Offc Action Outgoing

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 76/650267

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

SEARCH RESULTS

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

IDENTIFICATION OF GOODS

The identification of goods is unacceptable because it is vague and includes goods that could be classified in other classes. The applicant must amend the identification by stating each item by its common commercial name. TMEP §§1401.04(b), 1402.01 and 1402.03.

The applicant may adopt the identification of goods, if accurate:

International Class 006

Key chains of non-precious metal

International Class 014

Earrings, key chains of precious metal

International Class 016

Pencil sharpeners

International Class 018

Leather key chains

International Class 020

Figurines of plastic; plastic ornaments, namely, [specify, e.g. party ornaments of plastic]; seasonal decorations and home décor products, namely, picture frames not of precious metal, plastic ornaments, plastic figurines, jewelry gift boxes not of metal; non-metal and non-leather key chains; figurines of [indicate bone, ivory, plaster, plastic, wax, wood]

International Class 028

Plush and stuffed toys; dolls; electronic and mechanical action toys; Christmas tree ornaments; plastic and glass ornaments water globes; liquid filled ornaments, namely, musical water globes; liquid filled ornaments, namely, [specify, e.g. water globes]; revolving water globes; electronic and mechanical controls for the abovementioned goods, sold as unit; seasonal decorations namely, plastic Christmas tree ornaments and hangers for Christmas stockings

To the extent the suggested identification is incomplete or inaccurate, the applicant is further advised that the Manual of Acceptable Identification of Goods and Services is accessible via the PTO homepage at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/.

If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following.

(1) The applicant must list the goods/services by international class with the classes listed in ascending numerical order. TMEP §1403.01.

(2) The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid. 37 C.F.R. §§2.6(a)(1) and 2.86(a); TMEP §§810.01 and 1403.01

(3) Applicant must submit:

(a) dates of first use of the mark anywhere and dates of first use of the mark in commerce; the dates of use, both anywhere and in commerce, must be at least as early as the filing date of the application. 37 C.F.R. §§ 2.34(a) (i), 2.34(a)(I(ii) and 2.86 (a)(3)

(b) one specimen showing use of the mark for each class of goods and/or services; the specimen(s) must have been in use in commerce at least as early as the filing date of the application; 37 C.F.R. §§ 2.34(a) (1) (iv) and 2.86 (a)(3); and

(c) both the dates of use and a statement that “the specimen was in use in commerce at least as early as the filing date of the application” must be verified in a notarized affidavit or a signed declaration under 37 C.F.R. §§ 2.20; 37 C.F.R. §§ 2.59(a) and 2.71(c).

Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.

STANDARD CHARACTER CLAIM

Applicant must submit the following standard character claim: “The mark is presented in standard characters without claim to any particular font style, size, or color.” 37 C.F.R. §2.52(a).

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

/ Evelyn Bradley/

Evelyn Bradley

Trademark Examiner

Law Office 105

(571) 272-9292

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.