UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

EXAMINER’S AMENDMENT/PRIORITY 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.  If applicant responds to the issues below within two months of the above mailing or e-mailing date, this case will be given priority handling. 

 

OFFICE RECORDS 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.

 

ADVISORY – AMENDMENTS TO GOODS/SERVICES:  If the identification of goods and/or services has been amended below, any future amendments must be in accordance with 37 C.F.R. §2.71(a) and TMEP §1402.07(e).

 

QUESTIONS:  Please contact the assigned trademark examining attorney with any questions.

 

 

Serial Number 76/626674

 

EXAMINER'S AMENDMENT

 

AMENDMENT(S) AUTHORIZED:  As authorized by Rebecca Nittle on August 8, 2005, the application is amended as noted below.  If applicant disagrees with or objects to any of the amendments below, please notify the undersigned trademark examining attorney immediately.  Otherwise, no response is necessary.  TMEP §707.   

 

Standard Character Claim

The mark information in the application is amended as follows:

 

The mark is presented in standard characters without claim to any particular font style, size, or color.

 

Disclaimer

The application is amended as follows:

 

No claim is made to the exclusive right to use “JASMINE” apart from the mark as shown.

 

Identification of Goods and/or Services

The identification of goods and/or services for International Class 005 is amended to read as follows:

 

Room spray, namely, air fresheners.

 

Identification of Goods and/or Services

The identification of goods and/or services for International Class 003 is amended to read as follows:

 

Home fragrance products, namely potpourri, potpourri refresher oil, namely, scented oils for use in refreshing potpourri aroma, simmering oil, namely, scented oils used to produce aroma when heated, fragrance diffusers, namely, fragrance emitting wicks for room fragrance.

 

PLEASE NOTE:  The applicant’s identification of goods for International Class 004 is acceptable as written.

 

PRIORITY ACTION

 

Applicant must respond to each refusal and/or requirement raised below.  If applicant responds to the issues below within two months of the above mailing or e-mailing date, this case will be given priority handling.  TMEP §§708.01 and 708.05.

 

Applicant Improperly Identified the Goods and/or Services

In addition to the amendment for International Class 003 listed above, the applicant has also provided this Office with the following identification: “object potpourri,” in International Class 003.

 

The wording “object potpourri” in the recitation of goods is unacceptable as indefinite.  Based on the applicant’s description, the examining attorney cannot determine the type of potpourri objects.  The language the applicant used fails to adequately describe these products such that the average person would readily understand what the goods are. 

 

The applicant must amend the recitation to specify the common commercial name of the goods.  If there is no common commercial name for the products, the applicant must adequately describe the nature of the goods and indicate their intended use(s).  TMEP §1402.01.  The applicant may amend the identification to substitute the following wording, if accurate: 

 

Proposed identification for International Class 003:

 

Home fragrance products, namely potpourri, potpourri refresher oil, namely, scented oils for use in refreshing potpourri aroma, simmering oil, namely, scented oils used to produce aroma when heated, fragrance diffusers, namely, fragrance emitting wicks for room fragrance, object potpourri, namely, ______________ [applicant must identify the goods using their common commercial name e.g. scented shells, stones, pebbles, and pine cones coated with scented oils for use as a room fragrance].

 

Please Note:  While an application may be amended to clarify or limit the identification of goods and/or services, adding to or broadening the scope of the identification goods and/or services is not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, the applicant may not amend the identification to include any products or services that are not within the scope of the goods and/or services originally set forth in the application.

 

THE OFFICE PROVIDES AN ONLINE IDENTIFICATION REFERENCE:  In order to assist applicants properly identify goods and/or services, the Office now provides an online searchable database of acceptable identifications, along with their international classifications, in the Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html.

 

Applicant’s Response

No set form is required for response to this Office action.  When responding to this Office action, the applicant must make sure to respond in writing to each refusal and requirement raised.  The applicant must sign and date the response.  In addition, the applicant should also include the following information on all correspondence with the Office:  (1) the name and law office number of the examining attorney; (2) the serial number of this application; (3) the mailing date of this Office action; and, (4) the applicant's telephone number to speed up further processing.

 

Applicants, registration owners, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at www.uspto.gov.

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

/Michael Tanner/

Michael Tanner

Trademark Attorney

Law Office 102

Telephone: 571-272-9706

 

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