UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/468372
APPLICANT: Dennis Felix
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CORRESPONDENT ADDRESS: ARTHUR J. JACOBS JACOBS, DEBRAUWERE & DEHN LLP 445 PARK AVENUE NEW YORK, NEW YORK 10022
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom111@uspto.gov
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MARK: MAXIM
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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 76/468372
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. Section 1052(d). TMEP section 704.02. However, please note the following issues/requirements.
Identification of Goods – Indefinite
The identification of goods is unacceptable as indefinite because the nature of the goods is not clear as presented. The applicant may adopt the following identification, if accurate: Candy, chocolate, and confectionery, namely, … (the applicant must indicate the common commercial names of the goods, e.g., peanut brittle, caramels, white chocolate, etc.) …, in International Class 30. 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. §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.
PLEASE NOTE: All of the issues raised can be resolved by telephone. The applicant may telephone the examining attorney, instead of submitting a written response, to expedite the application.
Further action awaits response to the above.
/Mrs. W. K. H. Price, Esq./
Trademark Attorney
Law Office 111
(703) 308-9111, ext. 426
ecom111@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.