UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

FINAL 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: 11/28/2008

 

THIS IS A FINAL ACTION.

 

This letter responds to applicant’s communication filed on October 3, 2008.  The signed declaration and the amended identification of goods and/or addition of classes 4, 5, 6, 8, 9, 11, 20, 21, 25 and 31 are all accepted and made of record.  The amended identifications in classes 3, 16, and 18 remain unacceptable.  Accordingly, the requirement for an acceptable identification of goods is maintained and made FINAL.

 

IDENTIFICATION OF GOODS – REQUIREMENTS APPLIES ONLY TO GOODS NOTED HEREIN

The wording in the class 3, 16, and 18 identification of goods needs clarification because it is too broad and could include goods classified in other international classes.  TMEP §§1402.01 and 1402.03.  Applicant may adopt the following identification of goods, if accurate. For ease of reference, the suggestions are listed in the order in which they appear in the application.  However, in its response the applicant should list the goods and services s in ascending numerical order. 

 

CLASS 3

Laundry detergent, laundry bleach, laundry fabric deodorizers, liquid fabric softener, fabric softener sheets, laundry stain remover, fabric starch, all-purpose cleaner, all purpose cleaning wipes, baby wipes, carpet cleaner, floor cleaning preparations, disinfectant soaps, drain and septic care products, namely, drain openers, oven cleaner, furniture care products, namely, furniture polishes, glass cleaner, cleaner for use on metal; dishwashing detergents, dishwashing detergent additives, automatic dishwashing detergents in the forms of tablets, liquids, gels and powders; hair care products, namely, shampoo and conditioner; oral care products, namely, tooth paste, at home whitening {Specify what the goods are, e.g., pastes, gels, creams, strips impregnated with teeth whitening preparations}, manual toothbrushes, power tooth brushes, NON-MEDICATED oral rinse, mouthwash, denture care, NAMELY {Specify device or preparation, e.g., cleaners}, dental floss, interdental implements, oral analgesics, portable oral care; foot care products, namely, non-medicated foot creams and soaks; shoe care products, namely, shoe polish and creams in Class 3

 

Laundry fabric deodorizers in Class 5;

 

Oral care products, namely at home whitening trays sold empty in Class 21;

 

Oral care products, namely manual toothbrushes, power tooth brushes in Class 21;

 

Oral care products, namely anti-cavity oral rinse in Class 5;

 

Oral care products, namely dental rinse in Class 5;

 

Dental floss in Class 21;

 

Interdental implements, NAMELY {Specify items, e.g., oral irrigators} in Class 10;

 

Oral analgesics in Class 5;

 

Portable oral care, namely (Specify nature of item, e.g., portable tooth whitening kit} in Class 3;

 

Portable oral care, namely (Specify nature of item, e.g., portable oral irrigators} in Class 10.

 

 

CLASS 16

Bath tissue, paper towels and paper napkins, facial tissue, toilet tissue, paper coffee filters for coffee makers, reusable plastic food storage bags for household use, plastic wrap, paper lunch bags, wax paper, wax paper for freezer use; cooking bags for oven use; cooking bags for microwave use; garbage bags of paper or plastic, trash bags, paper refuse bags, lawn disposal bags, table covers of paper in Class 16;

 

Baby accessories and nursing supplies, namely, bottles, DISPOSABLE BOTTLE liners, BOTTLE nipples in Class 10;

 

Baby accessories and nursing supplies, namely HAIR brushes in Class 21;

 

Baby accessories and nursing supplies, namely ELECTRIC bottle warmers in Class 11;

 

Breastfeeding supplies, namely, nursing pads, pumps, BREAST milk storage BOTTLES in Class 10;

 

The wording “therapies” is indefinite.  The applicant must clarify this wording by indicating the nature of the goods and/or their function in order to allow for proper classification.

 

Infant feeding accessories, namely, utensils, NAMELY {Specify the items, e.g., spoons} in Class 8;

 

Infant feeding accessories, namely bowls, plates, cups in Class 21;

 

Pacifiers for babies, baby pacifier holders namely, clips and teething rings in Class 10;

 

Baby toys in Class 28;

 

Baby combs and brushes in Class 21;

 

Baby toothbrushes in Class 21;

 

Baby tooth and gum cleaning apparatus, namely {Specify, e.g., tooth brush} in Class 21;

 

Thermometers in Class 9;

 

{Specify, e.g., Nasal} aspirators in Class 10;

 

Nail clippers in Class 8;

 

ELECTRIC outlet covers in Class 9;

 

NON-METAL safety latches and locks for doors and cabinets in Class 20;

 

METAL safety latches and locks for doors and cabinets in Class 6;

 

Booster seats in Class 20;

 

Bathtub mats in Class 27;

 

Baby monitors in Class 9;

 

Gift sets, NAMELY {Specify, e.g., infant clothing sets featuring one piece sleepers and underwear} in Class 25;

 

 Wash cloths, bed blankets in Class 24;

 

Cloth diapers in class 25;

 

Disposable diapers and disposable training pants in Class 16.

