UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/586783
APPLICANT: Avery, Donald R.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: LEGAL
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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 76/586783
The assigned examining attorney has reviewed the referenced application and determined the following.
Search Results
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.
Identification of Goods
The identification of goods is unacceptable as indefinite because the wording “essential oils” and “gels” is too broad. The applicant must amend the identification to specify the type of essential oils and gels. TMEP §1402.01. For example, the following wording is acceptable, if accurate: essential oils for personal use, bath and shower gels and hair gels.
The remainder of the identification of goods is acceptable as written.
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.
Drawing
The applicant inserted a color description in the application. Therefore, the applicant must submit (1) a new drawing that shows the mark in color, (2) a statement that “the colors red, yellow, blue and green are claimed as a feature of the mark.” The Office no longer accepts black and white drawings with color lining and/or a color claim. 37 C.F.R. §2.52(b)(1).
Claim of Ownership
If the applicant is the owner of Registration No. 2781501, the applicant must submit a claim of ownership. 37 C.F.R. §2.36; TMEP §812.
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.
/Patty Evanko/
Trademark Attorney
Law Office 112
703-308-9112, ext. 163
patty.evanko@uspto.gov (questions only)
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 INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.