UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/443108
APPLICANT: AUSTIN REED LTD.
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CORRESPONDENT ADDRESS: MARTIN P. HOFFMAN, ESQUIRE HOFFMAN, WASSON & GITLER 2361 JEFFERSON DAVIS HIGHWAY SUITE 522 ARLINGTON, VIRGINIA 22202
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom108@uspto.gov
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MARK: WRIGHT & PEEL
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CORRESPONDENT’S REFERENCE/DOCKET NO: T-8102
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 76/443108
This letter responds to the applicant's communication filed on February 26, 2003. The amended identification of goods has been entered into the record. The following requirements are continued and made FINAL.
Identification of Goods
The amended identification of goods remains unacceptable because it identifies several indefinite terms and goods in several international classes, e.g., sports gloves identifies diving http://atlas/netacgi/ - h2http://atlas/netacgi/ - h4gloves in IC 9 and batting gloves in IC 28. Therefore, the requirement to amend the identification of goods is continued and made FINAL.
Class 9 - Sports gloves, namely, diving gloves;
Class 25 - Clothing, namely, coats, jackets, jumpers, pullovers, leggings, [specify the "beach clothes" e.g., beach cover-ups], pajamas, bath robes, undergarments, dressing gowns, dresses, skirts, shirts, trousers, suits, waistcoats, tee-shirts, gloves; footwear, namely, sandals, slippers, boots, shoes, [specify what is meant by "trainers"], beach shoes; headgear, namely, caps, berets, bandannas, top hats; scarves, belts, ties; sportswear, namely, [specify the "bathing wear" e.g., bathing suits or bathing trunks] for men and women, sports jerseys, sports tee-shirts, track suits, sports socks, sports jackets, sport coats;
Class 28 - Sports gloves, namely, batting gloves.
Combined/Multiple Class Application
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).
Options
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; TMEP Chapter 1700 regarding petitions. 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).
Andrea D. Saunders
/Andrea D. Saunders/
Trademark Attorney
Law Office 108
(703) 308-9108 ext. 229
(703) 746-8108 (fax)
ecom108@uspto.gov (formal responses only)
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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.