Offc Action Outgoing

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  76/381679

 

This letter responds to the applicant's communication filed on December 27, 2002.  The applicant:

 

1.      Amended the identification of goods; and,

2.      Argued against the refusal to register under Section 2(d).

 

Number 2 is acceptable.

 

The refusal to register under Section 2(d) is withdrawn.

 

Identification of Goods

The amended identification of goods is unacceptable as indefinite because it does not clearly identify the nature of the applicant’s goods, and it identifies goods that are properly classified in multiple international classes.  TMEP §§1402.01; 1402.11.  The requirement is made FINAL.

 

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

 

Small electrical appliances, namely, juice extractor, in International Class 7.

 

Small electrical appliances, namely, juice extractor, sandwich press, electric wok, electric blender, electric grill, toaster, muffin maker, waffle maker, hot water urn, electric frypan, electric skillet, electric kettle, electric deep fryer, rice cookers and french fryers, in International Class 11.

 

Candle holders of precious metal, in International Class 14.

 

Dinnerware, housewares, namely, folding bed meal trays, ice buckets, tea kettles, insulated bottles, mixing bowls, salad bowls, salad spinners, candle holders not of precious metal, mixing bowls, bread trays, baking accessories namely, springform pans, colanders, double boilers, cooling racks, sauciers, cookie sheets, muffin pans, cake pans, pie pans, loaf pans; serving accessories; namely, pitchers, gravy boats, barbecue accessories; namely, barbecue grills, fish baskets, barbecue baskets, cookware; namely, pots and pans, namely, broiler pans, non-electric broiler/roaster pans, non-electric roaster/steamer pans, non-electric steamer/poacher pans, stove top grills, frying pans, woks and wok skillets, roasting pans, stock pots and tea pots, buffetware; namely, pastry servers, pie servers, serving forks, soup ladles, serving spoons, glassware; namely, pitchers and vases, bowls, cream and sugar sets, beer mugs, plastic food storage containers, in International Class 21.

 

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 or services that are not within the scope of the goods and services recited in the present identification.

 

Combined Class

If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following.

 

(1)  The applicant must list the goods/services 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.F.R. §§2.6(a)(1) and 2.86(a); TMEP §§810.01 and 1403.01.  Effective January 1, 2003, the fee for filing a trademark application is $335 for each class.  This applies to classes added to pending applications as well as to new applications filed on or after that date.  

 

Applicant Must Explain Purpose of Lining/Stippling

The applicant has not responded to the Lining/Stippling requirement.  The requirement is made FINAL.

 

The drawing of the mark contains stippling.  The applicant must explain the purpose of the stippling.

 

(1)  If the stippling in the drawing is a feature of the mark, the applicant must submit the following statement:  “The stippling shown in the drawing is a feature of the mark.”

 

(2)  If the stippling in the drawing is not a feature of the mark, but merely indicates shading, the applicant must submit the following statement:  “The stippling shown in the mark is merely to indicate shading.”

 

(3)  If the stippling in the drawing is to indicate color, the applicant is advised that as of October 30, 1999, the Office no longer requires the use of lining and stippling to indicate color.  However, the Office will continue to accept drawings that show color by using the color linings formerly shown in 37 C.F.R. Section 2.52(e).  If the applicant wants to use the drawing of record, the applicant must submit the following statement:  “The mark is lined for the color(s) ____________ (specify the color(s)).”

 

(4)  If the stippling in the drawing is to indicate color, the applicant also has the option of deleting the stippling from the mark and indicating color using the provisions of the new law.  If the applicant wishes to delete the lining from the mark, the applicant must submit a new black-and-white drawing of the mark that meets the requirements of 37 C.F.R. Section 2.52(a)(2)(i), along with a statement of what the color is and where the color appears in the mark.  

 

(5)  If the applicant indicates that color is part of the mark, either by using the color lining system or by describing the color and where it appears in the mark, the Office will presume that the applicant is claiming color as a feature of the mark.  If the applicant does not consider color to be a feature of the mark, the applicant may submit a statement that “no claim is made to color” or “color is not a feature of the mark.”

 

Options

Please note that the only appropriate responses to a final action are either (1) compliance with the outstanding requirements, if feasible, or (2) filing of an appeal to the Trademark Trial and Appeal Board.  37 C.F.R. Section 2.64(a).  If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application abandoned.  37 C.F.R. Section 2.65(a).

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

 

 

/Andy Corea/

Examining Attorney

Trademark Law Office 101

703/308-9101 x171

 

 

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.