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  76/430498

 

This letter responds to the applicant's communication filed on June 26, 2003.  The substitute drawing and the applicant’s name are all acceptable.  The refusal to register the mark under Section 2(d) is hereby WITHDRAWN.

 

The examining attorney has carefully reviewed the applicant’s response and has determined that the following issues are outstanding and thus continued.

 

Identification of Goods

 

The identification of goods is unacceptable as indefinite because the goods listed fall into different classes.  The applicant must amend the identification to specify the common commercial name of the goods.  If there is no common commercial name, the applicant must describe the product and its intended uses. What does the applicant mean by “housewares” and “personal appliances?” Please clarify or identify by common commercial name. Upon applicant’s response, the goods or services  may fall into another international class]

  TMEP §1402.01.

 

Optical glasses, optical lenses, reading glasses, magnifying glasses.  International Class 9.

 

Domestic cooking ovens.  International Class 11.

 

Cooking pots, metal cooking pans; cooking utensils, namely, grills.  International Class 21.

 

Sporting goods, namely, baseballs, baseball bats, footballs, athletic wrists and joint supports.  International Class 28.

 

Improper Classification of Services

 

The applicant has classified the services incorrectly.  The applicant must amend the application to classify the services in International Classes 9,11,21 and 28.  37 C.F.R. Sections 2.33(a)(1)(vi) and 2.85; TMEP sections 805, 1301.06 and 1401.

 

Requirements for Combined Application

 

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)  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.  

 

 

Current fees are sufficient for one class only.

 

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

 

 

/D. Beryl Gardner/

D. Beryl Gardner

Examining Attorney - Law Office 112

http://www.gov.uspto.report/teas/index.html (file responses)

beryl.gardner@uspto.gov (submit questions only)

703-308-9112 x180

410-997-6378

 

 

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.