Trademark Examining Attorney: Kenneth Dale Battle
Law Office 111
Serial No. 76/486849
Filing Date: February 3, 2003
Mark: BASIS
Applicant's name: Trade Associates Group, Ltd.
Date of Office Action: July 23, 2003
Trademark Examining Attorney: Kenneth Dale Battle
Law Office 111
Telephone No. of Applicant's Attorney: (312) 332-6500 Ext. 336
Email Address of Applicant's Attorney: atabangay@maurides.com
In response to the attached Office Action, I respond as follows:
1. The wording "candlesticks" in the identification of goods should be
amended to "candlesticks not of precious metal", International Class 21.
2. The wording "flower bowls" in the identification of goods should be
amended to "flower bowls not of precious metal", International Class 21.
3. The wording "napkin holders" in the identification of goods should be
amended to "napkin holders not of precious metal", International Class 21.
4. Please restrict this trademark application to the International Classes
covered by the fee already paid.
5. Listing of Goods by International Class in ascending order:
International Class 21: Bath accessories, namely, cup holders, candle
holders not of precious metal, candle rings not of precious metal, candle
snuffers, candlesticks not of precious metal, dishes, flower baskets, flower
bowls not of precious metal, flower pot holders, flower pots, glass
beverageware, napkin holders not of precious metal, napkin rings not of
precious metal, and plant baskets.
International Class 24: Bath towels, bath linen, kitchen towels, oven mitts,
shower curtains, textile napkins and textile place mats.
International Class 27: Bath mats, carpets, door mats, fabric bath mats,
rugs, textile bath mats, and textile floor mats for use in the home.
6. Attached hereto please find a JPG format file of the amended drawing of
the mark.
/Adrian Tabangay/
(312) 332-6500 Ext. 336
atabangay@maurides.com
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-----Original Message-----
From: ecom111@USPTO.GOV [mailto:ecom111@USPTO.GOV]
Sent: Wednesday, July 23, 2003 6:22 PM
To: atabangay@maurides.com
Subject: TRADEMARK APPLICATION NO. 76486849 - BASIS - N/A
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/486849
APPLICANT: Trade Associates Group, Ltd.
CORRESPONDENT ADDRESS:
ADRIAN TABANGAY
MAURIDES & FOLEY, L.L.C.
2 NORTH LASALLE STREET, SUITE 1900
CHICAGO, IL 60602
RETURN ADDRESS:
Commissioner for Trademarks
2900 Crystal Drive
Arlington, VA 22202-3514
ecom111@uspto.gov
MARK: BASIS
CORRESPONDENT'S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS:
atabangay@maurides.com
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.
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 76/486849
The assigned examining attorney has reviewed the referenced application and
determined the following.
The wording "candlesticks" in the identification of goods is unacceptable as
indefinite because as written, may include items that appear in more than
one international class. The applicant may amend this wording to
"candlesticks not of precious metal, International Class 21; candlesticks
made of precious metal, International Class 14," if accurate. TMEP
§1402.01.
The wording "flower bowls" in the identification of goods is unacceptable as
indefinite because as written, they may include items that appear in more
than one international class. The applicant may amend this wording to
"napkin holder not made of precious metal, International Class 21; napkin
holders made of precious metal, International Class 14," if accurate. TMEP
§1402.01.
The wording "napkin holders" in the identification of goods is unacceptable
as indefinite because as written, may include items that appear in more than
one international class. The applicant may amend this wording to "napkin
holders not made of precious metals, International Class 21; napkin holders
made of precious metals, International Class 14," if accurate. TMEP
§1402.01.
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.
The application identifies goods that may be classified in several
international classes. Therefore, the applicant must either: (1) restrict
the application to the number of class(es) covered by the fee already paid,
or (2) pay the required fee for each additional class(es). 37 C.F.R.
§2.86(a)(2); TMEP §§810.01, 1401.04, 1401.04(b) 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. 37 C.F.R.
§2.6(a)(1).
The applicant must list the goods by international class number in ascending
numerical order. TMEP §§801.01(b) and 1403.01.
The drawing does not appear to reproduce satisfactorily. The applicant must
submit an amended drawing.
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).
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.
No set form is required for response to this Office action. The applicant
must respond to each point raised. The applicant should simply set forth
the required changes or statements and request that the Office enter them.
The applicant must sign the response. In addition to the identifying
information required at the beginning of this letter, the applicant should
provide a telephone number to speed up further processing.
In all correspondence to the Patent and Trademark Office, the applicant
should list the name and law office of the examining attorney, the serial
number of this application, the mailing date of this Office action, and the
applicant's telephone number.
/Kenneth Dale Battle/
Trademark Examining Attorney
Law Office 111
(703) 308-9111 Ext. 434
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
<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
<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/ <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
<http://www.gov.uspto.report/main/trademarks.htm>
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE
ASSIGNED EXAMINING ATTORNEY.
