Offc Action Outgoing

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  76/539060

 

This letter responds to the applicant’s communication filed on May 11, 2004.  The applicant provided an amended recitation of services.  The amended recitation of services is acceptable.  The applicant further argued that the identification of goods in International Class 20 was not outside the scope of the foreign registration.  The applicant’s Section 44(e) basis is based on two foreign registrations.  However, the application only contains one certified copy of a foreign registration for New Zealand Registration No. 618,112. The applicant must provide a copy of the foreign registration for New Zealand Registration No. 136,164.  The issue of the goods in International Class 20 being outside the scope of the foreign registration is MAINTAINED.  The issue will be revisited once the applicant provides the required foreign registration.

 

Certified Copy of Foreign Registration No. 136,164 Required

 

Applicant must submit a copy of the foreign registration, New Zealand Registration No. 136,164.  If the foreign certificate of registration is not written in English, then applicant must provide an English translation signed by the translator.  See TMEP §§1004.01 and 1004.01(b).

 

The application does not presently contain a copy of that foreign registration.  An application filed under Trademark Act Section 44(e), 15 U.S.C. §1126(e), must include a true copy, photocopy, certification or certified copy of a foreign registration from the applicant’s country of origin.  Applicant’s country of origin must either be a party to a convention or treaty relating to trademarks to which the United States is also a party, or must extend reciprocal registration rights to nationals of the United States by law.  See TMEP §§1002.01 and 1004.

 

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

 

 

 

 

 

 

 

 

/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 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.