Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

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  76/491951

 

The assigned trademark examining attorney has reviewed the referenced application and determined the following.

 

 

SEARCH    TMEP §704.02   The trademark 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. Section 1052(d). 

 

DATES OF USE

The applicant has specified 02/00/2003 as the date of first use of the mark anywhere.  The Office interprets this as the last day of February (02/28/2003).  TMEP §903.07. 

That date is after 02/16/2003, set forth as the date of first use in commerce.  This is not possible because use in commerce by definition includes use anywhere.  TMEP §903.04.  Therefor, the applicant must amend the dates‑of‑use clause to specify a date of first use anywhere which is not later than the date of first use in commerce.  The applicant must verify this amendment with an affidavit or a declaration under 37 C.F.R. §2.20.  37 C.F.R. §2.71(c); TMEP §903.05.  If the applicant adopts the date of first use in commerce as the date of first use anywhere, the applicant need not verify the amendment.

 

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that the facts set forth in this application are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.

 

 

 

__________________________________

Signature / Print or Type Name & Position

 

_____________________________

                         Date

 

 

 

IDENTIFICATION OF GOODS  TMEP §1402.01

TMEP sections 1402 and 1402.03(a)     In an identification of goods, the applicant must use the common commercial names for the goods, be as complete and specific as possible and avoid the use of indefinite words and phrases.  If the applicant chooses to use indefinite terms, such as "accessories," “and/or,” "components," "devices," “etc.,” "equipment," “including,” "materials," "parts," “or,” "systems" and "products," then those words must be followed by the word "namely" and the goods listed by their common commercial names. 

 

The wording “Toys, namely, toys that change their size and shape and unfolding or kinetic toys that change their size and shape” in the identification of goods is unacceptable as indefinite.

Applicant must specify type of toys, for example, construction toys.  Use of the term “or “ is not appropriate.

 

If accurate, the applicant may amend this wording to “Toys, namely, CONSTRUCTION toys that change their size and shape, and unfolding AND kinetic toys that change their size and shape”, in International Class 028.

 

 

The applicant may wish to consult the on-line identification manual on the PTO homepage for

acceptable common names of goods and services.

 

http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/

 

37 C.F.R. Section 2.71(a); TMEP §1402.06   While an application may be amended to clarify or limit the identification, additions to the identification are not permitted.  Therefor, the applicant may not amend to include any goods/services that are not within the scope of the goods/services recited in the present identification.

 

 

 

/leb/  Linda E. Blohm,  Trademark Examining Attorney

Ecom110@uspto.gov (the law office email address for OFFICIAL responses ONLY)

703.308.9110 ext.130,   Facsimile 703.746.6340

 

 

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.

 

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/

 

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

 

For inquiries or questions about this office action, please contact the assigned examining attorney.