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  76/479044

 

This Office Action is written in response to the applicant’s letter filed on November 26, 2003.  The examining attorney has reviewed the response and determined the following:

 

The specimens and supporting declaration are accepted.

 

The applicant’s identification of goods in International Class 28 remains unacceptable, however, and the requirement of an amended identification is made FINAL.

 

Identification of Goods International Class 28 – Final Requirement

 

The proposed amendment to the identification cannot be accepted because the wording "ice hockey blade holders" refers to goods and/or services that are not within the scope of the identification that was set forth in the application at the time of filing.  While the identification of goods and/or services may be amended to clarify or limit the goods and/or services, additions to the identification or a broadening of the scope of the identification are not permitted.  37 C.F.R. §2.71(a); TMEP §§1402.06 et seq. and 1402.07.  Therefore, this wording should be deleted from the identification.

 

Conclusion

 

The applicant’s identification of goods remains unacceptable.  Accordingly, the requirement is maintained and made FINAL.

 

Partial Abandonment Advisory

 

If applicant should fail to respond to this Final Office action within the six month time limit, then the following goods and/or services will be deleted from the application:  ice hockey blade holders.  The application will then proceed forward for the remaining goods.  37 C.F.R. §2.65(a).

 

Applicant’s Response

 

Please note that the only appropriate responses to a final action are either (1) compliance with the outstanding requirements, if feasible, or (2) filing of an appeal to the Trademark Trial and Appeal Board.  37 C.F.R. §2.64(a).  If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application abandoned.  37 C.F.R. §2.65(a).

 

/wgb/

William Breckenfeld

Trademark Attorney

Law Office 113

703-308-9113 x158

703-746-8113 Fax

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.