UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/515746
APPLICANT: Shimazaki, J. John
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*76515746*
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CORRESPONDENT ADDRESS: J. JOHN SHIMAZAKI 47799 MACGILL CT POTOMAC FALLS VA 20165-4772
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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MARK: IT'S COOL TO BE A CUBE!
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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 76/515746
SUSPENSION NOTICE
This is in response to the applicant’s letter filed on May 25, 2004.
The stippling statement is acceptable.
The wording “portable beverage containers” in the identification of goods is unacceptable as indefinite because it could include metal cans sold empty, which are in Class 6. Therefore, the requirement for an acceptable identification of goods is maintained. The applicant must amend the wording “portable beverage containers” to specify the type of containers, e.g., “portable thermal insulated beverage containers” (Class 21) or “portable mugs for beverages” (Class 21).
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 that are not within the scope of goods set forth in the present identification. For assistance regarding an acceptable listing of goods, 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/.
Action on this application is suspended pending the disposition of Application Serial No. 78/131052. A copy of information relevant to this pending application was sent previously.
Since the applicant’s effective filing date is subsequent to the effective filing date of the above-identified application, the latter, if and when it registers, may be cited against this application. See 37 C.F.R. §2.83. The applicant may request that the application be removed from suspension by presenting arguments related to the potential conflict between the relevant applications or other arguments related to the ground for suspension. The applicant’s election to present or not to present arguments at this time will not affect the applicant’s right to present arguments later.
/Kathleen de Jonge/
Examining Attorney, Law Office 116
(703) 306-7916
(703) 746-8116 (fax)