UNITED STATES PATENT AND TRADEMARK OFFICE
| SERIAL NO: 76/634134 APPLICANT: ANDERTSON, KENT G. | |
| CORRESPONDENT ADDRESS: | RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451 If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
| MARK: FUTURE TOWER | |
| CORRESPONDENT’S REFERENCE/DOCKET NO: N/A 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.. |
Serial Number 76/634134
Applicant is requesting reconsideration of a final refusal dated May 1, 2006.
The applicant’s request for reconsideration does not raise any new issues but is a good faith, although incomplete, attempt to comply with all outstanding requirements or refusals. TMEP §715.03(a). Accordingly, applicant’s request for reconsideration is granted. The response is incomplete because the applicant’s recitation of services still features indefinite wording. See below.
The applicant has 30 days, or until the end of the six months from the final action, whichever is longer, to comply with the outstanding requirements or refusals. 37 C.F.R. §2.65(b). Granting the request for reconsideration does not extend the deadline for appeal. The time for appeal runs from the date the final action was mailed. 37 C.F.R. Section 2.64(b); TMEP Section 715.03(c).
Although, the wording in the identification of goods/recitation of services is acceptable, the wording for Class 035 needs clarification because much of it is unspecific. Applicant may adopt the following identification, if accurate:
Retail toy stores; retail cosmetic stores; retail music stores; retail computer stores; retail clothing stores; retail furniture stores; automobile dealerships; retail automobile parts and accessories stores; retail sporting goods stores; retail gift shops; retail jewelry stores; retail food and beverage stores; retail grocery and pharmacy stores; motorcycle stores and dealerships; air craft dealerships; boat dealerships; automobile dealerships; office supply stores; department stores; advertising services; marketing services; retail food and beverage stores; retail hobby and craft stores; retail furniture stores; retail stores featuring, toys, cosmetics, clothing, furniture, food, beverages, clothing, jewelry, electronics, automobiles; independent sales representatives in the fields of, automobiles, aircraft, electronics, technology, toys, food and cosmetics, furniture, clothing, jewelry, air craft; restaurant franchising; online retail stores featuring automobiles, toys, cosmetics, music, furniture, jewelry; online auction services in International Class 035. TMEP §1402.01.
Please note that, while the identification of goods/recitation of services may be amended to clarify or limit the goods/services, adding to the goods/services or broadening the scope of the goods/services is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include goods/services that are not within the scope of the goods set forth in the present identification.
For assistance with identifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.uspto.gov/netahtml/tidm.html.
If applicant should fail to respond to this Office action within the six-month time limit, then the unacceptable goods and/or services will be deleted from the application and the application will then proceed forward with the currently acceptable goods and/or services only.
Applicant may wish to hire a specialist attorney to assist in prosecuting this application because of the technicalities involved. The Office cannot aid in the selection of a trademark attorney. 37 C.F.R. §2.11. Applicant may wish to consult the Yellow Pages for a listing of attorneys specializing in trademark or intellectual property law, or seek guidance from its local Bar Association attorney-referral service.
Please note that there is no required format or form for responding to this Office action. However, applicant should 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) applicant's telephone number.
When responding to this Office action, applicant must make sure to respond in writing to each refusal and requirement raised. If there is a refusal to register the proposed mark, then applicant may wish to argue against the refusal, i.e., explain why it should be withdrawn and why the mark should register. If there are other requirements, then applicant should simply set forth in writing the required changes or statements and request that the Office enter them into the application record. Applicant must also sign and date its response.
If the Applicant has any questions or needs assistance in responding to this Office Action, please telephone the assigned Examining Attorney.
/Timothy J. Finnegan/
Trademark Examining Attorney
LO 104
571-272-9710