UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/586890
APPLICANT: Oriental Trading Company, Inc.
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CORRESPONDENT ADDRESS: FITZGERALD, SCHORR, BARMETTLER |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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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 76/586890
This letter responds to the applicant's communication filed on January 14, 2005.
The applicant has proposed an amendment to the identification of goods and services. The amendment is unacceptable. For the reasons below, the requirements to amend the identification of goods and services, to amend the classification, and to comply with the requirements related to multiple class applications is maintained and made FINAL.
FINAL - IDENTIFICATION OF GOODS AND SERVICES
The identification of goods and services is unacceptable as indefinite because the precise nature of the goods and services is unclear from the present wording. For the goods, the applicant must amend the identification to specify the commercial name of the goods. If there is no common commercial name for the product, the applicant must describe the product and its intended uses. TMEP §1402.01. For the services, the applicant must amend the recitation to specify the common commercial name of the services. If there is no common commercial name for the services, the applicant must describe the services and indicate their nature. TMEP §1402.11.
The applicant may adopt the following identification, if accurate:
Class 2
Paints for arts and crafts, in International Class 2.
Wire; metal bells used for crafts, in International Class 6.
Scissors, in International Class 8.
Class 9
Magnets, in International Class 9.
Musical instruments, in International Class 15.
School supplies and educational craft items, namely, craft __________ kits [applicant must specify type of kits, e.g., arts and crafts paint kit], ___________ [applicant must specify goods intended by the wording “plastic craft ornaments.” Please note that classification will depend on the goods specified by the applicant, photo holder cards, stickers, cardboard, __________ [applicant must specify the goods intended by the wording “stencil cut outs” using common commercial terms], __________ bags [applicant must specify the type of bags], _________ boxes [applicant must specify the type of boxes], calendars, bookmarks, corkboards, paper banners [please note that plastic banners are found in Class 20 and cloth banners are in Class 24], __________ [applicant must specify the goods intended by the wording “craft split rings”], notebooks, __________ [applicant must specify the goods intended by the wording “tunnels” using common commercial terms], _____________ pins [applicant must specify the type of pins, e.g., corkboard pins. Please note that clothes pins are in Class 21 and safety pins are found in Class 26], __________ [applicant must specify the goods intended by the wording “craft snap backs, wiggle eyes” using common commercial terms], pompoms, _________ {applicant must specify the goods intended by the wording “chenille stems” using common commercial terms], paint brushes, paper drop cloths [please note that textile drop clothes are found in International Class 22], __________ [applicant must specify the goods intended by the wording “caddy holders,” e.g., marker caddies], __________ tape [applicant must specify type of tape and purpose], glue for stationary or household use, paper hole punch, pencil sharpeners, personal storage organizer, paint applicator rollers, stamp pads, __________ [applicant must specify the goods intended by the wording “paint droppers”], paper filters, crayons, chalk, dry erase writing boards, lap boards for reading and writing, chalkboards; art supplies and artists' materials, namely, stencils, cardboard, notebooks, pens, __________ [applicant must specify the goods intended by the wording “rubbing plates” using common commercial terms], __________ tape [applicant must specify type of tape and purpose], glue for stationary or household use, corkboards, paper hole punch, paint brushes, paper filters, crayons, pencil sharpeners, chalk, dry erase writing boards, lap boards for reading and writing, chalkboards, paper embossers, modeling clay and molds for modeling clay, collages, __________ [applicant must specify the goods intended by the wording “magnetic sheets,” e.g., magnetic paper. Please note that decorative magnets are found in Class 9], cellophane paper, paper drop cloths [please note that textile drop clothes are found in International Class 22], __________ [applicant must specify the goods intended by the wording “caddy holders,” e.g., marker caddies], sponge stamps, personal storage organizers, paint applicator rollers, stamp pads, and __________ [applicant must specify the goods intended by the wording “droppers” using common commercial terms], in International Class 16.
Pegboards; sand, in International Class 19.
__________ frames [applicant must specify the type of frames, e.g., paper photo frames, picture frames], decorative glitter, in International Class 20.
Plastic craft cups; plastic glue and paint bottles sold empty; paint spray bottles sold empty; bottles sold empty, in International Class 21.
Craft cordage, in International Class 22.
Yarn, in International Class 23.
Felts, in International Class 24.
Scarves, smocks, aprons, and gloves, in International Class 25.
___________ buttons [specify type]; feathers for ornamentation; ribbons; beads for handicraft work; hook and loop fastening tape; lacing needles, in International Class 26.
