UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/463280
APPLICANT: Josie Accessories, Inc.
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CORRESPONDENT ADDRESS: MICHAEL A. CORNMAN SCHWEITZER CORNMAN GROSS & BONDELL LLP 292 MADISON AVENUE, 19TH FLOOR NEW YORK, NEW YORK 10017
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom108@uspto.gov
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MARK: NEWBRIDGE
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CORRESPONDENT’S REFERENCE/DOCKET NO: 0016-010TMAC
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 76/463280
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.
Before the application can proceed in the registration process, applicant must respond to the following requirements.
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).
If the applicant prosecutes this application as a combined, or multiple‑class, application based on use in commerce under Trademark Act Section 1(a), 15 U.S.C. §1051(a), the applicant must comply with each of the following:
(1) The applicant must specifically identify the goods in each class and 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/services not covered by the fee already paid. 37 C.F.R. §§2.6(a)(1) and 2.86(b); 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.
(3) The applicant must submit:
(a) dates of first use and first use in commerce and one specimen for each class that includes goods or services based on use in commerce under Trademark Act Section 1(a). The dates of use must be at least as early as the filing date of this application, 37 C.F.R. §§2.34(a)(1) and 2.86(a), and the specimen(s) must have been in use in commerce at least as early as the filing date of the application, and/or
(b) a statement of a bona fide intention to use the mark in commerce on or in connection with all the goods or services specified in each class that includes goods or services based on a bona fide intention to use the mark in commerce under Trademark Act Section 1(b), where such statement was not included for the goods or services in the original application.
(4) The applicant must submit an affidavit or a declaration under 37 C.F.R. §2.20 signed by the applicant to verify (3) above. 37 C.F.R. §§2.59(a) and 2.71(c).
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 may adopt one or more of the following amended identifications of goods, if accurate:
Applicant must comply with all of the aforementioned steps for adding a class of goods or restrict the application accordingly.
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.
For future reference, please note that current status and status date information is available, via the World Wide Web, for all federal trademark registration and application records maintained in the automated Trademark Reporting and Monitoring (TRAM) system. The information may be accessed through the Office's web site at: http://tarr.uspto.gov. If additional information regarding the status of an application or registration is required, callers may telephone the Trademark Assistance Center at (703) 308-9000 and request a status check.
For inquiries or questions about this Office Action, please contact the assigned examining attorney.
/Monique C. Miller/
Trademark Examining Attorney
Law Office 108
(703) 308-9108 ext. 228
(703) 746-8108(FAX)
ecom108@uspto.gov
Increase in Trademark Filing Fee
Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class. The USPTO will not accept applications that are filed on or after that date that are not accompanied by a minimum of $335.00.
Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class.
A Final Rule amending the Rules of Practice in Trademark Cases to provide for this fee increase was published in the Federal Register on November 27, 2002 (67 Fed. Reg. 70,847 (2002)). http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2002/02-30086.htm>
Applicants may now file changes of correspondence via a new form on TEAS. Address changes may be performed on up to 20 cases at a time. The Trademark Office strongly encourages applicants to use this timesaving form, which is available online at: http://eteas.gov.uspto.report/V2.0/ca200/WIZARD.htm
INFORMATION CONCERNING ELECTRONIC RESPONSES
If the applicant chooses to send an official response to this Office action via e-mail (to ecom108@uspto.gov), the applicant is advised that the response must:
(1) be in English;
(2) include the entire response as e-mail text, not as an attachment;
(3) list the serial number in the "Subject" line; and
(4) include any specimens or evidence in jpg or gif format only.
For security and compatibility reasons, the Office will not accept communications that include any attachments, other than those in jpg or gif format. Thus, no attachments in WordPerfect®, Word, Adobe® PDF or any other format EXCEPT jpg or gif can be accepted.
Additionally, all such communications sent via e-mail should (1) be signed electronically (using the same format accepted for electronically-filed applications, namely, the signatory must enter any combination of alpha/numeric characters that has been specifically adopted to serve the function of the signature, preceded and followed by the forward slash (/) symbol. Acceptable "signatures" could include: /john doe/; /jd/; and /123-4567/. (See 64 FR 33056, 33062 (June 21, 1999))); and (2) address every issue raised. Failure to comply with these additional requirements will result in delays in prosecuting your application.
CHANGE OF ADDRESS FOR MAILING TRADEMARK CORRESPONDENCE
To expedite processing, the Office encourages parties to file documents through the Trademark Electronic Application System, at http://www.gov.uspto.report/teas/index.html, wherever possible.
Effective May 1, 2003, the mailing addresses for filing trademark-related documents on paper has changed. See notices at 68 FR 19371 (April 21, 2003) and 68 FR 14332 (March 25, 2003).
All trademark-related correspondence filed by mail, except for documents sent to the Assignment Services Division for recordation and requests for copies of trademark documents, should be addressed to:
Commissioner for Trademarks
2900 Crystal Drive
Arlington, Virginia 22202-3514
The mail box designations previously listed in TMEP §305.01 are no longer in use.
Requests to record documents in the Assignment Services Division can be filed electronically at http://etas.gov.uspto.report/. Paper documents and cover sheets to be recorded in the Assignment Services Division should be sent to:
Mail Stop Assignment Recordation Services
Director of the United States Patent and Trademark Office
P. O. Box 1450
Alexandria VA 22313-1450
Copies of trademark documents can be ordered through the Office’s website at http://www.uspto.gov. Requests for certified or uncertified copies of trademark documents filed on paper should be sent, with an authorization to charge the fee to a credit card or USPTO deposit account, to:
Mail Stop Document Services
Director of the United States Patent and Trademark Office
P. O. Box 1450, Alexandria VA 22313-1450
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.