UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/428904
APPLICANT: Quality Manufacturing Inc.
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3
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CORRESPONDENT ADDRESS: DAVID R. HAARZ DICKINSON WRIGHT PLLC 1901 L ST NW STE 800 WASHINGTON DC 20036-3510
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: QMI
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CORRESPONDENT’S REFERENCE/DOCKET NO: 29178-0011
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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TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.
Serial Number 76/428904
x Action on this application was suspended pending receipt of a true copy, a photocopy, a certification, or a certified copy of the Certificate of Registration in the country of origin of applicant. The applicant must indicate the status of the relevant foreign application.
REQUIREMENT FOR ACCEPTABLE IDENTIFICATION OF GOODS CONTINUED
The requirement for an acceptable identification of goods clause is continued. One item remains unacceptable and must be amended.
Applicant’s listing of shovels in class 8 exceeds the scope of the earlier listing, which limited applicant’s shovels to those used for lawn care purposes. Applicant may not expand the scope of the identification of goods. The listing in class 8 should be amended to read:
hand tools, namely household and automobile snowscrapers; and lawn care products, namely,
shovels. In class 8.
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.
Note that applicant also still relies upon Section 1(b) of the Trademark Act.
/Steven Foster/
Steven Foster, Trademark Attorney
Law Office 106
(703) 308-9106 Ext. 123
Fax number for the Law Office: (703) 746-8106
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 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