UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/580373
APPLICANT: BCNY International, Inc.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: SLIPPER BUDDIES
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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.
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Serial Number 76/580373 SLIPPER BUDDIES
The assigned examining attorney has reviewed the referenced application and determined the following.
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 before this application can be approved for publication the applicant must address the following informalities.
INFORMALITIES
Identification of Goods Unacceptable
The identification of goods is unacceptable as indefinite because “footwear and parts thereof” is unclear. The applicant must specify what the “parts thereof” are by setting forth the common commercial name for the goods. The applicant may adopt the following identification, if accurate:
Footwear and parts thereof, namely, [specify parts by common commercial name], in International Class 26. 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.
To the extent the suggested identification of goods or services is incomplete or inaccurate, the applicant is advised that the Trademark Acceptable Identification of Goods and Services Manual is accessible via the USPTO homepage at the following address: http://tess2.gov.uspto.report/netahtml/tidm.html.
Standard Character Drawing (advisory)
Trademark Rule 2.52, 37 C.F.R. § 2.52, has been amended to replace "typed" drawings with "standard character" drawings. Applicants who seek to register a mark without any claim as to the manner of display must submit a standard character drawing that complies with the requirements of the amended rule. Exam Guide 01-03, Section I.A.9.
The applicant must submit the following standard character claim: “The mark is presented in standard characters without claim to any particular font style, size, or color.” 37 C.F.R. §2.52(a).
The applicant must disclaim the descriptive wording “SLIPPER” apart from the mark as shown. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.03(a). The wording is merely descriptive because slippers are a type of footwear and the applicant’s goods are footwear.
A properly worded disclaimer should read as follows:
No claim is made to the exclusive right to use SLIPPER apart from the mark as shown.
A disclaimer does not remove the disclaimed matter from the mark. It is simply a statement that the applicant does not claim exclusive rights in the disclaimed wording or design apart from the mark as shown in the drawing.
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.
My Law Office will move on October 21, 2004. To reach me by phone after that date please call (571) 272- 9468.
To submit a fax response to this Office action after that date, send your response to the Law Office fax number, namely (571) 273-9115.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Kathryn E. Coward/
Trademark Examining Attorney
United States Patent and Trademark Office
Law Office 115
(703) 308-9115 ext. 161
slip·per
slip·per (slîp¹er) noun
A low shoe that can be slipped on and off easily and usually worn indoors.
— slip¹pered adjective[1]
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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.
[1]The American Heritage® Dictionary of the English Language, Third Edition copyright © 1992 by Houghton Mifflin Company. Electronic version licensed from INSO Corporation; further reproduction and distribution restricted in accordance with the Copyright Law of the United States. All rights reserved.