Offc Action Outgoing

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

Applicant must respond to each of the following requirements.

1) Clarification of Color in Drawing Needed

Applicant has submitted a drawing showing the mark with a color border, but the application indicates that the drawing is in black and white. There are only two options for presenting the mark: (1) color drawings, and (2) black and white drawings. The appearance of the color border has created an ambiguity as to whether the mark features color or is intended to be in black and white, and clarification is required. 37 C.F.R. §§2.52(b)-(b)(1); TMEP §807.07(e).

(1) If the mark is not intended to be a color mark, then applicant must submit a new drawing showing the mark in black and white (i.e., without the color border). Applicant must also submit a description of the mark.

(2) If the mark is intended to be a color mark, then applicant must (a) submit a color claim and description that includes all the colors in the mark, including black and white. The following format is suggested: “The colors black, brown, orange, yellow and white are claimed features of the mark. The colors brown, orange and yellow appear in the border on the top and right side of the mark, the stylized letter “p” appears in white, to the right of which appears a small stylized airplane behind which appear three puffs of smoke.”

2) Identification of Goods Indefinite – Clarification Required

The wording “business with screen printed clothing products” in the identification of goods needs clarification because it is indefinite.

Applicant must amend the identification of goods to specify the common commercial or generic name for the goods. If there is no common commercial or generic name for the product, then applicant must describe the product and intended consumer as well as its main purpose and intended uses. TMEP §1402.01.

Applicant may adopt the following identification of goods, if accurate:

International Class 25:

Screen printed clothing, namely, _____ {specify type, for instance, t-shirts – See ID Manual link below for assistance}

Scope Advisory

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.

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.

Response to this Action

Please note that there is no required format or form for responding to this Office action. However, applicant should include the following information on all correspondence with the Office: (1) the name and law office number of the examining attorney; (2) the serial number of this application; (3) the mailing date of this Office action; and, (4) applicant's telephone number.

When responding to this Office action, applicant must make sure to respond in writing to each refusal and requirement raised. If there is a refusal to register the proposed mark, then applicant may wish to argue against the refusal, i.e., explain why it should be withdrawn and why the mark should register. If there are other requirements, then applicant should simply set forth in writing the required changes or statements and request that the Office enter them into the application record. Applicant must also sign and date its response.

Applicant may hire a specialist attorney to assist in prosecuting this application. The Office cannot aid in the selection of a trademark attorney. 37 C.F.R. §2.11. Applicant may wish to consult the Yellow Pages for a listing of attorneys specializing in trademark or intellectual property law, or seek guidance from its local Bar Association attorney-referral service.

/Edward Fennessy/

Edward Fennessy

Trademark Examining Attorney

Law Office 114

1.571.272.8804

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.