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  76/416224

 

Please note that the Office has reassigned this application to the undersigned examining attorney.  The examining attorney has carefully reviewed the applicant’s response to the first Office action containing amendments in favor of registration.  The foreign registration and amended identification of goods and services has been entered into the record.  However, the examining attorney has determined the following.  The examining attorney apologizes for any inconvenience that this might cause.

 

Mark is Deceptive in Class 14

 

The examining attorney also refuses registration because the applicant's mark is deceptive under Trademark Act Section 2(a), 15 U.S.C. Section 1052(a).  The applicant's mark includes the term "SILK."  If the goods do not, in fact, contain silk, the mark will deceive the purchasing public as to an important factor in the decision to purchase.  If the goods do contain silk, the applicant may amend the identification of goods to state that fact, and the examining attorney will withdraw this refusal.  The applicant may adopt the following identification of goods, if accurate:

 

Yarns and threads made in whole or substantial part of silk in International Class 23.

-and-

Fabrics for use in the manufacture of clothing, blankets, scarf plaids made in whole or substantial part of silk in International Class 24.

-and-

Clothing, namely shirts, pants, sport coats, swim suits, socks, trousers, scarves, gloves, vests, undershirts, knitwear, overcoats and jackets made in whole or substantial part of silk in International Class 25.

 

In re Budge Mfg. Co., 857 F.2d 773, 8 USPQ2d 1259 (Fed. Cir. 1988); In re Shapely, Inc., 231 USPQ 72 (TTAB 1986); In re Intex Plastics Corp., 215 USPQ 1045 (TTAB 1982).  See TMEP section 1203.02.  Although the examining attorney has refused registration, the applicant may respond to the refusal to register by submitting evidence and arguments in support of registration. 

 

For Your Information - Fee increase effective January 1, 2003

Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class.  The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00. 

 

Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.

 

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

 

 

 

 

/Jason F. Turner/

Examining Attorney

Law Office 108

(703) 308-9108 Ext. 247

(703) 746-8108 (Fax)

ecom108@uspto.gov

(703) 305-8747 (Status)

 

 

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.