UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

FINAL 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. 

 

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

 

THIS IS A FINAL ACTION

 

APPLICANT HAS IDENTIFIED GOODS IN TWO CLASSES

 

Applicant responded to the previous office action by classifying the goods in Class 025, however, the action stated that only “money belts” were properly classified in Class 025.  “Briefcases” were properly classified in Class 018.  For this reason the application still faces the same problem with goods classified in two classes, yet improperly classified in a single class and with filing fees sufficient to cover only one class in any event.

 

The following requirements are now made FINAL: (1) Applicant must delete improperly classified goods OR submit additional class fee and amend to the proper classification.  37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §1401.04(b); 37 C.F.R. §2.64(a).

 

Applicant classified the goods “Currency-carrying product, namely,… brief cases” in International Class 025; however, the correct classification is International Class 018.  Applicant must either delete these goods and/or services or add International Class 018 to the application.  37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §1401.04(b).

 

If applicant decides to add class 018 to the application and prosecute 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 (current fee information should be confirmed at http://www.uspto.gov).  37 C.F.R. §2.86(a)(2); TMEP §§810 and 1403.01.

 

 

The filing fee for adding classes to an application is as follows:

 

(1)     $325 per class, when the fees are submitted with a response filed online via the Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/teas/index.html; and

 

(2)     $375 per class, when the fees are submitted with a paper response. 

 

 

37 C.F.R. §§2.6(a)(i) and (ii); TMEP §810.

 

If applicant should fail to respond to this Office action within the six month time limit, then the following goods and/or services will be deleted from the application:  “briefcases.”  The application will then proceed with following goods and/or services only: “Currency-carrying product, namely, money belts.”  37 C.F.R. §2.65(a).

 

RESPONDING TO THIS FINAL ACTION

 

For self help, the applicant may refer to the TMEP.  “TMEP” refers to the Trademark Manual of Examining Procedure (4th ed., 2005), available on the United States Patent and Trademark Office website at www.gov.uspto.report/main/trademarks.htm.  This is a detailed guidebook written by the Office to explain the laws and procedures that govern the trademark application, registration and post registration processes.

 

Although the trademark examining attorney has refused registration, applicant may respond to the refusal to register.  If applicant fails to respond to this final action within six months of the mailing date, the application will be abandoned.  15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).  Applicant may respond to this final action by: 

 

(1)   submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); and/or

 

(2)   filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class (37 C.F.R. §§2.6(a)(18) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).

 

In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2).  37 C.F.R. §2.64(a).  See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matters.  The petition fee is $100.  37 C.F.R. §2.6(a)(15).

 

If questions about this requirement remain, please call the examining attorney at 571-272-8263.

 

 

 

/Matthew J. McDowell/

Examining Attorney

Law Office 101

United States Patent and Trademark Office

(571) 272-8263

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond using the Office’s Trademark Electronic Application System (TEAS) Response to Office action form available on our website at http://www.gov.uspto.report/teas/index.html.  If the Office action issued via e-mail, you must wait 72 hours after receipt of the Office action to respond via TEAS.  NOTE:  Do not respond by e-mail.  THE USPTO WILL NOT ACCEPT AN E-MAILED RESPONSE.
• 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.  NOTE:  The filing date of the response will be the date of receipt in the Office, not the postmarked date.  To ensure your response is timely, use a certificate of mailing.  37 C.F.R. §2.197.

 

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.