UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/405634
APPLICANT: New England Pottery Co., Inc.
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CORRESPONDENT ADDRESS: GEORGE L. GREENFIELD WOLF, GREENFIELD & SACKS, P.C. FEDERAL RESERVE PLAZA 600 ATLANTIC AVENUE BOSTON, MA 02210 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom111@uspto.gov
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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MARK: NEW ENGLAND POTTERY
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CORRESPONDENT’S REFERENCE/DOCKET NO: N00111/20012
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 email address.
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Serial Number 76/405634
The application has been AMENDED as indicated below. Please note that if the identification of goods or services has been amended below, any future amendments must be in accordance with 37 C.F.R. 2.71(a); TMEP section 1402.07(e). No response is necessary unless there is an objection to the amendment. If there is an objection to the amendment, the applicant should notify the examining attorney immediately.
The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
AMENDMENT TO CLASSIFICATION:
The application was approved for publication. However, upon further review of the application by the Office, the “non-structural bird baths made out of plastic” in International Class 19 should be properly classified in International Class 21. This Office will correct the application record to reflect the proper class number. 37 C.F.R. §2.85; TMEP §1401.03(b).
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).
/ROBERT L. LORENZO/
Robert L. Lorenzo
Trademark Attorney
Law Office 111
(703) 308-9111 x 117
Robert.Lorenzo@uspto.gov