UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/525664
APPLICANT: WIZARDS OF THE COAST, INC.
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CORRESPONDENT ADDRESS: PAUL N. VANASSE HASBRO, INC. 1027 NEWPORT AVENUE PAWTUCKET, RHODE ISLAND 02862
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom108@uspto.gov
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MARK: SHOBU
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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 76/525664
The assigned examining attorney has reviewed the referenced application and determined the following.
Search Results
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.
The applicant must address the following requirements.
Identification of Goods
The bolded wording “games and playthings, gymnastic and sporting articles not included in other classes; decorations for Christmas trees” in the identification of goods needs clarification because it does not identify the particular goods and may contain goods from another class.
Applicant may change this wording to the following, if accurate:
International Class 28: games and playthings, namely, [specify the type, e.g., board games, plush toys, toy construction blocks], gymnastic and sporting articles, namely, [specify the particular type, e.g., gymnastic parallel bars, footballs, tennis rackets]; decorations for Christmas trees
TMEP §1402.01.
Please note that, while the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.
Combined Applications
If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those goods and/or services based on an intent to use the mark in commerce under Trademark Act Section 1(b):
(1) Applicant must list the goods and/or services by international class with the classes listed in ascending numerical order. TMEP § 1403.01; and
(2) Applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid. 37 C.F.R. §2.86(a)(2); TMEP §§810.01 and 1403.01.
Translation
Applicant must submit an English translation of all foreign wording in the mark. 37 C.F.R. §2.61(b); TMEP §809. In the present case, the wording “SHOBU” needs translating for the record. The following translation statement is suggested: “The English translation of the word SHOBU in the mark is ___.”
Applicant must specify whether “SHOBU” has any significance in the applicant’s field, trade or industry or any geographical significance. 37 C.F.R. §2.61(b).
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Joanna Mateja/
Trademark Examining Attorney
Law Office 108
(703) 308-9108 ext. 249
for official responses: 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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.