UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/471419

 

The assigned examining attorney has reviewed the referenced application and determined the following:

 

Potential Likelihood of Confusion

Although the examining attorney has searched the Office records and has found no similar registered mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d), the examining attorney encloses information regarding pending Application Serial No. 78/156936.  37 C.F.R. §2.83. 

 

There may be a likelihood of confusion between the applicant’s mark and the mark in the above noted application under Section 2(d) of the Act.  The filing date of the referenced application precedes the applicant’s filing date.  If the earlier‑filed application matures into a registration, the examining attorney may refuse registration under Section 2(d).

 

 

 

 

Recitation of Services Indefinite/Classification Incorrect

The recitation of services is unacceptable as indefinite.  Moreover, the applicant has not correctly classified these services.  The applicant must amend the recitation to indicate the nature of the services and their particular field as indicated.  TMEP §1402.11.

 

Sales - the wording “sales” in the recitation of services is unacceptable.  “Sales” is not and acceptable service because it is not considered a service that is rendered for the benefit of others.  TMEP section 1402.11.  The applicant may adopt the following identification, if accurate: 

 

The applicant may amend the wording to the following recitations, if accurate:

 

-         Retail stores featuring men’s clothing; computerized online retail services featuring men’s clothing, in International Class 35.

 

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 services that are not within the scope of the services recited in the present identification.

 

Translation Required

The applicant must submit an English translation of all foreign wording in the mark.  37 C.F.R. §2.61(b); TMEP §809.  In the instant case, the term AUDACE appears to be an Italian term meaning “audacious.”  See attached translation.

 

Fee increase effective January 1, 2003 

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 accord a filing date to 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 for classes added on or after January 1, 2003.

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

 

 

/Michael Kazazian/

Trademark Examining Attorney

Law Office 113

(703) 308-9113 ext. 207

ecom113@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.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.

 

Mark
        AUDACIOUS APPAREL
Goods and Services
        IC 025. US 022 039. G & S: Devices designed specifically to give shape and bodily attachment to garments and garments made using these devices in headdresses and in men's and women's swimwear and underwear.
Mark Drawing Code
        (1) TYPED DRAWING
Serial Number
        78156936
Filing Date
        August 22, 2002
Filed ITU
        FILED AS ITU
Owner Name and Address
        (APPLICANT) John M. Goodman INDIVIDUAL UNITED STATES 9472 Central Ave. Garden Grove CALIFORNIA 928441505
Type of Mark
        TRADEMARK
Register
        PRINCIPAL
Live Dead Indicator
        LIVE