UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/461510
APPLICANT: ANCC Inc., USA
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CORRESPONDENT ADDRESS: DAVID LEE 108 N. YNEZ AVE., SUITE 128 MONTEREY PARK, CA 91754
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom106@uspto.gov
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MARK: NCC
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CORRESPONDENT’S REFERENCE/DOCKET NO: UST9889A-ANC
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 76/461510
The assigned examining attorney has reviewed the referenced application and determined the following.
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. §1052(d). TMEP §704.02.
The applicant must respond to the following informalities.
The identification of goods is unacceptable as indefinite, and some goods are misclassified. TMEP §1402.01. TMEP §§805 and 1401 et seq. The indefinite goods are listed below, followed by proposed language and appropriate classification. The applicant may adopt the following identification, if accurate:
Candles for Christmas trees – Candles for Christmas trees in IC 004.
Toys and dolls, namely, masks - Toys and dolls, namely, face masks, in IC 028.
Metal toys – Metal toys, namely, [indicate the type of toy, e.g., toy vehicles, toy soldiers], in IC 028.
Practical jokes (novelties) - The applicant must describe the toys by the common commercial name. Jokes are not generally considered “toys.”
Bamboo toys – bamboo toys, namely, [indicate the type of toy, e.g., toy dolls, toy airplanes], in IC 028
Rattles (playthings) – baby rattles, in IC 028.
Remote controlled toys – remote controlled toys, namely, [indicate the kind of toy, e.g., robots, toy vehicles, toy airplanes], in IC 028.
Mobiles – Toy mobiles, crib mobiles or mobiles for children, in IC 028.
Wooden toys - [indicate the type of toy, e.g., toy soldiers, toy airplanes], in IC 028.
Set toys – toys sold together in sets, namely, [indicate the type of toy set, e.g., toy farms with barns, animals and fencing], in IC 028.
Walkers for children – walkers for infants, in IC 028. Note that walkers for medical purposes are classified in IC 010.
Miniature cars – miniature toy cars, in IC 028.
Tricycles for baby – tricycles, in IC 012, or ride-on toys for babies, namely tricycles, in IC 028.
Playing balls building blocks – suggest comma between “playing balls,” and “toy building blocks,” in IC 028.
Scooters (toy) – toy scooters, in IC 028.
Discuses (toy) – toy discuses, in IC 028.
Doll’s rooms – doll house rooms, in IC 028.
Paper toys – Toys made of paper, namely, [indicate the type of toy, e.g., paper dolls, toy airplanes], in IC 028.
Diamond game sets – game sets for [indicate the type of game, e.g., for action games, board games], in IC 028.
Remote controlled game equipments (excluding equipments attached to television) - Video game interactive hand held remote controls for playing electronic games, in IC 009.
Conjuring apparatus – the applicant must identify the goods by the common commercial name and classify the goods accordingly. The identification is so indefinite as to fail to “conjure” any particular goods intended by the applicant, unless the applicant intends “decorative crystal balls”, in IC 021, or “toy crystal balls” in IC 028.
Slot machines – slot machines, in IC 009.
Cups for dice – cups for dice games, in IC 028.
Toy tops – toy spinning tops, in IC 028.
Sports equipment – sports equipment, namely, [Indicate the specific goods by the common commercial name for the goods, e.g., skateboards, baseballs], in IC 028.
Accessories for swordsmanship – accessories for swordsmanship, namely, indicate the goods by the common commercial name for the goods, e.g., swordsmanship masks, in IC 028.
Swordsmanship wooden swords; swordsmanship swords of bamboo – side arms not including firearms, namely swords of wood and bamboo, in IC 008; or, toy swordsmanship swords of wood and bamboo, in IC 028.
Pistols for sport – [Indicate the type, e.g., air, automatic] pistols for sport, in IC 013.
Club – golf clubs, in IC 028. (Note that applicant includes “clubs” twice. It should be deleted where it follows “golf gloves.”)
Targets – [indicate the type, e.g., archery, firearms] targets, in IC 028.
Swings – swing sets, in IC 028.
Dumbbell shafts – dumbbells, in IC 028; or dumbbell sets, in IC 028.
Rackets – indicate the type, e.g., badminton, tennis, squash] rackets, in IC 028.
Gloves for rackets – gloves for use with rackets games, in IC 028.
Strings for rackets – strings for [indicate the type, e.g., badminton, racquetball] rackets, in IC 028.
Running machines, rowing machines – exercise equipment, namely, powered running machines, and rowing machines, in IC 028.
Wooden horses – toy wooden horses, in IC 028.
Knee guards – knee guards for athletic use, in IC 028.
Slides – Playground equipment, namely, slides, in IC 028.
Belt vibrators – exercise equipment, namely belt vibrators for physical fitness purposes, in IC 028.
Abdominal belts – abdominal belts, in IC 010.
Mouth-pieces for boxing – athletic equipment, namely, mouth pieces for boxing, in IC 028.
Bandages for boxing – bandages for boxing in IC 010.
