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  76/544023

 

The assigned examining attorney has reviewed the referenced application and determined the following.

 

The examining attorney has searched the Office records and has found no similar registered or pending mark that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d).  TMEP §704.02.  However, the examining attorney conducted the search of the Office records under the assumption that the non-Latin characters in the mark translate to COW GUY in English.  If the examining attorney’s assumption is not correct, then the examining attorney will conduct another search of the Office records and may find conflicting marks or issue other refusals or requirements based on the English meaning of the non-Latin characters in the mark.

 

The applicant must respond to the requirements listed below in order to avoid abandonment of the application.

 

Translation

An application to register a mark that includes non-English wording must include a statement translating the wording.  TMEP §809.  Knowledge of the meaning of non-English words in marks is necessary for proper examination, because a non-English term is regarded in the same way as its English equivalent in determining descriptiveness, requiring disclaimer, and citing marks under §2(d) of the Act (See TMEP §§1207.01(b)(vi) and 1209.03(g)).  Therefore, the applicant must submit a translation of the non-English wording in the mark.  37 C.F.R. §2.61(b). 

The translation should be in the following form:

                       

The non-Latin characters in the mark transliterate to “[specify],” and this

means “[specify]” in English.

 

Drawing

The applicant’s drawing is unacceptable because it is not clear; the drawing contains extraneous “dots.”  Therefore, the applicant must submit a substitute drawing that meets the specified requirements.  The requirements for a special‑form drawing are as follows:

 

(1) The drawing must appear in black and white; no color is permitted.

 

(2)  Every line and letter must be black and clear.

 

(3)  The use of gray to indicate shading is unacceptable.

 

(4)  The lining must not be too fine or too close together.

 

(5)  The preferred size of the area in which the mark is displayed is 2½ inches (6.1 cm.) high and 2½ inches (6.1 cm.) wide.  It should not be larger than 4 inches (10.3 cm.) high or 4 inches (10.3 cm.) wide.

 

(6)  If the reduction of the mark to the required size renders any details illegible, the applicant may insert a statement in the application to describe the mark and these details.

 

37 C.F.R. §2.52; TMEP §§807.01(b) and 807.07(a).  The Office will enforce these drawing requirements strictly. 

 

The Office prefers that the drawing be depicted on a separate sheet of smooth, nonshiny, white paper 8 to 8½ inches (20.3 to 21.6 cm.) wide and 11 inches (27.9 cm.) long, and that the sheet contain a heading listing, on separate lines, the applicant’s complete name; the applicant’s address; the goods or services recited in the application; and, if the application is filed under Section 1(a) of the Act, the dates of first use of the mark and of first use of the mark in commerce; or, if the application is filed under Section 44(d), the priority filing date of the foreign application.  37 C.F.R. §2.52(b); TMEP §§807.01(a), 807.01(b), 807.01(c) and 807.07(a).

 

NOTE:  The Trademark Rules pertaining to drawings were amended on November 2, 2003.  For applications filed prior to November 2, 2003, applicants may follow either the new special form drawing rules or the special form drawing rules in force prior to their amendment on November 2, 2003 (listed above).  Exam Guide 01-03, section I.B.6.

 

 

 

Identification and Classification

The identification of goods is unacceptable as indefinite because it does not describe the goods with sufficient specificity; the nature of the jelly drops is not clear.  In the identification of goods, the applicant must use the common commercial or generic names for the goods, be as complete and specific as possible, and avoid the use of indefinite words and phrases.  If the applicant chooses to use indefinite terms such as "accessories," "components," "devices," "equipment," "materials," "parts," "systems" and "products," then such terms must be followed by the word "namely" and a list of the specific goods identified by their common commercial or generic names.  TMEP §§1402.01 and 1402.03(a).

 

If there is no common commercial or generic name for the goods, then the applicant must describe the goods, the intended consumer of the goods, and the main purpose and intended uses of the goods.  TMEP §1402.01.

 

Please note that the vast majority of goods have a common commercial name.  Acceptable common commercial names are included in the Trademark Acceptable Identification of Goods & Services Manual available free of charge at the Office web site located at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/. 

 

However, the applicant may adopt the following identification of goods, if accurate:

 

Tea; coffee; ice cream; confectionery goods, namely, fudge, jelly drops, and lollipops; cookies, rice based snack foods; cakes in International Class 30.

 

Please note that, while the identification of goods and/or services may be amended to clarify or limit the goods and/or services, adding to the goods and/or services or broadening the scope of the goods and/or services is not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, applicant may not amend the identification to include goods and/or services that are not within the scope of the goods and/or services set forth in the present identification.

 

Status Check

To check status information, please use either http://tarr.uspto.gov, or call 703-305-8747 (Monday-Friday, 6:30 a.m. to 12 midnight, EST).  If additional information regarding the status of an application or registration is required, callers may telephone the Trademark Assistance Center (TAC) at (703) 308-9000 or (800) 786-9199 and request a status check.  TAC is open from 8:30 a.m. to 5:00 p.m. Eastern Standard Time, Monday through Friday, except on holidays. 

 

New Trademark Rules

New trademark rules went into effect on November 2, 2003.  Please refer to http://www.gov.uspto.report/web/offices/tac/notices/examguide1-03.htm for guidance on the new trademark rules.

 

 

 

 

 

 

 

Questions About This Action

If the applicant has any questions regarding this Office action, please call the examining attorney.

 

/Brian J. Pino/

Examining Attorney

Law Office 114

301.604.0916

703.746.8114 Facsimile

 

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.