Offc Action Outgoing

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  76/527041

 

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

 

Search Results

The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d).  TMEP §704.02.

 

Identification of Goods – Not Accepted

However, the wording “cookware” and “tabletop and accessories” in the identification of goods needs clarification because it is too vague.  Applicant may change this wording to “Cookware, namely, [indicate types of http://atlas/netacgi/ - h4http://atlas/netacgi/ - h6cookware] in Int. Class 21 [please note, however,  electric cookware is in Int. Class 11]” and “tabletop accessories, namely [specify; e.g., plates, bowls, dishes, cups, napkin holders] in Int. Class 21, if accurate.  TMEP §1402.01.

 

Applicant may adopt the following identification of goods, if accurate:   Cookware, namely, [indicate types of http://atlas/netacgi/ - h4http://atlas/netacgi/ - h6cookware]; dinnerware; and tabletop accessories in the nature of [specify].  TMEP §1402.01.

 

For additional guidance, the applicant is strongly encouraged to consult the Acceptable Identification of Goods and Services Manual for the United States Trademark Office which may be found at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/.  The Manual is searchable using Ctrl+F. 

The applicant is also advised 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/services that are not within the scope of the goods/services set forth in the present identification.

 

If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those goods based on an intent to use the mark in commerce under Trademark Act Section 1(b):

 

(1)   Applicant must list the goods 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 not covered by the fee already paid.  37 C.F.R. §2.86(a)(2); TMEP §§810.01 and 1403.01.

 

 

Counsel May Contact Examiner

The applicant’s attorney is encouraged to respond electronically to expedite prosecution of the application.   Questions regarding this action may be directed to the undersigned via telephone or email.

 

 

 

 

 

 

/kbp/

Kimberly Boulware Perry

Attorney, US Patent & Trademark Office

phone: 703-308-9112 x251; fax: 703-746-8112

www.gov.uspto.report/teas/index.html [responses]

kimberly.perry@uspto.gov [direct]

 

 

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.