UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/579360
APPLICANT: BUILT NY, INC.
|
*76579360*
|
CORRESPONDENT ADDRESS: EDWARD C. MEAGHER CARTER, DELUCA, FARRELL & SCHMIDT, LLP 445 BROAD HOLLOW ROAD - SUITE 225 MELVILLE, NEW YORK 11747
|
RETURN ADDRESS: Commissioner for Trademarks2900 Crystal DriveArlington, VA 22202-3514
|
MARK: BUILT NY
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: 1422-5US
CORRESPONDENT EMAIL ADDRESS:
|
Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
|
EXAMINER’S AMENDMENT/PRIORITY ACTION
OFFICE SEARCH: 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 704.02.
TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. This case will be given priority as an amended case if you respond to the requirements stated below within two months.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.
Serial Number 76/579360
In accordance with the authorization granted by Edward Meagher on June 30, 2004, the application has been AMENDED as indicated below. If the identification of goods or services has been amended, please note that any future amendments must be in accordance with 37 C.F.R. 2.71(a); TMEP section 1402.07(e). Please advise the undersigned if there is an objection to the amendment.
The following standard character drawing claim is added to the record:
The mark is presented in standard characters without claim to any particular font style, size, or color.
37 C.F.R. §2.52(a).
No claim is made to the exclusive right to use “NY” apart from the mark as shown.
This case will be given priority as an amended case if you respond to the requirements stated below within two months.
The identification of goods is unacceptable as indefinite. The applicant may adopt the following identification, if accurate:
“Tote bags; shoulder bags; travel bags; clutch bags; and carry-on bags,” in class 18 and/or
“Wine bottle cradles; thermally insulated tote bags and containers for food and beverage; thermally insulated wrap for cans to keep the contents cold or hot; containers not of precious metal for household or kitchen use,” in class 21.
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 that are not within the scope of goods set forth in the present identification.
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).
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Chrisie Brightmire King/
Chrisie Brightmire King
Trademark Attorney
Law Office 103
chrisie.king@uspto.gov
(571) 272-9179
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.
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