UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/458924
APPLICANT: Recot, Inc.
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CORRESPONDENT ADDRESS: KELLY MAHON TULLIER MAIL DROP 3A 320 7701 LEGACY DR PLANO TX 75024-4002
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom108@uspto.gov
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MARK: FRITO LAY
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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 76/458924
The assigned examining attorney has reviewed the referenced application and determined the following.
I. OFFICE RECORDS
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 1105.01.
II. FEES PAID PER CLASS
The application identifies goods that may be classified in more than more than three international classes. Effective January 1, 2003, the filing fee is $335.00 for each class. 37 C.F.R. Section 2.6(a)(1). Therefore, the applicant must either: (1) restrict the application to the number of classes covered by the fee already paid, or (2) pay the required fee for each additional class. 37 C.F.R. Section 2.86(b); TMEP sections 810.01 and 1113.01.
III. IDENTIFICATION OF GOODS
The identification of goods is unacceptable as indefinite. TMEP section 804. The applicant may adopt the following identification, if accurate:
IN INTERNATIONAL CLASS 8; UTILITY KNIVES.
IN INTERNATIONAL CLASS 18; ALL-PURPOSE SPORT BAGS, DUFFLE BAGS, BACKPACKS, UMBRELLAS, BRIEFCASES, LUGGAGE TAGS, AND LEATHER KEY CHAINS.
IN INTERNATIONAL CLASS 25; CLOTHING, NAMELY, SHIRTS, HATS, JACKETS, FLEECE PULLOVERS, AND SWEATSHIRTS.
IN INTERNATIONAL CLASS 28; STRESS TOYS, NAMELY, STRESS RELIEF BALLS FOR HAND EXERCISE; SPORTING GOODS, NAMELY, GOLF BALLS AND GOLF BAGS.
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. Section 2.71(b); TMEP section 804.09. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.
IV. CONCLUSION
All of the issues raised can be resolved by telephone. Accordingly, the applicant may telephone the examining attorney, instead of submitting a written response, to expedite the application.
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Nicholas K.D. Altree
Trademark Attorney
Law Office 108
(703) 308-9108, ext. 132
Fax: (703) 746-8108
nick.altree@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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.