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  76/435367

 

The assigned examining attorney has reviewed the referenced application and determined the following.

 

NO CONFLICTING MARKS NOTED

 

The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d).  TMEP section 704.01.

 

STATE OF INCORPORATION

 

The applicant must indicate its state of incorporation.  37 C.F.R. §2.32(a)(3)(ii); TMEP §§803.03(c) and 803.04.

 

DISCLAIMER

 

The applicant must disclaim the descriptive wording “CARD” apart from the mark as shown. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.03(a).  The wording is merely descriptive because it describes a feature of applicant’s goods.

 

A properly worded disclaimer should read as follows:

 

No claim is made to the exclusive right to use CARD apart from the mark as shown.

 

IDENTIFICATION OF GOODS

 

The identification of goods is unacceptable as indefinite, overly broad and misclassified for some of the listed goods.  TMEP §1402.01.  The applicant may adopt the following identification, if accurate.  Suggested supplemental language is in bold print.

 

“Crafts materials, namely, Paints for arts and crafts” in International Class 2;

 

“Cards [indicate specific type of card, e.g., Announcement cards, Christmas cards. NOTE: except keno, bingo and playing cards are found in Class 28 and magnetically coded cards are found in Class 009], envelopes, stationery, crafts materials, namely, [specify, e.g., Arts and craft paint kits; Craft paper], ribbons, miniatures, namely, [specify, e.g., Gift cards]; stickers, sayings, namely, [specify, e.g., Bumper stickers]; decorative accents and embellishments, namely, [specify, e.g., Decorative paper centerpieces; Decorative pencil-top ornaments]” in International Class 16;

 

“Crafts materials, namely, Sheets of polypropylene netting used for craft purposes” in International Class 22;

 

“Crafts materials, namely, Hobby craft sets for [indicate specific use]; “Miniatures, namely, Stuffed toys” in International Class 28; and/or

 

“Dried flowers” in International Class 31.

 

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 may be classified in several international classes.  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).  To date, applicant has paid $325.00 in filing fees.

 

If the applicant adopts the suggested amendment to the identification of goods, the applicant must amend the classification to include International Classes 2, 22, 28 and 31.  37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§1401 et seq.

 

If the applicant prosecutes this application as a combined, or multiple‑class, application based on use in commerce under Trademark Act Section 1(a), 15 U.S.C. §1051(a), the applicant must comply with each of the following:

 

(1)  The applicant must specifically identify the goods in each class and list the goods 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(b); 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.  

 

(3)  The applicant must submit: 

 

(a) dates of first use and first use in commerce and one specimen for each class that includes goods or services based on use in commerce under Trademark Act Section 1(a).  The dates of use must be at least as early as the filing date of this application, 37 C.F.R. §§2.34(a)(1) and 2.86(a), and the specimen(s) must have been in use in commerce at least as early as the filing date of the application, and/or

 

(b) a statement of a bona fide intention to use the mark in commerce on or in connection with all the goods or services specified in each class that includes goods or services based on a bona fide intention to use the mark in commerce under Trademark Act Section 1(b), where such statement was not included for the goods or services in the original application.

 

(4)      The applicant must submit an affidavit or a declaration under 37 C.F.R. §2.20 signed by the applicant to verify (3) above.  37 C.F.R. §§2.59(a) and 2.71(c).

 

SPECIMENS

 

If the applicant adopts the suggested amendment to the identification of goods to include International Classes 2, 22, 28 and 31, the current specimen does not show use of the mark for any goods in Classes 2, 22, 28 and 31.  The applicant must submit a specimen showing use of the mark for the goods/services specified.  37 C.F.R. §2.56; TMEP §904.  The applicant must verify, with an affidavit or a declaration under 37 C.F.R. §2.20, that the substitute specimen was in use in commerce at least as early as the filing date of the application.  37 C.F.R. §2.59(a); TMEP §904.09.

 

No set form is required for response to this Office action.  The applicant must respond to each point raised.  The applicant should simply set forth the required changes or statements and request that the Office enter them.  The applicant must sign the response.  In addition to the identifying information required at the beginning of this letter, the applicant should provide a telephone number to speed up further processing.

If the applicant has any questions or needs assistance in responding to this Office action,

please telephone the assigned examining attorney.

 

 

/Barbara Rutland/

Barbara Rutland

Examining Attorney

Law Office 105

(703) 308-9105 ext. 184

(703) 872-9825 fax

ecom105@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.