Offc Action Outgoing

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  76/473292

 

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.   Nevertheless, the applicant must respond to the following issues. 

 

 

IDENTIFICATION AND CLASSIFICATION OF GOODS

 

The identification of goods is unacceptable as indefinite.  Moreover, the items listed identify goods that may be properly classified into more than one international class.  Therefore, the applicant may amend the identification to substitute any or all of the following if accurate:

 

International Class 3; Household cleaning preparations for cleaning spindles and slicers:

 

International Class 5; First aid kits for food poisoning accidents; adhesive bandages; bandages for skin wounds; sanitizers for household use, namely, sanitizing mop stations consisting primarily of sanitizers for household use; sanitizers for institutional use, namely, sanitizing mop stations consisting primarily of sanitizers for institutional use;

 

 

International Class 6; General purpose metal storage containers;

 

International Class 8; Tableware retrievers for use in recovering items from tight locations, namely, hand tools in the nature of tongs;

 

International Class 9; Protective clothing:

 

International Class 11; Household air cleaners for refrigerators;  Refrigerated beverage dispensing units; dispensing units for air fresheners; plumbing supplies, namely, sink strainers in the nature of disposal guards;

 

International Class 16; Storage containers made of paper; cardboard storage containers; place mats made of paper;

 

International Class 20; Storage containers made of plastic; non-metal storage containers;

 

International Class 21; Portable plastic storage containers for storing household and kitchen goods;  Household utensils, namely, food serving pans, pitchers; soap dispensers, portable beverage dispensers; dispensers for paper towels, cups, napkins, straws and food wrapping material; non refrigerated food condiment dispensers; cutting boards, ice pails, ice scoops, funnels, food wrap dispensers, pails, rolling pins; nail brushes; plastic household gloves and dispensers for paper gloves;  plastic guards for sinks, namely, a household strainer utensil for use in preventing kitchen and household utensils from being damaged by the disposal; baking sheets; spatulas; dish drying racks; crockery, namely, earthenware basins and mugs; serving tongs;

 

International Class 24; Plastic placemats;  vinyl place mats; table linen, namely, place mats; fabric table runners;

 

International Class 25; Gloves;

 

International Class 27; Carpet door mats, carpet floor mats not for vehicles; carpet runners;

 

To the extent the suggested identification is incomplete or inaccurate, the applicant is further advised that the Trademark Acceptable Identification of Goods and Services Manual is accessible via the PTO website at http://www.uspto.gov under the heading Trademark Manuals in the Trademark index page.

 

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.

 

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).

 

SPECIMEN 

 

The specimen is unacceptable as evidence of actual trademark use because it appears to be a brochure (or the cover of a brochure) in the nature of advertising and promotional materials.  Invoices, announcements, order forms, bills of lading, leaflets, brochures, publicity releases and other printed advertising material generally are not acceptable specimens.  In re Bright of America, Inc., 205 USPQ 63 (TTAB 1979); TMEP §§904.05 and 904.07.  See In re Ultraflight Inc., 221 USPQ 903 (TTAB 1984).  The applicant must submit a specimen showing the mark as it is used in commerce.  37 C.F.R. §2.56.  Examples of acceptable specimens are tags, labels, instruction manuals, containers, and photographs that show the mark on the goods or packaging.  TMEP §§904.04 et seq.  The applicant must verify, with an affidavit or a declaration under 37 C.F.R. §2.20, that the substitute specimen was in use in commerce at least as early as the filing date of the application.  37 C.F.R. §2.59(a); TMEP §904.09.

 

Please feel free to contact the undersigned attorney if you wish to discuss this application.

 

 

 

John S. Yard

Trademark Examining Attorney

Law Office 115

(703) 308-9115 x209

 

 

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.