Offc Action Outgoing

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  76/566274

 

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

 

No Conflicting Marks Noted

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. Section 1052(d).  TMEP section 704.01.

 

Goods Indefinite

The identification of goods is unacceptable as indefinite. The applicant has identified goods that belong in additional Int. Classes at a greater cost to the applicant. The lens cleaner belongs in Int. Cl. 3. Sleep masks and swim caps are considered clothing and belong in Int. Cl. 25. The cleaning tissues and pads in Int. Cl. 9 are difficult to classify. The examining attorney suggests additional wording in an effort to keep those goods in Int. Cl. 9.  The same is true for the eye cups in Int. Cl. 10. The examining attorney assumes that the eye gel masks are medical in nature. Please explain. The swimming ear plugs and other swim apparatus now belong in Int. Cl. 9.  For assistance regarding an acceptable listing of goods and/or services, please see the on‑line searchable Manual of Acceptable Identifications of Goods and Services, at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/. The applicant may adopt the following identification, if accurate:  TMEP §1402.01.

 

Eyeglass lens cleaner in Int Cl. 3.

 

Ear care solutions in the nature of a disinfectant or antiseptic; ear care preparations, namely, medicated ear drops; ear medications; ear wax removal preparations; eye washes in Int. Cl. 5.

Hearing protectors, namely, disposable and reusable ear plugs, not for medical purposes; eyeglass cleaning cloth; eyeglass cleaning cloth in the nature of eyeglass cleaning tissues; eyeglass cords; eyeglass retainers; contact lens cases, contact lens cleaning cloths in the nature of contact lens cleaning pads, eyeglass repair kits and replacement parts for eyeglasses comprised of [specify, e.g. eyeglass frames, eyeglass lenses]; eyeglass nose and temple products, namely pince-nez mountings and hinge rings for eyeglasses; earplugs for swimming purposes; swim goggles; nose clips for swimming in Int. Cl. 9.

Medical ear syringes; medical apparatus, namely chemically activated eye gel masks for use in reducing eye swelling; chemically activated hot and cold gel packs for therapeutic and medical purposes; finger splints and finger splint parts, namely splint padding and finger cots; medical apparatus, namely eye cups for use in irrigating the eye during medical procedures; eye patches for medical use; eye and ear medicine droppers; and breathing masks, namely oxygen masks for medical use in Int. Cl. 10.

Clothing, namely sleep masks, swim caps in Int. Cl. 25

swim accessories, namely [specify, e.g. swim fins, water wing swim aids for recreational use] in Int. Cl. 28.

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.

 

Multi-class Applications

If the applicant prosecutes this application as a combined, or multiple‑class, application based on use in commerce under Trademark Act Section 1(a), 15 U.S.C. §1051(a), the applicant must comply with each of the following:

 

(1)  The applicant must specifically identify the goods in each class and 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/services not covered by the fee already paid.  37 C.F.R. §§2.6(a)(1) and 2.86(b); 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.  

 

(3)  The applicant must submit: 

 

(a) dates of first use and first use in commerce and one specimen for each class that includes goods or services based on use in commerce under Trademark Act Section 1(a).  The dates of use must be at least as early as the filing date of this application, 37 C.F.R. §§2.34(a)(1) and 2.86(a), and the specimen(s) must have been in use in commerce at least as early as the filing date of the application, and/or

 

(b) a statement of a bona fide intention to use the mark in commerce on or in connection with all the goods or services specified in each class that includes goods or services based on a bona fide intention to use the mark in commerce under Trademark Act Section 1(b), where such statement was not included for the goods or services in the original application.

 

(4)  The applicant must submit an affidavit or a declaration under 37 C.F.R. §2.20 signed by the applicant to verify (3) above.  37 C.F.R. §§2.59(a) and 2.71(c).

 

Please note that the submitted specimens are acceptable for all of the classes of goods identified above.

 

Standard Character Mark Intended

It is assumed that the applicant intended a standard character mark. Typed drawings no longer exist for applications filed on or after November 2, 2003. 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).

 

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

 

                                                                        /srb/

Steven R. Berk

Examining Attorney

Law Office 102

(703) 308-9102x210

fax: (703) 746-8102

 

 

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.