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  76/499111

Mark:  BLU SAND

 

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

 

No Conflicting Marks Noted

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.

Other Issues

Although the examining attorney has not refused registration, the applicant must respond to the following issues:

Date Declaration Signed

The applicant must indicate the date the application declaration was signed.  TMEP sections 704 and 803.02.

 

 

Identification of Goods and Services

The identification of goods and services is unacceptable as indefinite.  TMEP § 1401.01. 

 

In Class 25, the wording is too vague.  The applicant must indicate the type of clothing, active wear and sports wear, e.g., hats, shirts, pants, shorts, etc. 

 

In Class 35, the wording “distributing” is too vague.  The applicant may amend to “distributorships in the field of….”  The wording “and related products” is too vague.  The applicant must specify or delete this wording.  The applicant must specify the exact nature of the “hearing enhancement products” because that wording is too broad.  Finally, the examiner suggests replacing the semi-colons with commas so that it is clear the “distributorships” applies to all the goods listed. 

 

For assistance regarding an acceptable listing of goods and/or services, please see the on‑line searchable Manual of Acceptable Identifications of Goods and Services, at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/.

 

The applicant may adopt the following identification, if accurate:

 

Class 25:                        Clothing, active wear, sports wear, namely, [specify].

 

Class 35:             Distributorships in the field of medical supplies, hearing aids, towels, bedding, sheets, and pillowcases.

 

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 or services that are not within the scope of goods and services set forth in the present identification.

 

If the applicant has any questions or needs assistance in responding to this Office Action, please feel free to telephone the assigned examining attorney.

Wendy B. Goodman

/Wendy B. Goodman/

Trademark Attorney

Law Office 103

(703) 308-9103, x409

(703) 746-8103 (fax)

ecom103@uspto.gov

 

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.