applicant’s submission of a signed and dated application.

_______________________________________________________________________________

 

Identification of Goods

 

The applicant must clarify the identification of goods by specifying any indefinite wording. TMEP section 804. If the applicant prosecutes this application as a combined, or multiple-class application based on use in commerce under Trademark Act Section 1(a), 15 U.S.C. §1051(a), the applicant must comply with each of the following:

 

(1) The applicant must specifically identify the goods in each class and list the goods by international class with the classes listed in ascending numerical order. TMEP § 1403.01.

 

(2) The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid. 37 C,FR. §§2.6(a)(1) and 2.86 (b); TMEP §§810.01 and 1403.01. The fee for filing a trademark application is $325 for each class.

 

      (3) The applicant must submit:

 

(a) dates of first use and first use in commerce and one specimen for each class that includes goods or services based on use in commerce under Trademark Act Section 1(a). The dates of use must be at least as early as the filing date of this application,

 

            37 C.F.R. §§2.34(a)(1) and 2.86(a). and the specimen(s) must have been in use in

            commerce at least as early as the tiling date of the application, and/or

 

            (b) a statement of a bona fide intention to use the mark in commerce on or In

connection with all the goods or services specified in each class that includes    goods or services based on a bona fide intention to use the mark in commerce under Trademark Act Section 1(b), where such statement was not included for the goods or services in the original application.

 

  (4) The applicant must submit an affidavit or a declaration under 37 C.F.R. §2.20 signed by the applicant to verify (3) above. 37 C.F\R. §§2.59(a) and 2.71(c).

 

The applicant must clarify the identification of goods by deleting unnecessary language, . i.e.. included in Class **, and deleting all parentheses within the identification. TMEP section 804.

 

The applicant may adopt the following identification of goods, if accurate:

 

“Paper [indicate the type of paper, carbon, copy, etc.], cardboard and goods made from these materials, in particular containers of cardboard or corrugated cardboard; plastic materials for packaging, in particular containers of plastic—[should be moved to Intl. Class 020, see below], bookbinding material; instructional and teaching material in the nature of [indicate the type of material, e.g., textbooks. etc.] in the field of [indicate the subject matter, e.g., mathematics, science. etc.] in International Class 016."

 

“Non-metal container, namely, [indicate the type of  container, e.g., packing containers, and its use, e.g., for commercial use] made of plastic, or  wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, plastic containers, namely, [indicate the type of containers, e.g., tubs] for use in [indicate the particular packing use, e.g., consumer products packaging] in International Class 020.”

 

“Household or kitchen utensils, namely, [indicate the specific items, e.g., pot and pan scrapers, rolling pins, spatulas, turners, whisks], and containers for household or kitchen use that are not of precious metal or coated therewith; unworked or semi-worked glass [indicate if the glass is glass fabrics] for the purpose of [indicate what the glass is used for e.g., vehicle  windows, industrial use, etc.]; glassware, [indicate what the particular good made  from the stated material, e.g., beverage, etc.], porcelain [indicate the particular good made form the stated material, e.g., mugs], and earthenware [indicate the particular good made from the stated material, e.g., basins] in International Class 021.”

Status and Information

 

If the applicant has access to the internet, current status and status date information is available on

our website at www.uspto.Qov.  The website provides several searchable databases, as well as

general information about trademarks.

 

If the applicant does not have internet access, current status and status date information is

available, via push button telephone, for all federal trademark registration and application records

maintained iii the automated Trademark Reporting and Monitoring (TRAM) system.         The

information may be accessed by calling (703) 305-8747 from 6:30 aim until midnight, Eastern

Time, Monday through Friday, and entering a seven-digit registration number or eight-digit

application number, followed by the #  symbol, after the welcoming message and tone. Callers

may request information for up to five registration number or application number records per call.

 

If the applicant has any questions or needs assistance in responding to this Office action, please

telephone the assigned examining attorney.

                                             

 

/C. Dionne Clyburn/

C. Dionne Clyburn

 

Trademark Examining Attorney

Law Office 110

(703) 308-9110 ext. 239

ecom110@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.