UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/563531
APPLICANT: AHG Licensing, Inc.
|
*76563531* |
CORRESPONDENT ADDRESS: ATTENTION: BRAD D. ROSE PRYOR CASHMAN SHERMAN & FLYNN LLP 410 PARK AVENUE NEW YORK, NY 10022
|
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
|
MARK: J B
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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.
|
Mark: JB Pineapple Design
Serial Number 76/563531
The assigned examining attorney has reviewed the referenced application and determined the following.
The wording “non-metal decorative wall sconces” in the identification of goods is unacceptable as indefinite. In addition, the goods are classified in an International Class other than International Class 20. The applicant may amend this wording to the following, if accurate:
Non-metal decorative wall sconces, namely, lighting fixtures; in International Class 11.
The remainder of the identification of goods is acceptable in International Class 20.
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 or services that are not within the scope of the goods and services recited in the present identification.
If the applicant adopts the suggested amendment to the identification of goods, the applicant must amend the classification to International Class 11. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§1401 et seq.
Multiple-Class Application
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 based on <an intent to use the mark in commerce under Trademark Act Section 1(b):
(1) Applicant must list the goods 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 not covered by the fee already paid. 37 C.F.R. §2.86(a)(2); TMEP §§810.01 and 1403.01.
If applicant should fail to respond to this Office action within the six month time limit, then the following goods will be deleted from the application: “non-metal decorative wall sconces.” The application will then proceed forward for the remaining goods in International Class 20. 37 C.F.R. §2.65(a).
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.
The Trademark Applications and Registrations Retrieval (TARR) database on the USPTO website at http://tarr.uspto.gov provides detailed, up to the minute information about the status and prosecution history of trademark applications and registrations. The TARR database is available 24 hours a day, 7 days a week. Status and status date information is also available via push-button telephone at (703) 305‑8747 from 6:30 a.m. until midnight, Eastern Time, Monday through Friday.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Mary E. Crawford/
Trademark Attorney
Law Office 102
(703) 308 – 9102 ext. 162
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.