UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/520712
APPLICANT: Kim, Jay S.
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CORRESPONDENT ADDRESS: CHRIS PAPAGEORGE 14625 S. VERMONT AVE.#5 GARDENA, CA 90247
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom103@uspto.gov
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MARK:
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CORRESPONDENT’S REFERENCE/DOCKET NO: K015
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 76/520712
The assigned examining attorney has reviewed the referenced application and determined the following:
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. Section 1052(d). TMEP section 1105.01.
However, the applicant should note the following informality:
The identification of goods is unacceptable as indefinite because the wording fails to state clearly what goods are being produced. As a result, the identification of goods is neither specific enough to protect the goods sold by the applicant nor to give other applicants notice of the goods sold by the applicant. The applicant may adopt the following identification, if accurate:
Air intake system components and accessories for land vehicles, namely, motor exhaust systems comprised of pipes, tubes, tailpipes, downpipes, connecting pipes, flexible pipes, manifolds, collectors, blanking plugs, sleeves, caps, silencers, mufflers, expansion chambers, couplings, flanges, joints, clips, collets, springs, spacers, brackets, hangers, straps, clamps, collars, heat shields, nuts, bolts, washers, screws and rivets; exhaust pipes, mufflers, silencers, manifolds and parts therefor, in International Class 7.
Air intake system components and accessories for land vehicles, namely, [specify, e.g., roof rack storage containers, antitheft alarms, seat wheel covers, windshield sun shades, car door guards, stripes for automobile bodies, stone guards, license plate frames, and steering wheel locks], in International Class 12.
TMEP section 1402.01.
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. Section 2.71(b); TMEP section 1402.06(a). Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.
If the applicant prosecutes this application as a combined, or multiple‑class, application based on use in commerce under Trademark Act Section 1(a), 15 U.S.C. §1051(a), the applicant must comply with each of the following:
(1) The applicant must specifically identify the goods/services in each class and 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(b); 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.
(3) The applicant must submit:
(a) dates of first use and first use in commerce and one specimen for each class that includes goods or services based on use in commerce under Trademark Act Section 1(a). The dates of use must be at least as early as the filing date of this application, 37 C.F.R. §§2.34(a)(1) and 2.86(a), and the specimen(s) must have been in use in commerce at least as early as the filing date of the application, and/or
(b) a statement of a bona fide intention to use the mark in commerce on or in connection with all the goods or services specified in each class that includes goods or services based on a bona fide intention to use the mark in commerce under Trademark Act Section 1(b), where such statement was not included for the goods or services in the original application.
(4) The applicant must submit an affidavit or a declaration under 37 C.F.R. §2.20 signed by the applicant to verify (3) above. 37 C.F.R. §§2.59(a) and 2.71(c).
The submitted specimens of record are sufficient to show use in each of the Classes.
For your convenience, acceptable identifications of goods and services are available on-line at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/search.html.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney. For your convenience, current status and status date information is available, via push button telephone, for all federal trademark registration and application records maintained in the automated Trademark Reporting and Monitoring (TRAM) system. The information may be accessed by calling (703) 305‑8747 from 6:30 a.m. until midnight, Eastern Time, Monday through Friday, and entering a seven‑digit registration number or eight‑digit application number, followed by the "#" symbol, after the welcoming message and tone. Callers may request information for up to five registration number or application number records per call.
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/Ronald E. Aikens/
Trademark Office
Law Office 103
Tel: (703) 308-9103, ext. 128
Fax: (703) 746-6422
Ron.Aikens@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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.