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  76/455511

 

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

 

Prior Conflicting Application

 

Although the examining attorney has searched the Office records and has found no similar registered mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d), the examining attorney encloses information regarding pending Application Serial No. 75-929462.  37 C.F.R. Section 2.83. 

 

There may be a likelihood of confusion between the applicant's mark and the mark in the above noted application under Section 2(d) of the Act.  The filing date of the referenced application precedes the applicant's filing date.  If the earlier‑filed application matures into a registration, the examining attorney may refuse registration under Section 2(d).

 

Identification of Goods or Services

 

The identification of goods is unacceptable as indefinite because it is not clear whether the applicant is seeking goods or services  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.  TMEP §1402.01.

 

Clothing, namely, t-shirts and hats.  International Class 25.

 

Wholesale distributorships featuring clothing.  International Class 35.

 

Improper Classification

 

The applicant has classified the goods and services incorrectly.  The applicant must amend the application to classify the goods and services in International Classes 25 and 35.  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 107

(703) 308-9107  ext. 180

ecom107@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.

Mark
        CANOE CONVOY
Goods and Services
        IC 025. US 022 039. G & S: Clothing, namely T-shirts, hats, sweatshirts, sweatpants, shorts and socks
Mark Drawing Code
        (1) TYPED DRAWING
Serial Number
        75929462
Filing Date
        February 28, 2000
Filed ITU
        FILED AS ITU
Publication for Opposition Date
        October 24, 2000
Owner Name and Address
        (APPLICANT) PALLOTTA TEAMWORKS CORPORATION CALIFORNIA 1525 Crossroads of the World Los Angeles CALIFORNIA 90028
Type of Mark
        TRADEMARK
Register
        PRINCIPAL
Live Dead Indicator
        LIVE
Attorney of Record
        David D. Wexler