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 76/567538

 

 

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

 

 

No Conflicting Marks Found

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.  However, the applicant must address the following informalities.

 

 

Identification of Goods

The wording “hair accessories” in the identification of goods needs clarification because it is too broad and could include goods classified in other international classes.  Applicant may substitute the following wording, if accurate:

 

Human hair extensions, synthetic hair extensions, human hair wigs, synthetic hair wigs, hair accessories, namely, [specify, e.g., hair clips] and hair ornaments in International Class 026.

 

TMEP §§1402.01 and 1402.03.

 

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 the goods listed in the present identification.  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/.

 

 

Drawing - Stylized Form and Standard Character Form Distinguished

The drawing appears to have been submitted as a typed drawing.  However, the Trademark Rules pertaining to drawings were amended on November 2, 2003.  Although the drawing appears to conform to the earlier requirements for a typed drawing, the applicant did not submit a standard character claim and therefore is presumed to have chosen a drawing depicting words, letters or numbers in stylized form.

 

The applicant may wish to amend to a standard character drawing.  In a standard character drawing, the mark on the drawing consists of only words, letters or numbers, but does not include any designs or claims as to particular font style, size, or color.  A registration for a mark using a standard character drawing affords protection not only for the standard character version of the mark, but for any possible renderings of the mark, as long as those renderings do not contain any design elements; i.e., a registered standard character drawing of the mark gives protection for display on the specimens in any lettering style.  37 C.F.R. §2.52; Exam Guide 01-03, section I; See TMEP §§807.06 et seq. and TMEP §807.07 et seq.

 

If the applicant wishes to claim a standard character drawing, the applicant must submit the following standard character claim:  “The mark is presented in standard character format 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 contact the assigned examining attorney.

 

 

 

 

/allison holtz/

Allison Holtz

Examining Attorney, Law Office 111

(703)308-9111, extension 249

 

 

 

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.