UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/532361
APPLICANT: BVS Entertainment, Inc.
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CORRESPONDENT ADDRESS: STEVEN PLOTKIN THE WALT DISNEY COMPANY 500 SOUTH BUENA VISTA STREET BURBANK, CALIFORNIA 91521-0879
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom103@uspto.gov
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MARK: DINO CHARIOT
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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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PRIORITY ACTION
OFFICE SEARCH: 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 704.02.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.
Serial Number 76/532361
The following issues were discussed in communication with Steven Plotkin on February 5, 2004.
The wording “Toys, games, playthings, and sporting goods,” in the identification of goods is unacceptable as indefinite. The applicant must amend the identification to specify specific toys namely, (e.g. bath, multiple activity, drawing, inflatable), games namely (specify, e.g., electronic dart, LCD game machines, pinball, party) and sporting goods, namely (specify). TMEP §1402.01.
The wording “paper and plastic party favors in the nature of small toys and noisemakers” in the identification of goods is too broad because paper party favors are classified in Class 16. The applicant may amend to adopt the following, if accurate: paper party favors in the nature of small toys and noisemakers (Class16) and plastic party favors in the nature of small toys and noisemakers in Class 28. TMEP §§1402.01 and 1402.03.
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 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.
/Lesley LaMothe/
Trademark Attorney
Law Office 103
703-308-9103 ext. 487
e-mail- lesley.lamothe@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.
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