UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/428904
APPLICANT: Quality Manufacturing Inc.
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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 ecom106@uspto.gov
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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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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Serial Number 76/428904
NOTICE OF SUSPENSION
Action on this application is suspended pending receipt of a certification or certified copy of the registration in the country of origin of applicant. If the registration is in a foreign language, an English translation must be submitted. The certification or certified copy of the registration should be forwarded to the Examining Attorney as soon as possible. If the foreign application is abandoned, the Examining Attorney should be advised.
Note that applicant also relies upon Section 1(b) of the Trademark Act herein.
REQUIREMENT FOR ACCEPTABLE IDENTIFICATION OF GOODS CONTINUED
The requirement for an acceptable identification of goods clause is continued.
In class 3, applicant lists “shower powder” twice. One of the listings must be deleted. Repetitive listings are to be avoided.
The specific baking soda powder cleaners must be stated. If the goods are for use on the skin, this should be made clear by adding the words “on the skin” at the end of the current listing for these goods. (after the word “application”)
In class 21, the shovels are misclassified. These goods fall in class 8, and should be characterized as “lawn care products, namely shovels.”
Also in class 21, the listing for “kitchen cups” exceeds the scope of the original goods. “Kitchen cups made of plastic” would be within the scope of the earlier listing, which limited the goods to “plastic” cups.
Also in class 21, the type of glasses must be stated. (e.g., drinking glasses.)
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.
This case stands suspended. Any other prior refusals or informalities not addressed above are deemed satisfied or are withdrawn.
/Steven Foster/ Trademark Attorney
Law Office 106
(703) 308-9106 Ext. 123
Fax number for the Law Office: (703) 746-8106
E-mail responses: ecom106@uspto.gov