UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/617733
APPLICANT: ELCO HOME FASHIONS INC.
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CORRESPONDENT ADDRESS: GIBBONS, DEL DEO, DOLAN, GRIFFINGER |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: KHAKI KASUALS
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CORRESPONDENT’S REFERENCE/DOCKET NO: TM-2508000
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 76/617733
The assigned trademark examining attorney has reviewed the referenced application and has determined the following:
Search Results
The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
Amendment of Classification of Goods Required
Applicant classified the goods “vinyl place mats, vinyl table cloths, shower curtains” in International Class 016. However, the correct classification is International Class 024. Applicant must either delete these goods or add them to International Class 024. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §1401.04(b).
Applicant classified the goods “hamper” in International Class 022. However, the correct classification is International Class 020. Applicant must either delete these goods or add them to International Class 020. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §1401.04(b).
Applicant classified the goods “chair pads” in International Class 024. However, the correct classification is International Class 020. Applicant must either delete these goods or add them to International Class 020. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §1401.04(b).
Applicant classified the goods “aprons” in International Class 024; however, the correct classification is International Class 025. Applicant must either delete these goods or add International Class 025 to the application. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §1401.04(b).
Applicant classified the goods “tea cozies” in International Class 024; however, the correct classification is International Class 026. Applicant must either delete these goods or add International Class 026 to the application. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §1401.04(b).
Applicant classified the goods “ironing board pads and covers” in International Class 024; however, the correct classification is International Class 021. Applicant must either delete these goods or add them to International Class 021. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §1401.04(b).
Amendment of Identification of Goods Required
The wording “napkin rings” in the identification of goods needs clarification because it is too broad and could include goods classified in other international classes. For example, napkin rings of precious metal are classified in International Class 014. Applicant may substitute the following wording, if accurate: “napkin rings not of precious metal” in International Class 021. TMEP §§1402.01 and 1402.03.
The wording “cloths pin bags” in the identification of goods needs clarification because it is too broad and could include goods classified in other international classes. For example, plastic clothes pin bags are classified in International Class 016. Applicant may substitute the following wording, if accurate: “textile clothes pin bags” in International Class 022. TMEP §§1402.01 and 1402.03.
The wording “mesh bags” in the identification of goods needs clarification because it is too broad and could include goods classified in other international classes. For example, mesh bags for storage are classified in International Class 022 while mesh shopping bags are classified in International Class 018. Applicant may substitute the following wording, if accurate: “mesh bags for storage” in International Class 022. TMEP §§1402.01 and 1402.03.
The wording “napkins” in the identification of goods needs clarification because it is too broad and could include goods classified in other international classes. For example, textile napkins are classified in International Class 024, and paper napkins are classified in International Class 016. Applicant may substitute the following wording, if accurate: “textile napkins” in International Class 024. TMEP §§1402.01 and 1402.03.
The wording “bar stool covers” in the identification of goods needs clarification because it is too broad and could include goods classified in other international classes. For example, unfitted bar stool covers are classified in International Class 024, and fitted bar stool covers are classified in International Class 020. Applicant may substitute the following wording, if accurate: “unfitted bar stool covers” in International Class 024. TMEP §§1402.01 and 1402.03.
The wording “sheets” in the identification of goods needs clarification because it is indefinite as to the goods referenced. Applicant may change this wording to “bed sheets,” if accurate. TMEP §1402.01.
The wording “blankets” in the identification of goods needs clarification because it is indefinite as to the goods referenced. Applicant may change this wording to “bed blankets,” if accurate. TMEP §1402.01.
To summarize, applicant may adopt five or more of the following identification of goods.
Class 014 Napkin rings of precious metal
Class 016 Plastic clothes pin bags, paper napkins
Class 018 Mesh shopping bags
Class 020 Pillows, hamper, chair pads, fitted bar stool covers
Class 021 Napkin rings not of precious metal, tumbler, tooth brush holder, soap dish, waste baskets, ironing board pads and covers,
Class 022 Laundry bags, textile clothes pin bags, mesh bags
Class 024 Oven mitts, pot holders, terry kitchen towels, woven kitchen towels, huck towels, tie on towels, fabric place mats, fabric table cloths, textile napkins, unfitted bar stool covers, dish cloths, fabric table runners, decorator cushions, bath towels, hand towels, face cloths, curtains; bedspreads, duvets, duvet covers, bed sheets, pillow cases, pillow shams, bed skirts, throws, bed blankets
Class 025 Aprons
Class 026 Tea cozies
Please note that, while the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.
Information Regarding Multi-Class Applications
The application identifies goods that may be classified in several international classes. Therefore, the applicant must either: (1) restrict the application to the number of classes covered by the fee already paid, or (2) pay the required fee for each additional class. 37 C.F.R. §2.86(a)(2); TMEP §§810.0l, 1401.04, 1401.04(b) and 1403.01.
If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those goods based on an intent to use the mark in commerce under Trademark Act Section 1(b):
(1) Applicant must list the goods and/or services by international class with the classes listed in ascending numerical order. TMEP § 1403.01; and
(2) Applicant must submit a filing fee for each international class of goods not covered by the fee already paid. 37 C.F.R. §2.86(a)(2); TMEP §§810.01 and 1403.01.
Standard Character Claim Required
Applicant must submit the following standard character claim: “The mark consists of standard characters without claim to any particular font style, size, or color.” 37 C.F.R. §2.52(a); TMEP §807.03(a).
Disclaimer of “Khaki” Required
Applicant must disclaim the descriptive wording “Khaki” apart from the mark as shown because it merely describes a characteristic of the goods, namely their color. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.03(a).
The computerized printing format for the Office’s Trademark Official Gazette requires a standardized format for a disclaimer. TMEP §1213.08(a)(i). The following is the standard format used by the Office:
No claim is made to the exclusive right to use “Khaki” apart from the mark as shown.
See In re Owatonna Tool Co., 231 USPQ 493 (Comm’r Pats. 1983).
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.
/Debra Lee/
Examining Attorney
Law Office 116
Voice: 571-272-5897
Fax: 571-273-5897
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.