UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/525690
APPLICANT: Wilen Press, LC
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CORRESPONDENT ADDRESS: STEPHEN E. FELDMAN STEPHEN E. FELDMAN, P.C. 12 EAST 41ST STREET NEW YORK, NEW YORK 10017
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom108@uspto.gov
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MARK: WILOPEN
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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 76/525690
The assigned examining attorney has reviewed the referenced application and determined the following.
A. 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. Section 1052(d). TMEP section 1105.01.
B. Ownership of Prior Registration
If the applicant is the owner of Registration No. 2,624,274, the applicant must submit a claim of ownership. 37 C.F.R. Section 2.36; TMEP section 812.
C. Identification of Goods
The identification of goods is unacceptable as indefinite because the applicant must specify the field or subject matter of the brochures and booklets. Based on the applicant’s identification of goods for the aforementioned prior U.S. registration, the examining attorney notes that the wording “brochures and booklets featuring advertising for others” would be considered unacceptable as indefinite because all types of brochures and booklets in all fields contain advertisements for others. This is how publications typically earn revenue. However, based on this prior U.S. registration, the applicant may adopt the following identification, if accurate: “Brochures and booklets consisting of the advertisements of others.” TMEP section 804.
The applicant must rewrite the identification in its entirety, listing each good or service according to its appropriate international classification, with the international classes listed in ascending order. 37 C.F.R. Section 2.74(b). 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(a); TMEP section 804.09. Therefore, the applicant may not amend to include any goods or services that are not within the scope of the goods or services listed in the present identification.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
Regards,
/Scott M. Oslick/
Trademark Examining Attorney
Law Office 108
(703) 308-9108 x117 (Telephone)
(703) 746-8108 (Fax - Official Responses Only)
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.