UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/492220
APPLICANT: FENIX OUTDOOR AB
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: |
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 76/492220
This letter responds to applicant’s communication filed on February 11, 2005. The examining attorney acknowledges and has entered into the record applicant’s copies of its foreign registrations.
THIS REQUIREMENT APPLIES ONLY TO THE GOODS SPECIFIED THEREIN
The following wording in the identification of goods in the application is unacceptable because it exceeds the scope of the goods in the foreign application or registration:
International Class 18: frames for rucksacks, sailing sacks for gear, backpacks; tote bags, duffel bags; stuff bags, namely drawstring sacks for containing downware and other compressible bulky goods; hip belts and straps for use with backpacks/rucksacks; trapper pockets, namely small bags or such in the nature of extra pockets to be attached to backpacks
International Class 22: tent floors; synthetic bags sold empty for carrying water
International Class 25: Shoes; underwear, knickers, jeans, shirts, overalls and ponchos, polo shirts, waist coats, sweaters, caps, hats, gloves including finger gloves
37 C.F.R. §§2.32(a)(6) and 2.34(b). Applicant must therefore do one of the following:
(1) delete the Section 44 basis for the goods and/or services beyond the scope of the foreign application or registration and substitute a basis under Trademark Act Sections 1(a) or 1(b) for those goods and/or services; or
(2) amend the identification of goods and/or services in the application to correspond to the goods and/or services identified in the foreign application or registration, ensuring that all goods and/or services beyond the scope of the foreign application or registration are deleted from the application.
15 U.S.C. §§1051(a) or (b); 37 C.F.R. §§2.32(a)(6) and 2.34(b); TMEP §§806.02 et seq., 1012 and 1402.01(b); see Marmark Ltd. v. Nutrexpa S.A., 12 USPQ2d 1843 (TTAB 1989); In re Lowenbrau München, 175 USPQ 178 (TTAB 1972). See 37 C.F.R. §2.35 and TMEP §§806.03 et seq. regarding amendment of the basis.
An applicant may assert more than one basis in an application, provided that the applicant satisfies all requirements for each basis claimed. 37 C.F.R. §2.34(b); TMEP §§806.02 et seq.
If applicant chooses to assert different bases in the same application, then applicant must clearly state that it is claiming more than one basis, and must separately list each basis, followed by the goods and/or services to which that basis applies. If some or all of the goods or services are covered by more than one basis, this must be stated. 37 C.F.R. §§2.34(b)(2) and 2.35(f).
If applicant should fail to respond to this Office action within the six month time limit, then the goods listed above will be deleted from the application. The application will then proceed forward with the remaining goods. 37 C.F.R. §2.65(a).
/Won T. Oh/
Law Office 114
email: won.oh@uspto.gov
(571) 272-9204
Fax: (571) 273-9114
HOW TO RESPOND TO THIS OFFICE ACTION:
STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.
VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.
GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.