UNITED STATES PATENT AND TRADEMARK OFFICE
|
SERIAL NO: 76/598064
APPLICANT: Saco International, Inc.
|
|
|
CORRESPONDENT ADDRESS:
|
Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
|
|
MARK: MAI
|
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: 2410/56521-1
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.
|
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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.
Serial Number 76/598064
The following issues were discussed in communication with Robert Horowitz on January 17, 2005.
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 use of brackets (e.g., [clothing]) in the identification of goods is unpermitted. The applicant may adopt the following formats, if accurate:
“jewelry” in International Class 14;
“beach bags, handbags, shoulder bags, purses, clutch bags” in International Class 18;
“clothing, namely, sweaters, dresses, skirts, t-shirts, tops, shawls, scarves, mufflers, gloves, hats, footwear and belts” in International Class 25.
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 or services recited in the present identification.
The applicant must indicate whether the term “MAI” has any significance in relation to the goods, in the relevant trade, any geographical significance or any meaning in a foreign language. 37 C.F.R. §2.61(b). If the term does have significance, the applicant must submit a concise description of the mark. 37 C.F.R. §2.35; TMEP §808 et seq. If the term has a meaning in a foreign language, the applicant must submit an English translation of all foreign wording. 37 C.F.R. §2.61(b); TMEP §809.
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.
/Christopher L. Buongiorno/
Law Office 102
(571) 272-9251.
How to respond to this Office Action:
You may respond formally using the Office's Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://eteas.gov.uspto.report/V2.0/oa242/WIZARD.htm and follow the instructions therein, but you must wait until at least 72 hours after receipt if the office action issued via e-mail). PLEASE NOTE: Responses to Office Actions on applications filed under the Madrid Protocol (Section 66(a)) CANNOT currently be filed via TEAS.
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