UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/620605

 

The assigned trademark examining attorney has reviewed the referenced application and has determined the following.

Search

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.

Informalities

Applicant must respond to the following requirement(s).

Identification of Goods or Services

 

The wording “deodorizing preparations being components of cat litter” in the identification needs clarification because it is indefinite.  Per TMEP §1402.01, Applicant may change this wording to, if accurate:  Combination cleaner and deodorizer for litter boxes in International Class 3

 

The wording “deodorizers” in the identification is broad, indefinite and requires clarification.  Applicant must amend the identification of goods to specify the common commercial or generic name for the goods.  If there is no common commercial or generic name for the product, then applicant must describe the product and intended consumer as well as its main purpose and intended uses.  TMEP §1402.01.   The applicant is advised that the Trademark Office Manual of Acceptable Identifications of Goods and Services, which includes the correct classifications of the listed goods and services, may be found online at http://tess2.gov.uspto.report/netahtml/tidm.html.  The examiner has attached a list of acceptable identifications from the manual for the applicant to review.  See attached. The applicant may find this resource to be quite useful in framing an amended and acceptable identification in this matter.  Parentheses and brackets should not be included in the actual identification adopted by the applicant. 

 

Notably, the following identification is acceptable in International Class 31: Cat litter with deodorizing properties

 

Please also note that, while an application may be amended to clarify or limit the identification, additions to or broadening the scope of the identification are not permitted.  37 C.F.R. Section 2.71(b); TMEP section 804.09.  Therefore, the applicant may not amend to include any goods or services that are not within the scope of the goods and/or services recited in the present identification.

 

Multiple Class Requirements

 

The applicant has paid for only one International Class, though the applicant’s identification encompasses more than one class.  Applicant must specify whether it intends to prosecute this application under one International Class or as a multiple-class application.

 

If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those goods and/or services 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 and/or services not covered by the fee already paid.  37 C.F.R. §2.86(a)(2); TMEP §§810.01 and 1403.01.  The fee for filing a trademark application is $335 for each class.  Applicant should note that as of our records to date, Applicant has paid for goods and/or services in one International Class.

 

 

 

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.

 

 

/C. Skye Young/

Trademark Examining Attorney

Law Office 108

Ph: (571) 272-9713

Fx: (571) 273-9713

Informal corresp: skye.young@uspto.gov

 

 

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

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.