 

 

 

 

CLASS 18

Pet accessories, namely, leashes, collars, charms for collars, pet clothes in Class 18;

 

Pet accessories, namely bowls in Class 21;

 

Pet accessories, namely flea collars in Class 5;

 

Pet grooming needs, namely, brushes, combs in Class 21;

 

Hair trimmers in Class 8;

 

Pet grooming needs, namely bows in Class 18;

 

Pet grooming needs, namely nail trimmers in Class 8;

 

Pet grooming needs, namely tooth brushes in Class 21;

 

Pet toys in Class 28;

 

Rawhide chews for pets in Class 18;

 

Pet bedding made of cellulose or paper in Class 18;

 

Pet bedding made of feathers in Class 22;

 

Animal bedding made of {Specify, e.g., chopped straw, loose hemp, or wood shavings} in Class 31;

 

Diapers for dogs in Class 18;

 

Cat scratching posts and cat scratch pads in Class 20;

 

Impregnated cleaning cloths for pets in Class 3;

 

Cleaning clots for pets in Class 21;

 

Pet repellent in Class 5;

 

Flea and tick sprays, flea and tick baths and flea and tick medicines in Class 5.

 

TMEP §1402.01.

 

To the extent the suggested identification of goods or services is incomplete or inaccurate, the applicant is advised to consult the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html. 

 

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.

 

 

REQUIREMENTS FOR ADDITIONAL CLASSES

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; 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).

 

See 37 C.F.R. §§2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).

 

RESPONSE TO FINAL OFFICE ACTION

If applicant does not respond within six months of the mailing date of this final Office action, the goods to which the final refusal(s) and/or requirement(s) apply will be deleted from the application by Examiner’s Amendment.  The application will then proceed for the remaining goods and/or class(es).  15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).

 

Applicant may respond to this final Office action by: 

 

(1)   Submitting a response that fully satisfies all outstanding requirements, if feasible; 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), 2.64(a); TBMP ch. 1200; TMEP §714.04.

 

In certain rare circumstances, a petition to the Director may be filed pursuant to 37 C.F.R. §2.63(b)(2) to review a final Office action that is limited to procedural issues.  37 C.F.R. §2.64(a); TMEP §714.04; see 37 C.F.R. §2.146(b), TBMP §1201.05; TMEP §1704 (explaining petitionable matters).  The petition fee is $100.  37 C.F.R. §2.6(a)(15).

 

 

 

 

/Aisha Clarke/

Trademark Attorney

Law Office 101

571-272-9295 Phone

571-273-9295 Fax

 

 

RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.gov.uspto.report/teas/eTEASpageD.htm, waiting 48-72 hours if applicant received notification of the Office action via e-mail.  For technical assistance with the form, please e-mail TEAS@uspto.gov.  For questions about the Office action itself, please contact the assigned examining attorney.  Do not respond to this Office action by e-mail; 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.

 

 

 

 

 

                                                                

IMPORTANT NOTICE

USPTO OFFICE ACTION HAS ISSUED ON 11/28/2008 FOR

APPLICATION SERIAL NO. 76688580

 

Please follow the instructions below to continue the prosecution of your application:

  

VIEW OFFICE ACTION: Click on this link http://tmportal.gov.uspto.report/external/portal/tow?DDA=Y&serial_number=76688580&doc_type=OOA&mail_date=20081128 (or copy and paste this URL into the address field of your browser), or visit http://tmportal.gov.uspto.report/external/portal/tow and enter the application serial number to access the Office action.

 

PLEASE NOTE: The Office action may not be immediately available but will be viewable within 24 hours of this notification.

 

RESPONSE MAY BE REQUIRED: You should carefully review the Office action to determine (1) if a response is required; (2) how to respond; and (3) the applicable response time period. Your response deadline will be calculated from 11/28/2008.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed responses.  Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System response form at http://www.gov.uspto.report/teas/eTEASpageD.htm.

 

HELP: For technical assistance in accessing the Office action, please e-mail

TDR@uspto.gov.  Please contact the assigned examining attorney with questions about the Office action. 

 

        WARNING

1. The USPTO will NOT send a separate e-mail with the Office action attached.

 

2. Failure to file any required response by the applicable deadline will result in the ABANDONMENT of your application.