Bowling apparatus and machinery – bowling apparatus and machinery, namely [indicate the type of machine, e.g., bowling ball returns, bowling ball polishing machines, bowling pin setters], in IC 007.
Ninepins – bowling pins, in IC 028.
Cycling gloves – cycling gloves, in IC 025.
Supporters – athletic supporters, in IC 028.
Squashes – squash [indicate the goods, e.g., rackets, balls], in IC 028.
Edges of skis – not recognized as goods in trade. Must be deleted from the identification.
Ski sacs, ski cases – carriers for skis, namely, ski sacks and ski cases, in IC 028.
Starting blocks – starting blocks for sports, in IC 028.
Sleighs (sports articles) – snow sleds for recreational use, in IC 028.
Spring boards - swimming boards for recreational use, namely, spring boards, in IC 028.
Pommel horses – gymnastic equipment, namely, pommel horses, in IC 028.
Baseball bet cases – baseball bat cases, in IC 028.
Gloves for baseball betting - Gloves for baseball batting, in IC 028.
Baseball helmets – baseball batting helmets, in IC 009.
Chest protectors for baseball – baseball umpire protective equipment, namely, chest protectors, in IC 028.
Wes tern bows – archery equipment, namely western bows, in IC 028.
X-bands – exercise bands, namely x-bands, in IC 028.
Gloves for weight nets for sports - gloves for weight lifting; nets for [indicate the use, e.g., basketball, racquetball], in IC 028.
Climbing ropes – rope for climbing, in IC 022.
Exercise (expanders) – exercise equipment, namely, expanders, in IC 028.
Crossbars for field game – track and field equipment, namely, crossbars, in IC 028.
Circles for field game – throwing circles for javelin games, in IC 028.
Shots for field game – Iron shots specifically for use in the shot put competition, in IC 028.
Assembly swimming pools – swimming pools are classified by the material of composition. The applicant is encouraged to reference the goods and services manual for acceptable nomenclature and classification. (See the reference for the online reference below.)
Skipping pores – skipping ropes, in IC 028.
Horizontal bars, benches for developing physical strength, gymnastic spring boards, vaulting boxes for gymnastic use, gymnastic rings, chinning bars – gymnastic equipment, namely, horizontal bars, benches for developing physical strength, gymnastic spring boards, vaulting boxes for gymnastic use, gymnastic rings, and chinning bars, in IC 028.
Foot balls – footballs, in IC 028.
Karabiners – mountaineering equipment, namely carabiners, in IC 028.
Caddy bags – golf caddy bags, in IC 028.
Clay pigeon (targets) – clay pigeon targets, in IC 028.
Ping-pong balls, ping-pong nets, ping-pong tables, ping-pong rackets, ping-pong cases – The wording PING-PONG® is a registered trademark, and cannot be used to identify goods. The applicant must replace “Ping-pong” with the wording “table tennis.”
Trampoline – exercise trampoline, in IC 028.
Punching balls – punching toys, in IC 028; or punching bags, in IC 028.
Fencing masks, protectors for fencing - fencing equipment, namely masks and protective padding for fencing, in IC 028.
Sticks – hockey sticks, in IC 028.
Protectors for hockey – athletic equipment, namely protective pads for hockey, in IC 028.
Hurdles – field athletic equipment, namely, hurdles, in IC 028.
Underwater breathing tubes – underwater breathing tubes, in IC 009.
Home bases – home bases for use in baseball, in IC 028.
Arrows, quivers, bows bow strings – archery equipment, namely arrows, quivers, bows, and bow strings, in IC 028.
Fishing tackle, namely fishing troll – it is not clear what is meant by “troll”, perhaps, “fishing tackle, namely, fishing lures, in IC 028.”
Nets for anglers – commercial fishing nets, in IC 022; hand held fishing nets for sportsmen, in IC 028. (Note that “fishing nets” is included twice in the identification. Please delete the second reference to the goods.)
Artificial fishing baits – artificial fishing bait, namely, lures, in IC 028.
Creels (fishing equipment) – fishing creels, in IC 028.
Fishing chairs – fishing chairs in IC 020.
Bite indicators (fishing tackle) – fishing tackle bite indicators, in IC 028.
Please note that the applicant may not use ( ), { }, [ ] or slashes in the identification of goods.
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.
For additional information regarding acceptable identifications, the Trademark Manual of Acceptable Identifications and Classifications for Goods and Services is accessible on the world wide web at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual.
If the applicant adopts the suggested amendments to the identification of goods, the applicant must amend the classification to the appropriate International Classes, and/or amend to add additional classes. 37 C.F.R. Sections 2.32(a)(7) and 2.85; TMEP §§805 and 1401 et seq.
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).
Requirements for a Multiple Class 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 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 not covered by the fee already paid. 37 C.F.R. §§2.6(a)(1) and 2.86(a); 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.
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.
/Linda A. Powell/
Trademark Examining Attorney
Law Office 106
ecom106@uspto.gov
(703) 308-9106 ext. 259
(703) 746-8106 Fax
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.