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  76/531349

 

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.  However, registration must be refused for the following reason.

 

Identification of Goods

 

The applicant must further clarify the term “trunks” in the identification of goods by indicating the type of trunks that are being provided (e.g. bathing trunks, swim trunks). 

 

Applicant may adopt the following wording, if accurate.  TMEP §1402.01.

 

“Clothing, namely, shirts, under shirts, night shirts, rugby shirts, polo shirts, jerseys, uniforms, athletic uniforms, pants, trousers, slacks, jeans, denim jeans, overalls, coveralls, jumpers, jump suits, shorts, boxer shorts, tops, crop tops, tank tops, halter tops, sweat shorts, sweat pants, wraps, warm-up suits, jogging suits, blouses, skirts, dresses, sweaters, vests, fleece vests, pullovers, fleece pullovers, snow suits, parkas, anoraks, ponchos, jackets, dinner jackets, sports jackets, golf and ski jackets, reversible jackets, coats, blazers, suits, turtlenecks, swimwear, beachwear, caps, berets, hats, headbands, wrist bands, sweat bands, headwear, ear muffs, aprons, scarves, bandanas, belts, suspenders, neckwear, neckties, ties, underwear, briefs, swim trunks, bras, sports bras, singlets, socks, loungewear, robes, bathrobes, underclothes, pajamas, sleepwear, night gowns, lingerie, camisoles, slips, leg warmers, bodysuits, leggings, tights, leotards, unitards, gloves, mittens, footwear, shoes, sneakers, boots, galoshes, sandals, zori, slippers and rainwear,” in International Class 25.

 

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.

 

For your assistance and convenience, the “Acceptable Identifications of Goods and Services Manual” may be searched at the Office’s global network computer website address of  http://www.gov.uspto.report/main/trademarks.htm.

 

Combined Application - Advisory

 

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.

 

Name of an Individual

 

Applicant must clarify whether the name in the mark identifies a particular living individual.  If the name LAUREN SYDNEY shown in the mark identifies a particular living individual, then applicant must submit a signed, written consent from that individual, authorizing applicant to register the name.  In addition, applicant must submit the following statement for the record:

 

“LAUREN SYDNEY identifies a particular living individual whose consent is of record.”

 

However, if the name does not identify a living individual, then applicant must submit the following statement for the record:

 

“LAUREN SYDNEY does not identify a particular living individual.”  

 

Trademark Act Section 2(c), 15 U.S.C. §1052(c); TMEP §§813 and 1206.

 

For Applicant’s Information Only - Fee Increase

Fee increase effective January 1, 2003

Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class.  The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00. 

 

Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

 

 

 

/Amy L. Alfieri/

Trademark Attorney

Law Office 113

phone: (703) 308-9113, ext. 462

fax: (703) 746-8113

ecom113@uspto.gov (formal responses)

 

 

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.