UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/529902
APPLICANT: Modem Shirt Industries (2001) Inc.
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CORRESPONDENT ADDRESS: JAY K. MEADWAY BALLARD SPAHR ANDREWS & INGERSOLL, LLP 1735 MARKET STREET, 51ST FLOOR PHILADELPHIA, PA 19103-7599
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom112@uspto.gov
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MARK: ANONIMO
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CORRESPONDENT’S REFERENCE/DOCKET NO: 084528
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 76/529902
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_-Delete Parentheses
The identification of goods should be amended to DELETE the parentheses. The applicant is advised that parentheses and brackets should not be used in the identification of goods or services. The only time parentheses may be used in an identification is when the parentheses merely explain or translate the matter preceding the parenthetical phrase in such a way that it does not affect the clarity of the identification.
The applicant may adopt the following amended identification of goods, if accurate:
Men's apparel namely, dress shirts, sport shirts and knitted sport shirts, underwear, namely, boxer shorts, underwear briefs, tank tops, t-tops; collarless sweatshirts and T-shirts, slacks, pants, suits, coats, jackets, top coats, blazers, ski jackets, ski slacks, tennis shorts, tennis shirts, tennis sweaters, tops, ponchos, sweaters, cardigans, pullovers, jerseys, knit polo shirts, jogging suits, sweatshirts, sweatpants, warm-up suits, shells, shorts, turtlenecks, vests, swimwear, namely, bathing suits, matching or contrasting beach jackets; jeans, jean jackets, raincoats, scarves, gloves, earmuffs, handkerchiefs, ties, hosiery, suspenders, belts, headbands, pajamas, namely, polojamas, nightshirts, sleep shorts and pants; robes, uniforms, leather dress shoes, sport shoes, leather boots, rubber boots, sandals, sneakers, sport hats and caps.
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.
Translation Required
Applicant must also submit an English translation of the foreign wording in the mark. 37 C.F.R. §2.61(b); TMEP §809.
It is noted that applicant expressed an intent to proceed under both Trademark Act Sections 1(b) and 44(d) at the time of filing. However, if applicant now wishes to proceed relying on the applicant’s intent to use the mark in commerce under Section 1(b) as the sole basis for registration, with the claim of priority under Section 44(d), then applicant should so advise the trademark examining attorney. TMEP §§806.02(f) and 806.04(b). If applicant chooses to do so, this Office will approve the mark for publication without waiting for applicant to submit a copy of the foreign registration, once all other outstanding issues are resolved. Moreover, while the application may be approved for publication, the mark will not register until after an acceptable allegation of use has been filed.
If applicant does not indicate otherwise, this Office will presume that applicant wishes to continue relying on the foreign registration as an additional basis for registration and will require applicant to submit the copy of the foreign registration and, if appropriate, an English translation signed by the translator. TMEP §§1004.01 and 1004.01(b).
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.govas/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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.