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  76/566877

 

The assigned examining attorney has reviewed the referenced application and 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. Section 1052(d). Trademark Manual of Examining Procedure Section 704.01, (3rd Edition January 2002).

 

Amend the Identification of Goods.

 

The identification of goods is unacceptable as indefinite because “clothes,” in and of itself, does not identify goods with enough specificity for the Office to properly classify them.  Greater detail must be provided.  Trademark Manual of Examining Procedure Section 1402, (3rd Edition January 2002).   In addition, this identification of goods is unacceptable as indefinite because it uses a trademark to identify its goods.  The use of a trademark, even if it is the applicant’s trademark, to identify one’s goods is inappropriate and fails to identify goods with any specificity. If a trademark or a service mark is used in the identification of goods or services, whether the mark is owned by the applicant or by someone else, it should be deleted from the identification and the common commercial name of the goods  substituted in its place.  Because a trademark or a service mark indicates origin in only one party, and because a mark may be used for many different types of goods or services, it is inappropriate to use a trademark or a service mark to identify a kind of product or services.  Camloc Fastener Corp. v. Grant, 119 USPQ 264 (TTAB 1958).

 

Trademark Manual of Examining Procedure Section 1402.09, (3rd Edition January 2002).

 

The applicant may adopt the following identification, if accurate:

 

Clothes, namely ______________ (please specify these goods by their common commercial name); shoes; headwear in International Class 25.

 

In the alternative, the applicant may adopt the following identification, if accurate:

 

Clothes, namely shoes and headwear in International Class 25.

 

Trademark Manual of Examining Procedure Section 1402, (3rd Edition January 2002).

 

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. Section 2.71(a); Trademark Manual of Examining Procedure Section 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. 

 

For additional information regarding acceptable identifications, the Trademark Manual of Acceptable Identifications and Classifications for Goods and Services is accessible on the World Wide Web at http://atlas.gov.uspto.report/netahtml/tidm.html.

 

If applicant should fail to respond to this Office action within the six-month time limit, then the unacceptable goods will be deleted from the application and the application will then proceed forward with the currently acceptable goods only.                       

 

Responding to this Office Action.

 

No set form is required for response to this Office action.  The applicant must respond to each point raised.  The applicant should simply set forth the required changes or statements and request that the Office enter them.  The applicant must sign the response.  In addition to the identifying information required at the beginning of this letter, the applicant should provide a telephone number to speed up further processing.

 

In all correspondence to the Patent and Trademark Office, the applicant should list the name and law office of the examining attorney, the serial number of this application, the mailing date of this Office action, and the applicant's telephone number.

 

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

 

/John D. Dalier/

Trademark Examining Attorney

Law Office 105

(703) 308-9105, ext. 131

john.dalier@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.