Toys, games, and novelty items, namely, puzzles, __________ [applicant must indicate the type of toy or game intended by the wording “straws.” Please note that drinking straws are found in Class 20], non- motorized golf carts [please note that other types of carts are found mainly in Class 12], ___________ [applicant must specify the type of toy or game intended by the wording “links and connectors”, plastic toy jewels and jewelry, ribbon sticks, flying disks, jump ropes, __________ [applicant must specify the goods intended by the wording “jumping bags, rope stompers” using common commercial terms], plastic animals, playground cones, hoops, __________ balls [applicant must specify type, e.g., basketballs, golf balls], bean bags, toy building blocks, kaleidoscopes, puppets and play food, __________ [applicant must specify type of mask, e.g., toy mask], foam wigs; toy modeling dough, in International Class 28.
Mail order catalog services in the field of school supplies and educational, craft, gift and novelty items, art supplies, art materials, toys and musical instruments, in International Class 35.
TMEP sections 1402.01 and 1402.11.
Applicant may wish to refer to the on-line identification manual on the PTO homepage for acceptable names of goods and services. The web page address is:
http://www.gov.uspto.report/web/office/tac/doc/gsmanual/
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.
Accordingly, for the reasons stated above, the requirement to amend the identification of goods and services is continued and made FINAL.
If the applicant adopts the suggested amendment to the identification of goods and services, the applicant must amend the classification to International Classes 2, 6, 8, 9, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, 28, and 35. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§805 and 1401 et seq.
The requirement to amend the classification of goods and services is maintained and made FINAL.
FINAL - PROSECUTION OF MULTIPLE CLASS APPLICATIONS – Intent-to-Use - Section 1(b)
If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following.
(1) The applicant must list the goods and services 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 and services not covered by the fee already paid. 37 C.F.R. §§2.6(a)(1) and 2.86(a); TMEP §§810.01 and 1403.01
Accordingly, for the reasons stated above, the requirement to comply with the requirements related to prosecution of multiple class applications is continued and made FINAL.
If applicant fails to respond to this final action within six months of the mailing date, the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). Applicant may respond to this final action by:
(1) submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); and/or
(2) filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class (37 C.F.R. §§2.6(a)(18) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).
In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2). 37 C.F.R. §2.64(a). See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matter. The petition fee is $100. 37 C.F.R. §2.6(a)(15).
Applicant may respond to this Office action using the Office’s Trademark Electronic Application System (TEAS) at <http://www.gov.uspto.report/teas/index.html>. When using TEAS the data the applicant submits is directly uploaded into the Office’s database, which reduces processing time and eliminates the possibility of data entry errors by the Office. Applicants are strongly encouraged to use TEAS to respond to Office actions. Applicants using TEAS should not submit a duplicate paper copy of the response.
The Trademark Applications and Registrations Retrieval (TARR) database on the USPTO website at http://tarr.uspto.gov provides detailed, up to the minute information about the status and prosecution history of trademark applications and registrations. The TARR database is available 24 hours a day, 7 days a week. Status and status date information is also available via push-button telephone at (703) 305‑8747 from 6:30 a.m. until midnight, Eastern Time, Monday through Friday.
Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class. The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00.
Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.
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.
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 18, 2004. To reach me by phone after that date call (571) 272-9195.
To submit a fax response to this Office action after that date, send your response to the Law Office fax number, namely (571) 273-9116.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
Effective January 31, 2005 and pursuant to the Consolidated Appropriations Act, 2005, Pub. L. 108-447, the following are the fees that will be charged for filing a trademark application:
(1) $325 per international class if filed electronically using the Trademark Electronic Application System (TEAS); or
(2) $375 per international class if filed on paper
These fees will be charged not only when a new application is filed, but also when payments are made to add classes to an existing application. If such payments are submitted with a TEAS response, the fee will be $325 per class, and if such payments are made with a paper response, the fee will be $375 per class.
The new fee requirements will apply to any fees filed on or after January 31, 2005.
NOTICE: TRADEMARK OPERATION RELOCATION
The Trademark Operation has relocated to Alexandria, Virginia. 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, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at http://www.gov.uspto.report/teas/index.html.
/Sharon A. Meier/
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Sharon A. Meier
Trademark Attorney, Law Office 116
571-272-9195 - phone
571-273-9112 - fax
HOW TO RESPOND TO THIS OFFICE ACTION:
STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.
VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.
GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.