UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/492435
APPLICANT: Games Workshop Limited
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CORRESPONDENT ADDRESS: DANIEL B. BINSTOCK FINNEGAN, HENDERSON, FARABOW, GARRETT 1300 I STREET, N.W. WASHINGTON, D.C. 20005-3315
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom108@uspto.gov
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MARK: WARCRY
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CORRESPONDENT’S REFERENCE/DOCKET NO: 02052.0419
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 76/492435
The wording “articles for painting models” in the identification of goods is unacceptable as indefinite. The applicant must amend the identification to specify the commercial name of the goods. If there is no common commercial name for the product, the applicant must describe the product and its intended uses. TMEP §1402.01.
Some items may be classified in a different international class; while paint brushes are in class 16, paint spray guns are in class 7.
“Collectable card games” are properly classified in international class 28. Since this items appears in that class already, it is suggested that it be deleted.
Please provide the subject matter of the “magazines, books and manuals”. For example, if accurate, the identification of these elements could read: publications namely magazines, books and manuals on role playing games, hobby games, ware games and skirmish games.
The wording “playthings; games and parts and fittings therefore” in the recitation of services is unacceptable as indefinite. The applicant must amend the recitation to specify the common commercial name of the services or to indicate their nature. TMEP §1402.11.
Please specify the type of goods involved and the nature of the games—i.e. role playing games and parts therefore.
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.
/Henry S. Zak/
Examining Attorney
Law Office 108
(703)308-9108 x 149
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.