UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/539060
APPLICANT: Formway Furniture Limited
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CORRESPONDENT ADDRESS: DONALD L. DENNISON DENNISON SCHULTZ & DOUGHERTY 612 CRYSTAL SQUARE 1745 JEFFERSON DAVIS HIGHWAY ARLINGTON, VIRGINIA 22202 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom114@uspto.gov
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MARK: FORMWAY
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CORRESPONDENT’S REFERENCE/DOCKET NO: T03-040
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 76/539060
The assigned examining attorney has reviewed the referenced application and determined the following.
The wording “office furniture” in the identification of goods is beyond the scope of the goods listed in the foreign registration certificate and, therefore, must be deleted from the U.S. application. The goods or services identified in an application under Trademark Act Section 44, 15 U.S.C. §1126, may not exceed the scope of those appearing in the foreign application or registration. 37 C.F.R. §2.32(a)(6); TMEP §§1012 and 1402.01(b).
The recitation of services is unacceptable as indefinite. The applicant must amend the recitation to indicate the nature of the services and their particular field. TMEP §1402.11.
The applicant may adopt the following recitation of services, if accurate:
International Class 42; design for others in the field of furniture; consulting services in the field of furniture design.
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 services that are not within the scope of the services recited in the present identification.
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. §1052(d). TMEP §704.02.
/Matthew C. Kline/
Trademark Examining Attorney
Law Office 114
(703) 308-9114 x 148
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.