UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/483437
APPLICANT: The University of Southern Mississippi
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CORRESPONDENT ADDRESS: J. T. MARTIN 1700 H STREET, N.W. WASHINGTON, DC 20006
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom105@uspto.gov
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MARK:
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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 76/483437
The assigned examining attorney has reviewed the referenced application and determined the following.
Search Results
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.
Identification and Classification of Goods
The identification of goods is indefinite in part and many of the goods fall into other international classes. The following are suggested identifications. The applicant may adopt any that are acceptable. Some goods fall into more than one class depending upon material composition. The examining attorney has listed these goods in all the applicable classes by material composition.
International Class 6: Metal car tags, metal key chains, metal money clips, metal key rings, metal mailboxes
International Class 9: Electric, luminous, neon, and mechanical yard signs, telephones, magnets, radios hung on ropes, hockey, safety, and bicycle helmets [type of helmet must be stated]
International Class 16: Bumper stickers, window decals, paper car flags, bank checks, paper banners, paper pennants, pen sets, pencils, greeting cards, post cards, graduation announcements, paper weights, stationery, binders, note books, and stationery-type portfolios
International Class 14: Clocks, precious metal money clips, watches, jewelry, namely, class rings, ornamental lapel pins
International Class 18: Umbrellas, backpacks, wallets, brief-case type portfolios
International Class 20: Pillows, diploma frames, picture frames, stadium seats, plastic banners, non-metal key chains, plastic car flags, non-metal money clips, non-metal mailboxes, plastic and non-metal key rings, plastic pennants, non-metal car tags
International Class 21: Plastic beverage containers, mugs, glass beverage containers, ice buckets, salt and pepper shakers, birdhouses, pottery dinnerware, insulated sleeve holders for beverage cans [the use of “koozies” by applicant is unacceptable]
International Class 24: Afgans, towels, knit stadium blankets, cloth and felt pennants, cloth banners
International Class 25: T-shirts, polo shirts, sweaters, jerseys, wind suits, warm-up suits, rainwear, sleepwear, lingerie, neckwear, infant apparel, baseball caps, headwear, socks, outwear, namely, [list specific items, e.g. coats], youth apparel, namely, [list specific items, e.g. shirts, pants], gloves, ties, golf shoes
International Class 27: Doormats
International Class 28: Footballs, basketballs, golf balls, golf bags, golf clubs, Christmas tree ornaments, plush toy mascots, balloons, beanbags, stuffed toys
International Class 32: Bottled drinking water
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.
Combined Applications
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.
Drawing
The drawing is not acceptable because it will not reproduce satisfactorily. The outline of the bird head and the color lining does not reproduce in solid, clear, black lines. The applicant must submit a new drawing showing the mark clearly and conforming to 37 C.F.R. §2.52. TMEP §807.07(a).
The requirements for a special‑form drawing are as follows:
(1) The drawing must appear in black and white; no color is permitted.
(2) Every line and letter must be black and clear.
(3) The use of gray to indicate shading is unacceptable.
(4) The lining must not be too fine or too close together.
(5) The preferred size of the area in which the mark is displayed is 2½ inches (6.1 cm.) high and 2½ inches (6.1 cm.) wide. It should not be larger than 4 inches (10.3 cm.) high or 4 inches (10.3 cm.) wide.
(6) If the reduction of the mark to the required size renders any details illegible, the applicant may insert a statement in the application to describe the mark and these details.
37 C.F.R. §2.52; TMEP §§807.01(b) and 807.07(a). The Office will enforce these drawing requirements strictly.
The Office prefers that the drawing be depicted on a separate sheet of smooth, nonshiny, white paper 8 to 8½ inches (20.3 to 21.6 cm.) wide and 11 inches (27.9 cm.) long, and that the sheet contain a heading listing, on separate lines, the applicant’s complete name; the applicant’s address; the goods or services recited in the application; and, if the application is filed under Section 1(a) of the Act, the dates of first use of the mark and of first use of the mark in commerce; or, if the application is filed under Section 44(d), the priority filing date of the foreign application. 37 C.F.R. §2.52(b); TMEP §§807.01(a), 807.01(b), 807.01(c) and 807.07(a).
As of October 30, 1999, the Office no longer requires the use of lining to indicate color. The Office will continue to accept drawings that show color by using the color linings formerly shown in 37 C.F.R. §2.52(e). TMEP §807.09(b). However, the applicant also has the option of identifying color in the mark by providing a clear and specific description of the color and where it appears in the mark. If the applicant wishes to delete the lining from the mark, the applicant must submit a new black-and-white drawing of the mark that meets the requirements of 37 C.F.R. §2.52(a)(2)(i), along with a description of what the color is and where the color appears in the mark. 37 C.F.R. §2.52(a)(2)(v); TMEP §807.09(c).
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
Fee Increase
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.
Sincerely,
/Jean H. Im/
Trademark Attorney
Law Office 105
(703) 308-9105, ext. 170
(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.