UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/559844
APPLICANT: PDS Associates, Inc.
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CORRESPONDENT ADDRESS: JESSICA L. ROTHSTEIN GOODWIN PROCTER LLP 599 LEXINGTON AVENUE NEW YORK, NY 10022
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: AMÉLIE
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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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The assigned examining attorney has reviewed the referenced application and determined the following.
Search Results
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. However, before the mark can be approved for publication, the applicant must address the following informalities:
Payment of Filing Fees
The applicant specifically authorized the debt of a single filing fee for a single class of goods. The applicant filed a two-class application. The filing fee for each class is $335.00. As such the applicant must provide a second filing fee of $335.00 or an additional authorization for the second class of goods identified in the application. In the alternate, the applicant may delete one class of goods from the application. TMEP §202.03(a).
Identification of Goods in International Class 11
Some of the wording in the identification of goods is unacceptable as indefinite or too broad as it could include goods classified in other classes. The applicant must amend the identification to specify the commercial name of the goods. If there is 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 identification of goods, if accurate:
Plumbing fittings, namely spouts for tubs and baths; faucets; shower control valves; tub
Fillers, namely (specify the common commercial name of the goods); shower systems
comprised of (specify the major components of the systems) ; hand shower systems
comprised of (specify the major components of the systems); valve trim, namely (specify
the common commercial name of the goods and if necessary the specific use of the goods);
tub and bath mixers, namely (specify the common commercial name of the goods and if
necessary the use of the goods); bidet fittings, namely (specify the common commercial
name of the goods), in International Class 11
Please be advised that the nature of the applicant’s “tubs fillers, valve trim and tub and bath mixers” are not clear from the present record. The applicant must submit samples of advertisements or promotional materials for these goods. If such materials are not available, the applicant must submit a photograph of the goods and describe their specific nature, purpose and channels of trade. 37 C.F.R. §2.61(b); TMEP §§814 and 1402.01(d). In addition the applicant may wish to adopt a more specific identification of goods as indicated above.
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.
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.
For inquiries or questions about this office action, please contact the assigned examining attorney.
/Jeffrey S. DeFord/
/JSD/
Examining Attorney
United States Patent & Trademark Office
Law Office 115
(703) 308-9115 x 197