Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

RESPONSE TIME LIMIT:  TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/515746

 

On June 14, 2004, action on this application was suspended pending the disposition of Application Serial No. 78/131052, however, upon further review, the referenced pending application (now registered as U.S. Registration No. 2949591) is withdrawn as a bar to registration.

 

Identification of Goods

The requirement for an acceptable identification of goods is now made FINAL for the reasons set forth below.  37 CFR §2.64(a); TMEP §1402.01.

 

The wording “portable beverage containers” in applicant’s amended identification of goods is unacceptable as indefinite because it could include “metal cans sold empty,” which are in International Class 6.  Therefore, the requirement for an acceptable identification of goods is made final.  Applicant must amend the wording “portable beverage containers” to specify the type of containers, for example, “portable beverage coolers,” “portable thermal insulated beverage containers” or “portable mugs for beverages” in International Class 21. 

 

Applicant may adopt the following identification, if accurate: 

 

Portable beverage containers, namely, _____ (specify, e.g., portable beverage coolers, portable thermal insulated beverage containers, portable mugs for beverages); portable ice chests for food and beverages; portable ice coolers; portable beverage coolers; portable coolers for holding bottles; portable containers for holding ice; thermal insulated beverage containers and beverage container holders (Class 21).

 

TMEP §1402.01.

 

Please note that, while the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening the scope of the goods is not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification. 

 

For assistance with identifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html.

 

Proper Response to a Final Action

If the applicant fails to respond to this final action within six months of the mailing date, the application will be abandoned.  15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).  The applicant may respond to this final action by: 

 

(1)            submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); or

(2)  filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class (37 C.F.R. §§2.6(a)(18) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).

 

In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2).  37 C.F.R. §2.64(a).  See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matter.  The petition fee is $100.  37 C.F.R. §2.6(a)(15).

 

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

 

/Kathleen de Jonge/

Examining Attorney, Law Office 116

(571) 272-9152

(571) 273-9116 (fax)

 

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond formally using the Office’s Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://www.gov.uspto.report/teas/index.html and follow the instructions, but if the Office Action has been issued via email, you must wait 72 hours after receipt of the Office Action to respond via TEAS).
• REGULAR MAIL RESPONSE:  To respond by regular mail, your response should be sent to the mailing return address above and include the serial number, law office number and examining attorney’s name in your response.

 

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.