UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

FIRST OFFICE ACTION

 

RESPONSE TIME LIMIT:  TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE. 

 

Serial Number  76/626266

 

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

 

Search of Office Records

 

The examining attorney has searched the Office records and has found no similar registered or pending mark that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d).  TMEP §704.02.

 

However, the applicant’s mark cannot be approved for publication unless and until the following requirements are satisfactorily addressed:

 

Identification of Goods

 

The wording “infants’ and children’s clothing” and “sleep and play clothing” in the identification of goods need clarification because they are too broad and could include goods classified in other international classes.  The applicant may amend this identification to specify the type of clothing for which the mark is to be used or to use the wording “namely,” to render the identification acceptable.  Please note that sleeping bags are properly classified in International Class 20.  The applicant may adopt the following wording, if accurate:

 

                      Sleeping bags, in International Class 20          

 

Infants' and children's clothing, namely, underwear; undershirts; footwear; swimwear; pants; slacks; trousers; overalls; coveralls; two-piece shirt and pant sets; jeans; jumpers; jumpsuits; knit-tops; shirts; blouses; t-shirts; tank-tops; blazers; sweaters; cardigans; sweatshirts; sweatpants; skirts; dresses; shorts; shortalls; nightgowns; pajamas; robes; dressing gowns; bathrobes; socks; booties; leggings; bonnets; hats; caps; scarves; mittens; gloves; snow suits; coats; jackets; vests; baby bunting; cloth bibs; shoes; boots; slippers; bodysuits; creepers; rompers; sleep and play clothing, namely, [specify, e.g., sleepers, sleeping suits] and bloomers, in International Class 25;

 

TMEP §§1402.01 and 1402.03.

 

Please note that parentheticals are not acceptable in the identification.  Where indicated “[specify],” the examining attorney has merely suggested ways to cure the indefiniteness of the identification.  The applicant must list the services without parentheses.

 

Lastly, while the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening their scope is not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, the applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.

 

Addition of Classes

 

If applicant elects to include both International Classes 20 and 25 and 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 and/or services not covered by the fee already paid (current fee information should be confirmed at http://www.uspto.gov).  37 C.F.R. §2.86(a)(2); TMEP §§810 and 1403.01.

 

Significance of Mark

 

The applicant must specify whether the wording “02” has any significance in the applicant’s trade or industry.  Specifically, the applicant must state whether the term has any recognizable meaning in the clothing industry in general, and in the children’s clothing industry in particular.  If so, the applicant must provide a definition, explanation or clarification of this term.  37 C.F.R. §2.61(b). 

 

 

/Melissa Vallillo/

Examining Attorney

Law Office 113

Phone: (571) 272-5891

Fax: (571) 273-9113

 

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

 

• ONLINE RESPONSE:  You may respond formally using the Office’s Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://www.gov.uspto.report/teas/index.html and follow the instructions, but if the Office Action has been issued via email, you must wait 72 hours after receipt of the Office Action to respond via TEAS).
• REGULAR MAIL RESPONSE:  To respond by regular mail, your response should be sent to the mailing return address above and include the serial number, law office number and examining attorney’s name in your response.

 

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.