UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/523181
APPLICANT: WIZARDS OF THE COAST, INC.
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CORRESPONDENT ADDRESS: PAUL N. VANASSE DIRECTOR- INTELLECTUAL PROPERTIES HASBRO, INC. 1027 NEWPORT AVENUE PAWTUCKET, RHODE ISLAND 02862 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom108@uspto.gov
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MARK: DUEL MASTERS
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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 76/523181
The assigned trademark examining attorney has reviewed the referenced application and determined the following.
NO CONFLICTING MARK FOUND
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.
INFORMALITIES
Before the application can be considered further, the following informal issue must be addressed.
CLASS HEADING INDEFINITE
Applicant must clarify the wording used to describe the goods and/or services to indicate the common commercial or generic name for the specific goods and/or services. Applicant has submitted the class heading for International Class 32 as the identification. The purpose of the class heading is to indicate the subject matter and general scope of the class and is considered too broad for identifying goods or services in U.S. applications. TMEP §§1401.08, 1402.01 and 1402.01(a).
Note that the following listed goods in applicant’s identification of goods are acceptable: Mineral and aerated waters; fruit drinks and fruit juices.
The following are considered indefinite: Other non-alcoholic drinks [specify type, e.g., soda water]; syrups and other preparations for making beverages [specify type of preparations and beverages, e.g., “syrup for making lemonade” and/or “concentrates, syrups or powders used in the preparation of soft drinks”].
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.
RESPONSE
If the applicant has particular questions regarding any of the issues set forth in this Office action, the applicant may telephone the assigned examining attorney.
FAILURE TO RESPOND -- ABANDONMENT OF SPECIFIC GOODS
If applicant should fail to respond to this Office action within the six month time limit, then the following goods will be deleted from the application: “Other non-alcoholic drinks; syrups and other preparations for making beverages.” The application will then proceed forward for the remaining goods.
/Douglas M. Lee/
Trademark Examining Attorney
Law Office 108
(703) 308-9108 ext. 198
fax: (703) 746-8108
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.