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  76/515801

 

FINAL

 

This letter responds to applicant’s letter of April 12, 2004. The applicant amended the identification of goods. The identification remains unclear. This requirement is made FINAL.

 

IDENTIFICATION OF GOODS

 

The identification of goods is unacceptable as indefinite because the nature of the goods is unclear. In addition, some of the goods are incorrectly classified.  TMEP §1402.01. The applicant may adopt the following identification, if accurate: 

 

Narrow woven and non-woven industrial textile products, namely, pulling tape [this is unclear, please describe good. More than likely it will be classified in International Class 24], cord strapping [International Class 22] and cargo lashing [this is unclear, please provide more information regarding this good]; hardware, namely, pulling tape connectors and cargo lashing fasteners and accessories [are these goods metal or non-metal? What are they used in connection with? Please provide more information regarding these goods]. International Class ?

 

To the extent the suggested identification is incomplete or inaccurate, the applicant is further advised that the Trademark Acceptable Identification of Goods and Services Manual is accessible via the PTO homepage at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/.

 

ADDITIONS TO IDENTIFCATION NOT PERMITTED

 

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.

 

REQUIREMENTS FOR MULTIPLE CLASS APPLICATIONS

 

If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following.

 

(1)  The applicant must list the goods/services by international class with the classes listed in ascending numerical order.  TMEP §1403.01.

 

(2)  The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid.  37 C.F.R. §§2.6(a)(1) and 2.86(a); TMEP §§810.01 and 1403.01. 

 

The refusal to register is FINAL.

 

Please note that the only appropriate responses to a final action are (1) compliance with the outstanding requirements, if feasible, (2) filing of an appeal to the Trademark Trial and Appeal Board, or (3) filing of a petition to the Director if permitted by 37 C.F.R. §2.63(b). 37 C.F.R. §2.64(a); TMEP §715.01.  Regarding petitions to the Director, see 37 C.F.R. §2.146; TMEP Chapter 1700 regarding petitions.  If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application abandoned.  37 C.F.R. §2.65(a). 

 

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

 

 

 

 

                     /Dezmona J. Mizelle-Howard/

Dezmona J. Mizelle-Howard

Trademark Attorney

Law Office 110

703.308.9110, ext. 259

703.746.6203  [Fax]

 

 

 

 

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 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.