UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

FIRST 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  76/577626

 

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

 

Search Results

The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d).  TMEP §704.02.  However, applicant must respond to the following requirement(s).

 

Identification of Goods

The current wording used to describe the goods needs clarification because it could include a wide variety of goods and goods that are classified in other international classes, such as wood and plastic figurines in International Class 20 and ceramic figurines in International Class 21.  Applicant must amend the identification to clearly and concisely indicate the nature of the goods.  TMEP §1402.01.   Applicant may adopt the following identification of goods, if accurate: 

 

            Figurines namely (applicant must indicate the goods using common commercial terms, i.e. wood and plastic figurines) in International Class 20.   

            Figurines namely (applicant must indicate the goods using common commercial terms, i.e. ceramic figurines) in International Class 21.   

 

Toys, namely (applicant must indicate the goods using common commercial terms, i.e. bathtub toys and plastic character toys); games namely (applicant must indicate the goods using common commercial terms, i.e. card games and board games), dolls and figurines namely (applicant must indicate the goods using common commercial terms, i.e. modeled plastic toy figurines) in International Class 28.   

 

Additions To Identification Not Permitted

Please note that, while the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening the scope of the goods is not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.

 

For assistance with identifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/.

 

Insufficient Fee

Applicant must clarify the number of classes for which registration is sought.  The submitted filing fees are insufficient to cover all the classes in the application.  Specifically, the application identifies goods and/or services that are classified in at least two international classes, however applicant paid the fee for only one class.

 

Applicant must either: (1) restrict the application to the number of class(es) covered by the fee already paid, or (2) pay the required fee for each additional class(es).  37 C.F.R. §2.86(a)(2); TMEP §§810.0l, 1401.04, 1401.04(b) and 1403.01.

 

Multiple Class Application

If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those goods and/or services based on an intent to use the mark in commerce under Trademark Act Section 1(b):

 

(1)   Applicant must list the goods and/or services by international class with the classes listed in ascending numerical order.  TMEP § 1403.01; and

 

(2)   Applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid.  37 C.F.R. §2.86(a)(2); TMEP §§810.01 and 1403.01.

 

Applicant’s Response

Please note that there is no required format or form for responding to this Office action.  However, applicant should include the following information on all correspondence with the Office:  (1) the name and law office number of the examining attorney; (2) the serial number of this application; (3) the mailing date of this Office action; and, (4) applicant's telephone number.

 

For your convenience, the Trademark Status Line (703) 305-8747 has been established for immediate case status inquiry.  This service is available Monday through Friday from 6:30 a.m. until Midnight Eastern time.  Case status inquiry is also available through the Trademark Applications and Registrations Retrieval (TARR) database at http://tarr.uspto.gov.

 

If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney directly at the number below.

 

NOTICE - Change in USPTO Trademark Contact Information

The USPTO Trademark Operations will be moving to the new Alexandria, Virginia campus in October and November 2004.  During that time, you are strongly encouraged to communicate with the USPTO through the Trademark Electronic Application System (TEAS) which can be found at www.uspto.gov <http://www.uspto.gov> .

 

Effective October 4, 2004, all Trademark-related paper mail must be sent to:

 

                        Commissioner for Trademarks

                        P.O. Box 1451

                        Alexandria, VA  22313-1451

 

My Law Office will move on October 25, 2004.  To reach me by phone after that date call (571) 272-9372. 

 

To submit a fax response to this Office action after that date, send your response to the Law Office fax number, namely (571) 273-9110.

 

/Ellen J.G. Perkins/

Ellen J.G. Perkins

Trademark Examining Attorney

USPTO Law Office 110

(703) 308-9110 Ext. 225

 

 

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.