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  76/550427

 

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

 

No Conflicting Marks Noted

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 1105.01.

 

Insufficient Fee- Submit Additional Fee or Restrict the Number of Classes

The application identifies goods/services that may be classified in several international classes.  Therefore, the applicant must either:  (1) restrict the application to the number of class(es) covered by the fee already paid, or (2) pay the required fee for each additional class(es).  37 C.F.R. §2.86(a)(2); TMEP §§810.01, 1401.04, 1401.04(b) and 1403.01. 

 

Effective January 1, 2003, the fee for filing a trademark application is $335 for each class.  This applies to classes added to pending applications as well as to new applications filed on or after that date.  37 C.F.R. §2.6(a)(1). 

Identification/Classification of Goods

The wording in the identification of goods is unacceptable as indefinite.  The applicant must amend the identification/classification of goods to specify the common commercial name.  If there’s no common commercial name for the product, the applicant must describe the product and its intended uses. TMEP §1402.01.

 

 The applicant may adopt the following identifications/classifications, if accurate:

                       

International Class 011: A full line of plumbing fittings for water valves, water mixing valves, water mixers, water faucets namely, water valves, water mixing valves, water mixers and water faucets; showers, hand-showers, shower heads and parts thereof for all of the aforementioned goods. 

 

International Class 020: Glass mirrors for bathrooms and washrooms; furniture of metal and/or plastic and/or glass for bathrooms and washrooms; non-metal hooks. 

                       

International Class 021: **Bathroom and washroom accessories, namely towel rings, towel bars, toilet paper holders, toilet brush sets, drinking glasses and holders; kitchen accessories, namely pot and pan scrapers and brushes having a water hose component thereof; kitchen, bathroom and washroom accessories, namely water powered brushes, waste paper baskets, soap holders, soap dispensers, soap dishes, tissue and paper towel dispensers and parts thereof for all of the aforementioned goods.

 

**the applicant is responsible for reviewing and submitting an acceptable identification of goods.  Given the extensive recitation vis a vis the fees submitted, the examiner will make suggestions for one the unacceptable classes.  See below for a reference to the Identification Manual.

 

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.

 

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:

 

(1) Applicant must list the goods and/or services 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 and/or services not covered by the fee already paid.  37 C.F.R. §2.86(a)(2); TMEP §§810.01 and 1403.01.

 

Identification/Recitation Guide

The applicant is advised that the above suggestions may not be a complete listing of amended specifications available to the applicant, but are instead provided only as suggestions.  It is the applicant's duty and prerogative to identify the goods and services.   TMEP Section 804.06. 

 

For additional information about the proper identification of goods and recitation of services the applicant may refer to an on-line copy of the “Trademark Acceptable Identification of Goods and Services Manual” located at the United States Patent and Trademark Office Website,   http://atlas/netahtml/tidm.html.

 

Dual Basis

The applicant has filed relying on its claim of a bona fide intention to use the mark in commerce under Trademark Act Section 1(b), 15 U.S.C. §1051(b), and on a foreign registration under Section 44(e), 15 U.S.C. §1126(e).  The foreign registration alone may serve as the basis for obtaining a U.S. registration resulting from this application.  The applicant must advise the examining attorney, however, if the applicant intends to rely solely on the foreign registration as the basis for registration. 

 

Unless the applicant indicates otherwise, this Office will presume that the applicant wishes to rely on Section 1(b) as well as on Section 44(e) as the bases for registration.  In this case, although the application may be approved for publication, the mark will not be registered until an acceptable allegation of use has been filed. 

 

 

/Ysa de Jesus/

Trademark Attorney

US Patent and Trademark Office

(t)703.308.9114 x-476

 

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.