Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

RESPONSE TIME LIMIT:  TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/565653

 

This letter responds to applicant’s communication filed on 12-28-2004.

 

Telephone Response Suggested

PLEASE NOTE:  Applicant is encouraged to telephone the trademark examining attorney to resolve the issues raised below.

 

The applicant’s standard character claim and statement regarding the significance of the term “HOMECOMING” has been entered into the record and accepted.

 

The Section 2(d) refusal is hereby withdrawn.

 

The applicant’s amended identification and classification of goods and services has been entered into the record.  However, certain wording in the International Class 20 identification of goods requires clarification.  Accordingly, as detailed below the requirement for the applicant to provide an acceptable identification of goods is hereby continued and made FINAL.

 

FINAL REQUIREMENT: IDENTIFICATION OF GOODS

The applicant clarified the identification of goods by amending the typographical error “basis” to “bases.”

 

The applicant clarified the identification of goods by amending the term “urns” to “funerary urns” in Class 20. 

 

Applicant corrected the classification of the by amending to classify “caskets” and “fractional caskets” in International Class 20. 

 

Applicant deleted “metal sun dials” from the application.   

 

Applicant amended the application to classify the services in International Class 45.   

 

The applicant was advised that the wording “display equipment for displaying caskets, fractional caskets, burial vaults, miniature burial vaults, fractional burial vaults, bronze memorials” in the identification of goods is unacceptable as indefinite. The term "equipment" in the identification of goods is unacceptable as indefinite.  The applicant was required to amend the identification by stating the generic name of the item or by describing the nature and intended use of the item.  TMEP sections 804 and 804.03.   The applicant was advised that it could amend the wording to “display equipment, namely, display racks, stands, and counters for displaying caskets, fractional caskets, burial vaults, miniature burial vaults, fractional burial vaults, and bronze memorials,” in Class 20, if accurate.

 

Although the applicant amended the application to amend the above wording to “display equipment, namely, display racks, stands, and counters for displaying caskets, fractional caskets, burial vaults, miniature burial vaults, fractional burial vaults, bronze memorials” the amendment remains unacceptable because the applicant failed to include the wording “and” in the amendment before the wording “bronze memorials.”   Without the word “and”, it is unclear whether the wording that follows the term “displaying” are a list of things that the goods are used to display, or actual goods that the applicant intends on which the applicant intends to use its mark. 

The applicant must clarify the record by submitting an appropriate amendment to clarify that the wording following the term “displaying” is a list of things that the goods are used to display, rather than actual goods themselves.   The applicant may do so by inserting a semi-colon after the term “fabric” and before the term “display”, and amend the wording to “display equipment, namely, display racks, stands, shelves, and counters, all used for displaying funeral and burial and death care related merchandise for humans and animals, namely, for displaying caskets, fractional caskets, burial vaults, miniature burial vaults, fractional burial vaults, and bronze memorials” in Class 20. if accurate.

 

This requirement is continued and made FINAL.

 

RESPONSE GUIDELINES – FINAL ACTIONS

If applicant fails to respond to this final action within six months of the mailing date, the application will be abandoned.  15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).  Applicant may respond to this final action by: 

 

(1)     submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); and/or

(2)     filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class (37 C.F.R. §§2.6(a)(18) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).

 

In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2).  37 C.F.R. §2.64(a).  See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matter.  The petition fee is $100.  37 C.F.R. §2.6(a)(15).

 

 

NOTICE:  FEE CHANGE   

 

Effective January 31, 2005 and pursuant to the Consolidated Appropriations Act, 2005, Pub. L. 108-447, the following are the fees that will be charged for filing a trademark application:

 

(1) $325 per international class if filed electronically using the Trademark Electronic Application System (TEAS); or 

 

(2)   $375 per international class if filed on paper

 

These fees will be charged not only when a new application is filed, but also when payments are made to add classes to an existing application. If such payments are submitted with a TEAS response, the fee will be  $325 per class, and if such payments are made with a paper response, the fee will be $375 per class.

 

The new fee requirements will apply to any fees filed on or after January 31, 2005.

 

NOTICE:  TRADEMARK OPERATION RELOCATION

 

The Trademark Operation has relocated to Alexandria, Virginia.  Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:

 

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA  22313-1451

 

Applicants, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at http://www.gov.uspto.report/teas/index.html.

 

 

/John M. C. Kelly/

Trademark Attorney

USPTO - Trademark Law Office 112

571.272.9412

Fax: 571.273-9112 (official responses only)

 

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond formally using the Office’s Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://www.gov.uspto.report/teas/index.html and follow the instructions, but if the Office Action issued via email you must wait 72 hours after receipt of the Office Action to respond via TEAS).
• REGULAR MAIL RESPONSE:  To respond by regular mail, your response should be sent to the mailing return address above and include the serial number, law office number and examining attorney’s name in your response.

 

STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.

 

VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.

 

GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.