Offc Action Outgoing

BELLY AT THE PALMS

Canal Group, Inc.

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/559862

APPLICANT: Canal Group, Inc.

*76559862*

CORRESPONDENT ADDRESS:

Bernhard Kreten

Bernhard Kreten Esq & Associates

1331 Garden Highway Suite 300

Sacramento CA 95833

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

MARK: BELLY AT THE PALMS

CORRESPONDENT’S REFERENCE/DOCKET NO: 33287-tma

CORRESPONDENT EMAIL ADDRESS:

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.

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 76/559862

The assigned trademark examining attorney has reviewed the referenced application filed on November 14, 2003, and has 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.

IDENTIFICATION OF GOODS

The identification of goods is unacceptable as indefinite because terminology such as “clothing”, “sportswear”, “apparel”, and “accessories” are all too broad and indefinite for registration purposes. The applicant in each instance must list each and every specific item of clothing, such as “clothing, namely, shirts, pants, hats, socks and dresses.” There are certain classes of clothing which are considered acceptably definite by the Office, these are: beachwear, underwear, footwear, headwear, infantwear, loungewear, neckwear, rainwear, ski wear, sleepwear, swim wear, and tennis wear. TMEP section 804. The applicant may adopt the following identification, if accurate:

“Souvenir clothing commemorating a restaurant and cocktail lounge of the same name, namely___________________(applicant must list out specific clothing items, e.g. shirts, pants, hats, t-shirts, etc.).” International Class 025

The applicant may wish to consult the on-line identification manual on the USPTO homepage for acceptable common names of goods and services; and classification therefor.

http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/

STANDARD CHARACTER MARK

Applicant must submit the following standard character claim:

“The mark is presented in standard characters without claim to any particular font style, size, or color.” 37 C.F.R. §2.52(a).

/gy/

Gretta Yao

Attorney

United States Patent and Trademark Office

Law Office 105

703-308-9105 x 189

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.