UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/480777
APPLICANT: Changsha Cigarette Factory
|
|
CORRESPONDENT ADDRESS: JAMES M. SLATTERY BIRCH, STEWART, KOLASCH & BIRCH, LLP P.O. BOX 747 FALLS CHURCH, VIRGINIA 22040-0747
|
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom105@uspto.gov
|
MARK: NISE
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: 3707-0107T
CORRESPONDENT EMAIL ADDRESS:
|
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.
|
Serial Number 76/480777
The assigned examining attorney has reviewed the referenced application and determined the following.
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.
Multiple Classification
If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following.
(1) The applicant must 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 not covered by the fee already paid. 37 C.F.R. §§2.6(a)(1) and 2.86(a); 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.
Identification
The identification of goods is unacceptable as indefinite. The applicant may adopt the following identification, if accurate: tobacco; cigarettes; cigarette cases, not of precious metal; ashtrays, not of precious metal; mouthpieces not of precious metal for cigarette holders; match boxes, not of precious metal; cigarette filters; cigarette paper; lighters, not of precious metal for smokers; tobacco pipes. TMEP §1402.01.
For assistance regarding an acceptable listing of goods and/or services, please see the on‑line searchable Manual of Acceptable Identifications of Goods and Services, at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/.
Translation
The applicant must submit an English translation of the mark. If the mark is a transliteration of foreign characters or is foreign wording, the applicant must provide the translation. E.g., The mark is a transliteration of a foreign characters that translate to mean[specify the meaning]. 37 C.F.R. §2.61(b); TMEP §809.
Cited Pending
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. 76/449689. 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).
/Fred Mandir/
Examining Attorney
Law Office 105
(703) 308-9105 ext. 151
(703) 872-9825 (fax)
ecom105@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.