UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/537371
APPLICANT: National Paintball Supply, Inc.
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CORRESPONDENT ADDRESS: MICHAEL F. SNYDER DRINKER BIDDLE & REATH, LLP ONE LOGAN SQUARE 18TH AND CHERRY STREETS PHILADELPHIA, PA 19103 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom114@uspto.gov
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MARK: SCORCHED
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CORRESPONDENT’S REFERENCE/DOCKET NO: 188402
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 76/537371
The assigned examining attorney has reviewed the referenced application and determined the following.
Information is enclosed concerning pending Application Serial No. 76446323. Although the Office records have been searched and no similar registered mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d), there may be a likelihood of confusion under Section 2(d) of the Act between applicant’s mark and the mark in the above noted application. The filing date of the referenced application precedes applicant’s filing date. If the earlier‑filed application registers, registration may be refused under Section 2(d). 37 C.F.R. §2.83. Therefore, upon entry of a response to the Office action, action on this case may be suspended pending final disposition of the earlier-filed application.
If applicant believes that there is no potential conflict between this application and the earlier-filed application, then applicant may present arguments relevant to the issue in a request to remove the application from suspension. The election to file or not to file such a request at this time in no way limits applicant’s right to address this issue at a later point.
Action on this application will be suspended pending the disposition of the above application upon receipt of the applicant’s response resolving the following informalities.
The identification of goods in Class 25 needs clarification because applicant uses the wording “including.” The identification of goods must be specific and all-inclusive. Applicant should amend the identification to replace this wording with "namely." In Class 18 the applicant must specify all “articles of leather and imitations of leather.” In Class 28 the applicant must specify all “accessories and supplies.” Please note that applicant may amend the identification to list only those items that are within the scope of the goods set forth in the application. 37 C.F.R. §2.71(a); TMEP §§1402.01 and 1402.03(a).
The applicant may adopt the following recitation, if accurate:
articles of leather and imitations of leather namely bags, sacks, harnesses, carry-alls and luggage; rucksacks, backpacks, knapsacks and duffle bags
Class 25
clothing, namely, shirts, jackets, jerseys, vests, pants, shorts, gloves, hats, pajamas, headbands, belts, and children's clothing, namely, shirts, jackets, jerseys, vests, pants, shorts, gloves, hats, pajamas, headbands, belts; articles of sports clothing for use in playing paintball sport games namely shirts, jerseys, hats and pants.
paintball ammunition, paintball marker guns, and paintball marker gun accessories, namely, valve pins, front bolts, velocity adjusters, expansion chambers, barrels, trigger frames, barrel adaptors, power feed adaptors, marker scopes, marker covers, marker holsters, cocking adaptors, power feed adaptors, marker scopes, marker covers, marker holsters, cocking bolts, sight rails, springs, rings, turbo valves, air tanks, ball detents, sears, actuator rods, air block screws, shafts, push pins, air regulators, grips, elbows, butt plates; paintball accessories, namely, face masks, loaders, guppies, harnesses, throat deflectors, chest deflectors, knee pads for athletic use, elbow pads for athletic use, accessories and supplies namely [specify each accessory and supply].
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. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.
THIS REQUIREMENT APPLIES TO CLASS(ES) 28, 25 AND 18 ONLY.
If applicant should fail to respond to this Office action within the six month time limit, then the following goods and/or services will be deleted from Class 18 in the application: articles of leather and imitations of leather. The application will then proceed forward for the following goods and/or services only: carry alls, luggage, rucksacks, backpacks, knapsacks and duffle bags
The following goods and/or services will be deleted from Class 25 in the application: articles of sports clothing for use in playing paintball sport games including shirts, jerseys, hats and pants. The application will then proceed forward for the remaining goods in Class 25.
The following goods and/or services will be deleted from Class 28 in the application: accessories and supplies. The application will then proceed forward for the remaining goods in Class 28.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Brian Neville/
Trademark Examining Attorney
Law Office 114
(703) 308-9114 ext.143
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.