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  76/570624

 

This letter responds to the applicant's communication filed on 8/31/04 

 

The disclaimer is acceptable and entered.

 

 However, the amendment to the identification of goods is not acceptable and the following requirement is maintained and made FINAL.

 

Identification of Goods

 

If applicant should fail to respond to this Office action within the six month time limit, then the following goods and/or services below IN BOLD will be deleted from the application.  The application will then proceed forward for the only those goods and/or services in condition for publication.

 

 

The wording “detergents” in the identification of goods is unacceptable as indefinite.  The applicant may amend this wording to “dish and laundry detergents,” if accurate.  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.

 

Applicant is strongly encouraged to consult the Acceptable Identification of Goods and Services Manual available at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/  to ensure the appropriate specificity of goods and services.

 

Applicant is strongly encouraged to consult the Acceptable Identification of Goods and Services Manual available at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/  to ensure the appropriate specificity goods and services.

 

For a detailed discussion of this Office's authority and rationale for requiring a specific identification of goods or services in an application, see Scholar, Trademark Identification ‑ Much Ado About Something?, 76 Trademark Rep. 224 (1986).

 

The identification of goods and services must be specific and definite.  In re Society General Des Beaux Minerals de Vital S.A., 1 USPQ2d 1296 (TTAB 1986), reversed on other grounds, 824 F.2d 957, 3 USPQ2d 1450 (Fed. Cir. 1987).

 

This requirement is MAINTAINED and made FINAL.

 

Required Response

 

Please note that the only appropriate responses to a final action are (1) compliance with the outstanding requirements, if feasible, (2) filing of an appeal to the Trademark Trial and Appeal Board, or (3) filing of a petition to the Director if permitted by 37 C.F.R. §2.63(b). 37 C.F.R. §2.64(a); TMEP §715.01.  Regarding petitions to the Director, see 37 C.F.R. §2.146; TMEP Chapter 1700 regarding petitions.  If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application abandoned.  37 C.F.R. §2.65(a). 

 

PLEASE NOTE:  All of the issues raised can be resolved by telephone.  The applicant may telephone the examining attorney, instead of submitting a written response, to expedite the application.

 

 

NOTICE:  TRADEMARK OPERATION RELOCATING OCTOBER AND NOVEMBER  2004

 

The Trademark Operation is relocating to Alexandria, Virginia, in October and November 2004.  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, registration owners, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at www.uspto.gov.

 

 

 

/Shari L. Sheffield/

Shari Sheffield

Trademark Attorney

Law Office 110

703-308-9110 ext. 467

 

 

How to respond to this Office Action:

 

You may respond using the Office's Trademark Electronic Application System (TEAS) (visit http://www.gov.uspto.report/teas/index.html and follow the instructions therein), but you must wait until at least 72 hours after receipt of the e-mailed office action. PLEASE NOTE:  For those with applications filed pursuant to Section 66(a) of the Trademark Act, all responses to Office actions that include amendments to the identifications of goods and/or services must be filed on paper, using regular mail (or hand delivery) to submit such response. TEAS cannot be used under these circumstances. If the response does not include an amendment to the goods and/or services, then TEAS can be used to respond to the Office action.

 

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.