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  76/523020

 

            The assigned examining attorney has reviewed the referenced application and determined the following.

 

SEARCH OF THE OFFICE RECORDS

 

            The trademark 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.

 

INFORMALITIES

 

              Before the application can be considered further, the following informal issues must be addressed.

 

 

IDENTIFICATION OF GOODS

 

             The wording “AND GOOD IN PRECIOUS METALS OR COATED THEREWITH, NOT INCLUDED IN OTHER CLASSELS” in the identification of goods is unacceptable as indefinite.  The applicant may amend this wording to “goods in precious metals or coated therewith, namely, ____________ [specify the goods by their common commercial names, e.g. watches, teapots, statues, saltshakers, etc.” if accurate.  TMEP §1402.01.

 

             The wording “PRECIOUS STONES” in the identification of goods is unacceptable as indefinite.  The applicant may amend this wording to “precious gemstones,” if accurate.  TMEP §1402.01.

 

             The wording “HOROLOGICAL AND CHRONOMETRIC INSTRUMENTS” in the identification of goods is unacceptable as indefinite.  The applicant may amend this wording to “horological and chronometric instruments, namely, _____________ [specify the horological and chronometric instruments by their common commercial names, e.g. watches],” if accurate.  TMEP §1402.01.

 

             In the identification, the applicant must use the common commercial names for the goods, be as complete and specific as possible and avoid the use of indefinite words and phrases.  If the applicant chooses to use indefinite terms, such as “accessories,” “components,” “devices,” “equipment,” “materials,” “parts,” “systems” and “products,” then those words must be followed by the word “namely” and the goods listed by their common commercial names.  TMEP §§1402.01 and 1402.03(a).

 

              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 and/or services, 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/.

 

GENERAL INQUIRY

 

            The applicant must indicate whether DUEL has any significance in the relevant trade, any geographical significance or any meaning in a foreign language.  37 C.F.R. Section 2.61(b).

 

NOTE:

 

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

 

 

 

 

 

/WILLIAM H. DAWE III/

Trademark Attorney

Law Office 108

(703) 308-9108 ext. 294

(703) 746-8108 (Fax)

ecom108@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.