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  76/425333

 

This letter responds to the applicant’s communication filed on 12/2/03.

 

The amended identification of goods is unacceptable because it contains indefinite terminology.  Accordingly, the requirement for a more specific identification of goods is maintained and made FINAL.  Furthermore, applicant has paid only three class fees and yet the list of goods spans nine classes of goods.  Accordingly, applicant must either restrict the application to one class or pay the required fees.

 

IDENTIFICATION OF GOODS

 

The required changes are in lower case letters.

 

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

 

INTERNATIONAL CLASS 2

 

The description is acceptable.

 

 

 

 

 

 

INTERNATIONAL CLASS 3

The description is acceptable.

 

INTERNATIONAL CLASS 4

The description is acceptable.

INTERNATIONAL CLASS 16 

The description is acceptable.

NTERNATIONAL CLASS 21

HOUSEWARES, NAMELY, drinking glasses; and gardening tools, namely, garden hose nozzles; and gardening gloves.

INTERNATIONAL CLASS 25

CLOTHING, namely, PANTS, SHIRTS, T-SHIRTS, SWEATER, DRESSES, SKIRTS, JACKETS, BLOUSES, SKORTS, SHORTS, SWEAT PANTS, SWEATSHIRTS, VESTS, SOCKS, SHOES, BELTS, RAINWEAR, SHELLS, PULLOVERS, TIES, SCARVES, HATS, CAPS, GLOVES, and APRONS.

INTERNATIONAL CLASS 26

FANCY GOODS, namely, ARTIFICIAL FLOWERS, FRUIT AND PLANTS, BOWS FOR GIFT WRAPPING, and RIBBON FOR GIFT WRAPPING.

INTERNATIONAL CLASS 27

FLOOR COVERINGS, NAMELY, RUGS, CARPETS, MATS, LINOLEUM AND VINYL COVERINGS, AND carpet TILES.

INTERNATIONAL CLASS 29

MEATS; gourmet meats; A FULL RANGE OF PROCESSED, CANNED, or COOKED, MEATS, VEGETABLES, FRUITS, fruit-based SNACK FOODS;  fruit SAUCES, processed CHEESES AND OTHER DAIRY ITEMS, AND prepared entrees consisting primarily of meats; JELLIES AND JAMS.

INTERNATIONAL CLASS 30

Pastas.

 

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 application identifies goods that are classified in 9 international classes and has paid only three class fees.  Therefore, the applicant must either:  (1) restrict the application to the number of class(es) covered by the fee already paid, or (2) pay the required fee for each additional class(es).  37 C.F.R. §2.86(a)(2); TMEP §§810.01, 1401.04, 1401.04(b) 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.  37 C.F.R. §2.6(a)(1). 

 

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.  

 

 

Please note that the only appropriate responses to a final action are (1) compliance with the outstanding requirements, if feasible, (2) filing of an appeal to the Trademark Trial and Appeal Board, or (3) filing of a petition to the Director if permitted by 37 C.F.R. §2.63(b). 37 C.F.R. §2.64(a); TMEP §715.01.  Regarding petitions to the Director, see 37 C.F.R. §2.146 and TMEP Chapter 1700.  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). 

 

In all correspondence to the Patent and Trademark Office, the applicant should list the name and law office of the examining attorney, the serial number of this application, the mailing date of this Office action, and the applicant’s telephone number.

 

 

 

/John E. Michos/

Trademark Attorney

Law Office 105

703 308-9105 ext. 152

703 872-9825 (fax)

ecom.105@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.