UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/648230
APPLICANT: JEN USA, INC.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: SYLVIE CELINE
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CORRESPONDENT’S REFERENCE/DOCKET NO: P-4069-23
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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MAILING/E-MAILING DATE INFORMATION: If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.
Serial Number 76/648230
Applicant’s statement the mark does not identify a particular living individual is accepted. The refusal to register based on a likelihood of confusion with the marks in U.S. Registration Nos. 1754745, 2760938, 2796738 and 2385808 are withdrawn, however, the refusals based on U.S. Registration Nos. 1000156 and 2337495 are maintained.
AMENDMENT EXCEEDS SCOPE OF ORIGINAL IDENTIFICATION
The proposed amendment to the identification cannot be accepted because it refers to goods and/or services that are not within the scope of the identification that was set forth in the application at the time of filing. While the identification of goods and/or services may be amended to clarify or limit the goods and/or services, additions to the identification or a broadening of the scope of the identification are not permitted. 37 C.F.R. §2.71(a); TMEP §§1402.06 et seq. and 1402.07. Therefore, this wording should be deleted from the identification.
Applicant may change this wording to “WALLETS” if accurate. TMEP §1402.01.
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.
Please note that the prior pending application 76572200 cited as a possible refusal is still alive and this application will be suspended upon receiving a response to this action pending resolution of that case.
/Matthew J. McDowell/
Examining Attorney
Law Office 101
United States Patent and Trademark Office
571-272-8263
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.