UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/406044
APPLICANT: MBG Industries, Inc.
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CORRESPONDENT ADDRESS: James M. Loeffler Carter, DeLuca, Farrell & Schmidt LLP Suite 225 445 Broadhollow Road Melville NY 11747 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom106@uspto.gov
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MARK: SPEARFISH
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CORRESPONDENT’S REFERENCE/DOCKET NO: 1004-5
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 76/406044
Responsive to the communication received on 3-12-03.
The wording “personal schedulers and day planners”(AMEND TO-PRINTED PERSONAL SCHEDULERS AND PRINTED DAY PLANNERS) in the identification of goods is unacceptable as indefinite. The applicant must amend the identification to specify the commercial name of the goods. If there is no common commercial name for the product, the applicant must describe the product and its intended uses. 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 ABOVE REQUIREMENT IS CONTINUED AND MADE FINAL
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. §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. §2.65(a).
PLEASE NOTE: All of the issues raised can be resolved by telephone or e mail. The applicant may telephone the examining attorney, instead of submitting a written response, to expedite the application.
John C. Tingley
Trademark Examining Attorney
Law Office 106
703-308-9106 x-266 fax 703 746 8106
ecom106@uspto.gov
6:30 a.m. to 3:00 p.m
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.