UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/486631
APPLICANT: Dr. Ing. h.c. F. Porsche AG
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CORRESPONDENT ADDRESS: JANA L. FRANCE FISH & RICHARDSON P.C., P.A. 3300 DAIN RAUSCHER PLAZA 60 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom106@uspto.gov
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MARK: BOXSTER
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CORRESPONDENT’S REFERENCE/DOCKET NO: 11291/006002
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 76/486631
This letter responds to the applicant's communication filed on 01-22-04.
Misclassified Goods:
The applicant has classified some of the goods incorrectly. The applicant must amend the application to classify the goods in their correct International Classes. 37 C.F.R. Sections 2.32(a)(7) and 2.85; TMEP sections 805, 1301.06 and 1401.
Class 003:
Bath, body and beauty care products, namely bath, body and face powder, powder compacts, hair lotions, perfume, and cologne.
Class 008:
Non-electric can openers;
Class 009:
Measuring cups and spoons;
Class 021:
Small, hand-operated household and kitchen utensils, namely, spatulas, strainers, mincers, citrus presses, cookie and pancake molds, herb mills and wire baskets, fitted picnic baskets, domestic articles made of glass, porcelain and earthenware, namely commemorative plates, bowls, vases, flasks for perfume sold empty, and perfume sprayers namely, atomizers sold empty.
Recitation and Identification Amendment Advisory:
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. Section 2.71(a); TMEP section 804.09. Therefore, the applicant may not amend to include any goods/services 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, the applicant must comply with each of the following:
(1) The applicant must specifically identify the goods and services in each class and list the goods /services by international class with the classes listed in ascending numerical order. TMEP section 1113.01.
(2) 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.
(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. Sections 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).
The applicant must submit an affidavit or a declaration under 37 C.F.R. Section 2.20 signed by the applicant to verify (3) above. 37 C.F.R. Sections 2.59(a) and 2.71(c).
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/.
/Lourdes D. Ayala/
Lourdes D. Ayala
Examining Attorney
Law Office 106
703-308-9106 x 225
Fax: 703-746-8106
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.