UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/497832
APPLICANT: ANDERSON, KENT G
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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MARK: TOMORROW
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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 76/497832
Applicant is requesting reconsideration of a final refusal dated August 5, 2004.
After careful consideration of the law and facts of the case, the examining attorney must deny the request for reconsideration and adhere to the final action as written since no new facts or reasons have been presented that are significant and compelling with regard to the point at issue.
The applicant has thirty (30) days from the mailing date of this action to resolve any and all identification issues with the examining attorney.
THIS REQUIREMENT HAS BEEN NARROWED ONLY TO THE GOODS AND SERVICES SPECIFIED THEREIN
Upon a close review of the applicant’s response dated November 9, 2005, the following identification issues still are indefinite or unacceptable.
The examining attorney has only addressed those items that are still indefinite or unacceptable. Anything not mentioned below is otherwise acceptable. The examining attorney reminds the applicant that it is limited to the scope of the amended identification of goods and services, and that it may not add any further goods or services to the application at this time.
Finally, the undersigned will not consider any further additions to the identification at this juncture (other than those that need to be specified further), because the applicant has had ample time to correct and accurately identify all its goods and services.
“Antibacterial alcohol skin sanitizer gel” is a Class 005 good, not Class 003. To add this would constitute adding another class.
“Facial body hair conditioners” in Class 003 is indefinite and the examining attorney is not sure what the applicant means. “Hair conditioners” is acceptable in Class 003.
“Foot powders” must be “non-medicated foot powder” in order to remain a Class 003 good. Otherwise, the applicant’s goods remain indefinite.
“Foundation for making of cosmetics” in Class 003 is unclear. Applicant may specify “foundations” or “creamy foundation,” if accurate.
“Non-medicated hair preparation” in Class 003 is indefinite. Please specify the goods by common commercial name, e.g. shampoo, gel.
“Toners for cosmetics” in Class 003 is also unclear. Applicant may adopt “skin toners” if accurate.
Class 035:
“Organizing exhibitions for commercial and advertising purposes” in Class 035 unclear because the applicant must indicate the particular commercial and advertising services.
“Custom promotional products for others” is unclear. If the applicant is custom manufacturing “custom promotional products for others” than the service belongs in Class 040.
“Licensing of concept goods” must be more specific – applicant must specify the type of “concept goods” being licensed.
“Tracking, locating and monitoring of vehicles, maritime vessels and aircraft” must be amended to “tracking, locating and monitoring of vehicles, maritime vessels and aircraft for commercial purposes.”
“Public document retrieval” that the applicant has listed in Class 035, is actually a Class 042 service.
“Shop window display derangement services” should be amended to “shop window arrangement services.”
“Facilitating the exchange of needed information for financial comp sation via the Internet” should be amended to “Facilitating the exchange of needed information for financial compensation via the Internet” to correct the typographical errors.
Please note that, while the identification of goods and/or services may be amended to clarify or limit the goods and/or services, adding to the goods and/or services or broadening the scope of the goods and/or services is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include goods and/or services that are not within the scope of the goods and/or services set forth in the present identification.
Accordingly, applicant’s request for reconsideration is denied. The time for appeal runs from the date the final action was mailed. 37 C.F.R. Section 2.64(b); TMEP Section 715.03(c).
If the applicant fails to respond within 30 days of this Office Action, the indefinite goods and services listed above will be deleted and the application will move forward with the otherwise acceptable goods and services listed in Classes 001, 003, 035, 041 and 043.
/Susan C. Hayash/
Trademark Senior Attorney
Law Office 107
(571)272-9362 (phone)
(571)273-9107 (fax)