UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/463171
APPLICANT: SAN FRANCISCO SALES, INC.
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CORRESPONDENT ADDRESS: GAYLE J. CHAN LAW OFFICES OF GAYLE J. CHAN 233 SANSOME STREET. SUITE 500 SAN FRANCISCO, CALIFORNIA 94104
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom108@uspto.gov
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MARK: SFS
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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 76/463171
The assigned examining attorney has reviewed the referenced application and determined the following.
The identification of goods is unacceptable as indefinite. 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 section 804.
The applicant must clarify the identification of goods by changing it to read: apparel and garment accessories, namely, ladies' knitted sweaters, tee-shirts, cardigans, pullovers, dresses, skirts, pants, scarves, gloves, socks, shorts and stirrup pants. TMEP §1402.01.
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(a); 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.
A SEARCH OF THE OFFICE RECORDS REVEALED A CONFUSINGLY SIMILAR PRIOR PENDING MARK
The examining attorney has searched the Office records and has found no similar registered mark which bars registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d). TMEP section 1105.01. Please note that the examining attorney has found a potentially conflicting pending application.
The examining attorney encloses information regarding pending Application Serial No. 76-034505. The filing date of the referenced application precedes the applicant's filing date. There may be a likelihood of confusion between the two marks under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d). If the referenced application matures into a registration, the examining attorney may refuse registration in this case under Section 2(d). 37 C.F.R. Section 2.83; TMEP section 1208.01.
/Robert Clark/
Trademark Attorney
Law Office 108
703-308-9108 est. 162
Fax: 703-703-746-8108
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.