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  76/515931

Mark:  RUULE (stylized)

 

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:

Significance of Term

The applicant must indicate whether the proposed mark has any meaning in relation to the goods, whether the mark has any geographical significance or any meaning in a foreign language.  37 C.F.R. Section 2.61(b).

 

 

Identification of Goods

The identification of goods is unacceptable as indefinite.  TMEP § 1402.01.  The applicant may adopt the following identification, if accurate:

 

Class 16:             Paper and paper articles; namely, trading cards; paper cut-out figures, namely, [this wording is unclear – applicant must specify the exact nature of these goods]; paper gift wrap and wrapping paper; party goods, namely, party hats, paper cake and paper party decorations and table cloths; prints, namely, art, cartoon, color and lithographic; publications, namely, books, magazines, fan club newsletters, newsletters, and bulletins all in the field of action-adventure, drama, comedy, mystery, horror, science-fiction, history, culture and music; address books; paper banners; comic books, and newspaper and magazine comic strips; cartoon strips; coloring and children's books, bulletin boards; pens and pencils; erasers; markers; crayons, chalk; arts and crafts kits comprised of coloring books, chalk and crayons; greeting, note cards, and blank cards; postcards; writing and note paper and pads; book covers; educational picture books; appliques in the form of decals; desk sets and desk top organizers; paper napkins; paper place mats; place mats [repetitive, or if these place mats are “plastic,” must specify and add Class 24]; rubber stamps; folders; stickers; temporary tattoos; decorative printed stamps, rubber stamps [repetitive]; appointment books, bank checks, binders, bookmarks, date books, exercise books, picture books, notebooks, memorandum books, series of fiction and non-fiction books in the field of action-adventure, drama, comedy, mystery, horror, science-fiction, history, culture and music [repetitive]; pencil boxes, stationery boxes, bumper stickers, calendars; debit cards without magnetic coding; Christmas cards, gift cards, occasion cards trading [repetitive] and trivia cards; pen and pencil cases; decorative paper centerpieces, paper table cloths [repetitive], checkbook covers, crossword puzzles, daily planners, diaries, metallic gift wrap and wrapping paper; merchandise bags, paper bags, paper party bags, paperweights, pencil sharpeners, decorative pencil-top eraser ornaments, posters, scrapbook albums, stamp pads, stationery; printed patterns for making costumes, pajamas, sweatshirts, and t-shirts.

 

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.

Insufficient Fee

The application identifies goods that may be classified in several international classes.  Therefore, the applicant must either:  (1) restrict the application to the number of class(es) covered by the fee already paid, or (2) pay the required fee for each additional class(es).  37 C.F.R. §2.86(a)(2); TMEP §§810.01, 1401.04, 1401.04(b) and 1403.01. Effective January 1, 2003, the fee for filing a trademark application is $335 for each class.  This applies to classes added to pending applications as well as to new applications filed on or after that date.  37 C.F.R. §2.6(a)(1). 

 

Requirements for Combined Application – Intent to Use or Section 44 Application

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.  Effective January 1, 2003, the fee for filing a trademark application is $335 for each class.  This applies to classes added to pending applications as well as to new applications filed on or after that date.  

 

Drawing

The drawing is not acceptable because it will not reproduce satisfactorily.  The drawing contains unclear and fuzzy lines.  The applicant must submit a new drawing showing the mark clearly and conforming to 37 C.F.R. §2.52.  TMEP §807.07(a).

 

The requirements for a special‑form drawing are as follows:

 

(1) The drawing must appear in black and white; no color is permitted.

 

(2)  Every line and letter must be black and clear.

 

(3)  The use of gray to indicate shading is unacceptable.

 

(4)  The lining must not be too fine or too close together.

 

(5)  The preferred size of the area in which the mark is displayed is 2½ inches (6.1 cm.) high and 2½ inches (6.1 cm.) wide.  It should not be larger than 4 inches (10.3 cm.) high or 4 inches (10.3 cm.) wide.

 

(6)  If the reduction of the mark to the required size renders any details illegible, the applicant may insert a statement in the application to describe the mark and these details.

 

37 C.F.R. §2.52; TMEP §§807.01(b) and 807.07(a).  The Office will enforce these drawing requirements strictly. 

 

The Office prefers that the drawing be depicted on a separate sheet of smooth, nonshiny, white paper 8 to 8½ inches (20.3 to 21.6 cm.) wide and 11 inches (27.9 cm.) long, and that the sheet contain a heading listing, on separate lines, the applicant’s complete name; the applicant’s address; the goods or services recited in the application; and, if the application is filed under Section 1(a) of the Act, the dates of first use of the mark and of first use of the mark in commerce; or, if the application is filed under Section 44(d), the priority filing date of the foreign application.  37 C.F.R. §2.52(b); TMEP §§807.01(a), 807.01(b), 807.01(c) and 807.07(a).

 

 

 

 

 

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.