To: | AROMA Handicrafts (Shenyang) Co., Ltd. (luluchang@aol.com) |
Subject: | TRADEMARK APPLICATION NO. 76555097 - AROMA - N/A |
Sent: | 5/30/04 1:26:05 PM |
Sent As: | ECom102 |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/555097
APPLICANT: AROMA Handicrafts (Shenyang) Co., Ltd.
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CORRESPONDENT ADDRESS: YU-JU CHANG LAW OFFICE OF YU-JU CHANG 12700 HILLCREST ROAD, SUITE 271 DALLAS, TX 75230
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: AROMA
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: luluchang@aol.com |
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 76/555097
This letter responds to the applicant’s communication dated May 11, 2004.
The examining attorney has reviewed the above referenced response and determined the following:
The following requirements are now made FINAL: C.F.R. §2.64(a).
The applicant must also respond to the following informalities within six months from the date of this notice:
The new specimens are accepted, except that the applicant has not indicated that the specimen was in use at the time of the filing of the application as required.
Applicant must submit a statement that “The specimen was in use in commerce at least as early as the filing date of the application,” verified with a notarized affidavit or signed declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.59(a); TMEP §904.09.
The undersigned being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. 1001, and that such willful false statements and the like may jeopardize the validity of the application or document or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.
Signature
The identification of goods remains unacceptable as indefinite. The applicant may adopt the following identification, if accurate: Puppets; Face masks in the nature of Chinese opera masks; Toy masks; Christmas tree decorations, excluding lamps and candies; Artificial Christmas trees made of synthetic materials, (in International Class 28); Rental of stage scenery, (in International Class 41; . TMEP §1402.01.
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.
For a detailed discussion of this Office's authority and rationale for requiring a specific identification of goods or services in an application, see Skoler, Trademark Identification ‑ Much Ado About Something?, 76 Trademark Rep. 224 (1986).
If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following.
(1) The applicant must list the goods/services by international class with the classes listed in ascending numerical order. TMEP §1403.01.
(2) The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid. 37 C.F.R. §§2.6(a)(1) and 2.86(a); TMEP §§810.01 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.
The requirements above are continued and made Final.
Applicant’s Response
Applicant may respond to this final action by either: (1) submitting a timely response that fully satisfies any outstanding requirements, if feasible; (2) timely filing an appeal of this final action to the Trademark Trial and Appeal Board; or (3) timely filing a petition to the Director if permitted by 37 C.F.R. §2.63(b). 37 C.F.R. §2.64(a); TMEP §715.01. Regarding petitions to the Director, See 37 C.F.R. §2.146 and TMEP Chapter 1700. If applicant fails to respond within six months of the mailing date of this refusal, the application will be abandoned. 37 C.F.R. §2.65(a).
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/pbm/
Paula B. Mays
Trademark Examining Attorney
Law Office 102
(703) 308-9102 ext. 159
Facsimile (703) 746-8102
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.