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 correspondence filed on July 13, 2007.

 

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

 

Drawing

 

The examining attorney does not accept applicant’s amended drawing.  It is not in compliance with the criteria set for a special form mark, as set forth below:

 

To submit a special-form drawing electronically via the Trademark Electronic Application System (TEAS), applicant must attach a digitized image of the mark to the communication.  The requirements for an electronically submitted special-form drawing are as follows:

 

• The digitized image must be in JPG format, formatted at no less than 300 dots per inch and no more than 350 dots per inch. 

 

• The Office recommends that the digitized image of the mark have a length and width of no smaller than 250 pixels and no larger than 944 pixels. 

 

• The drawing must appear in black and white if color is not claimed as a feature of the mark, or in color if color is claimed as a feature of the mark.

 

• All lines in the image must be clean, sharp and solid, and not fine or crowded, and produce a high-quality image when copied. 

 

37 C.F.R. §§2.52(b) and 2.53(c); TMEP §§807.04 et seq and 807.05(c). 

 

The substitute includes other wording, which the examining attorney views as a material alteration of the mark, namely,  “ HANDMADE BY.”

 

Applicant has not claimed color as a feature of the mark, thus, the mark should be reflected in black and white, as described above.

 

Applicant must submit an acceptable substitute specimen in compliance with the guidelines set forth above.

 

 

Applicant has submitted a color drawing, but has not provided the required color claim and color location statement.  Applications for color marks must include both a list of the colors that are claimed as a feature of the mark and a description of where the colors appear in the mark.  37 C.F.R. §2.52(b)(1); TMEP §807.07 et seq.  Common color names should be used to describe the colors in the mark, e.g., magenta, yellow, turquoise.  TMEP §807.07(a)(ii).

 

Applicant must submit both a color claim and color location statement using the following format: 

 

(1)    Color claim:  “The colors [specify] are claimed as a feature of the mark”; and

(2)    Color location statement:  “The color [name of color] appears in the wording [indicate wording, as appropriate] and in the design [identify design element, as appropriate].”

 

 

Identification of Goods

 

The wording “all types of ceramic” or “what knots” “vases, bowls, plates, tea pot sets” in the identification of goods is overly broad and must be clarified.  TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “Ceramic goods, namely, vases, bowls, plates, and tea pot sets in International Class  021.”

 

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.

 

 

 

 

/C. Dionne Clyburn/

Law Office 110

(571) 272-9358

 

 

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.