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  76/560165

 

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

 

PRELIMINARY AMENDMENT

 

The applicant’s preliminary amendment has been received and entered into the record.  The clarification of the entity is acceptable.

 

NO CONFLICTING MARKS

 

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.

 

INFORMALITIES

 

The applicant must respond to the following informalities.

Identification and Classification

 

The identification of goods is unacceptable as indefinite because “dewer bottles” is misspelled. TMEP §1402.11.  The applicant may amend this wording to “dewar bottles,” if accurate.

 

The identification of goods is unacceptable as indefinite because “coasters” does not indicate the specific nature of the goods.  TMEP §1402.11.  The applicant must clarify whether the goods are made of paper or linen.  The applicant may amend this wording to “coasters not of paper and not being table linen in Class 21,” or “coasters made of paper in Class 16,” or “cloth coasters in Class 24,” if accurate.

 

The wording “crystal” in the recitation of services is unacceptable as indefinite.  The nature of the goods is unclear.  The applicant must provide the common commercial name of the goods. TMEP §1402.11.

 

The identification of goods is unacceptable as indefinite because “china” does not indicate the specific nature of the goods.  TMEP §1402.11.  The applicant may amend this wording to “plates made of china,” if accurate.

 

The applicant has classified “stainless steel and silverplated flatware” in International Class 21.  The correct classification is International Class 8.  The applicant must either delete this wording or add International Class 8 to the application.  37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §1401.04(b).

 

The applicant has classified “flatware, flatware, namely, knives, forks, spoons and stainless steel utensils, namely, cooking spoons, forks” in International Class 21.  The correct classification is International Class 8.  The applicant must either delete this wording or add International Class 8 to the application.  37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §1401.04(b).

 

The identification of goods is unacceptable as indefinite because “non-metal decorative boxes” does not indicate the specific nature of the goods.  TMEP §1402.11.  The applicant provide the material composition of the goods or if highly specialized, specify the item that the box is used to store. The applicant may amend this wording to “plastic decorative boxes Class 20,” if accurate.

 

The applicant has classified “wind chimes” in International Class 21.  The correct classification is International Class 20.  The applicant must either delete this wording or add International Class 20 to the application.  37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §1401.04(b).

 

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 or services that are not within the scope of the goods and services recited in the present identification.

 

Additional Fees

 

The application identifies goods that may be classified in three international classes.  The applicant has submitted fees for one class.  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. 

 

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 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 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.  

 

Drawing

 

The applicant must submit a new drawing showing the mark clearly and conforming to 37 C.F.R. Section 2.52. TMEP section 807.05.  The drawing is not acceptable because it contains pixelation which will result in a poor quality reproduction.  The drawing appears fuzzy and is not sharp and clear.

 

The requirements for a special-form drawing are as follows:

 

·        The drawing must appear in black and white if color is not claimed as a feature of the mark, or in color if color is claimed as a feature of the mark.

 

·        Drawings must be typed or made with a pen or by a process that will provide high definition when copied.  A photolithographic, printer’s proof copy, or other high quality reproduction of the mark may be used.  All lines must be clean, sharp and solid, and must not be fine or crowded.

 

·        The image must be no larger than 3.15 inches (8 cm) high by 3.15 inches (8cm) wide.

 

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

 

37 C.F.R. §§2.52(b); See TMEP §§807.01(b) and 807.07(a).

 

If submitted on paper, the Office prefers that the drawing be depicted on a separate sheet of non-shiny, white paper that is 8 to 8.5 inches wide and 11 to 11.69 inches long (20.3 to 21.6 cm. wide and 27.9 to 29.7 cm. long).  One of the shorter sides of the sheet should be regarded as its top edge. In addition, the drawing should include the caption “DRAWING PAGE” at the top of the drawing beginning one-inch (2.5 cm) from the top edge.  37 C.F.R. §2.54.

 

The Office strictly enforces these drawing requirements.

 

To submit a special form drawing electronically, applicant must attach a digitized image of the mark to the submission.  The Office will only accept an image in .jpg format.  The image must be formatted at no less than 300 dots per inch and no more than 350 dots per inch; and with a length and width of no less than 250 pixels and no more than 944 pixels.  All lines in the image must be clean, sharp and solid, and not fine or crowded, and produce a high quality image when copied.  37 C.F.R. §2.53.

 

APPLICANT’S RESPONSE

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

Karla Perkins

/Karla Perkins/

Trademark Examining Attorney

Law Office 102

703-308-9102 x 169

703-746-8102 fax

Karla.Perkins@uspto.gov

 

 

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.