Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.

 

ISSUE/MAILING DATE:

 

This letter is in response to applicant’s communication filed on 5/18/07.

 

The refusal under Section 2(e)4 is withdrawn.

 

Applicant must respond to the following new and continued issues:

 

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).

 

Identification of Goods in Class 009

 

Applicant has amended the goods to the following:

 

“Protective safety articles, namely, clothing for protection against fire and accidents, namely, aprons, beard guards and safety vests; protective gloves for industrial use, namely, hazardous environment work gloves and disposable latex and vinyl gloves and gauntlets; heat protective gloves; flame resistant clothing, namely, leggings, throat guards, jackets, beanies, hat liners, cape sleeves and bibs and pants; protective clothing, namely, hazmat encapsulating body suits; Protective work gloves for driving; Protective cooling clothing, namely thermal wear vests, bandanas, caps, wrist wraps, head bands, neck wraps and coveralls; disposable clothing, namely, gloves, boots, coveralls, hoods, jackets, pants and shoe covers; Protective footwear, namely, boots, overshoes, shoe covers, steel toed boots and shoes, toe and metatarsal guards for use with boots; Protective head coverings, namely, bouffant hats, disposable hats, and hoods; rainwear, namely, bib overalls, hooded jackets, pants, coats, ponchos, rainsuits and sleeves; hat liners for thermal protection; insulated clothing, namely, trousers, gloves, overalls, coveralls and jackets; eye protection, namely, safety glasses and goggles; welder's protective clothing and safety equipment, namely, bibs and cape sleeves, throat guards, beanies, hat liners, hoods, jackets and coats, leggings, pants, coveralls, chaps; welding curtains welding screens and welding fabrics; head and face safety protection equipment, namely, faceshields, goggles, sweatbands, visors, bump caps, hard hats, headgear, hood windows for helmets, magnifying lenses and glass for helmets and welding helmets; hearing protection safety equipment for non-medical purposes, namely, ear plugs, ear muffs; respiratory protection for non-medical purposes, namely, masks, respirators other than for artificial respiration, hoods, helmets, air filters and regulators for use with respiratory masks, hoods and helmets; fall protection devices for fall restraint and fall prevention, namely, safety harnesses and lanyards; Ergonomic devices for non-medical use, namely, back, elbow, foot, knee and wrist supports; all for commercial, industrial and/or institutional work environments”

 

Applicant amendment is acceptable but for the following three phrases:

 

“disposable clothing, namely, gloves, boots, coveralls, hoods, jackets, pants and shoe covers”

 

“rainwear, namely, bib overalls, hooded jackets, pants, coats, ponchos, rainsuits and sleeves”

 

“welding curtains welding screens and welding fabrics”

 

Applicant must indicate the protective or safety functions of the articles. Class 9 protective clothing refers to clothing that is life preserving or protects from fire, accidents, irradiation or extreme bodily harm. It is not simply clothing that might include a safety feature, e.g., lab coats or hunting vests. Applicant must indicate that these types of protective or safety features are included with the goods or the “disposable clothing” and “rainwear”  must be amended to Class 025.

TMEP §1402.01.

 

Applicant may amend these phrases to the following:

 

“Protective disposable clothing, namely, gloves, boots, coveralls, hoods, jackets, pants and shoe covers”

 

“protective and safety clothing in the nature of rainwear, namely, bib overalls, hooded jackets, pants, coats, ponchos, rainsuits and sleeves”

 

“flame-retardant protective clothing items, namely, welding curtains, welding screens and welding fabrics”

 

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

 

For assistance with identifying and classifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html.

 

 

 

 

Possible Additional Fees Required

 

If applicant prosecutes 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.

 

 

 

 

 

 

 

 

/Ernest Shosho/

Trademark Attorney

Law Office 117

571-272-9705

 

 

RESPOND TO THIS ACTION: If there are any questions about the Office action, please contact the assigned examining attorney. A response to this Office Action should be filed using the Office’s Response to Office action form available at http://www.gov.uspto.report/teas/eTEASpageD.htm.  If notification of this Office action was received via e-mail, no response using this form may be filed for 72 hours after receipt of the notification.  Do not attempt to respond by e-mail as the USPTO does not accept e-mailed responses.

 

If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response.  Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.

 

STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov.  When conducting an online status check, print and maintain a copy of the complete TARR screen.  If the status of your application has not changed for more than six months, please contact the assigned examining attorney.