UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/485618
APPLICANT: Mandom Corporation
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CORRESPONDENT ADDRESS: KAUSHAL R ODEDRA, ESQ. WENDEROTH, LIND & PONACK, L.L.P. 2033 K STREET, N.W., SUITE 800 WASHINGTON, D.C. 20006-1021
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom110@uspto.gov
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MARK: MIRATONE
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CORRESPONDENT’S REFERENCE/DOCKET NO: TM03 007/KRO
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 76/485618
The Office has reassigned this application to the undersigned examining attorney.
The applicant’s response to the first office action was received and entered into the record. The examining attorney spoke with the attorney of record about amending the identification. The attorney indicated that because it was a foreign client, he would prefer a final office action. The examining attorney does not accept “aromatics” for the reasons outlined below and makes it FINAL.
The applicant originally came in for the wording “aromatics”. The examining attorney required the applicant to clarify the wording and suggested “aromatherapy oils”. The applicant amended the identification to “aromatics, namely, aromatic substance, aromatic oil, aromatic water”. The wording “aromatic substance” is still too broad as it could contain goods in other classes. The applicant may amend this wording to “aromatics, namely, aromatherapy creams, aromatherapy oils, aromatherapy water”, if accurate. TMEP section 1402. The remainder of the wording in the identification of goods is acceptable as amended. The examining attorney continues the requirement to submit an acceptable identification of goods and makes it FINAL.
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 or services that are not within the scope of the goods and services recited in the present identification.
Options
Please note that the only appropriate responses to a final refusal 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. Section 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. Section 2.65(a).
/Virginia T. Isaacson/
Trademark Attorney
Law Office 110
(703) 308-9110 x233
(703) 746-6241 [fax]
ecom110@uspto.gov (for formal responses)
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.