Offc Action Outgoing

This letter responds to applicant’s communication filed on April 6, 2009. Applicant 1) amended the identification and 2) provided a standard character claim. Number 2 is accepted. Number 1 is not accepted as indicated below. In addition, in light of the amended identification, the refusal to register the mark under Section 2(d) of the Trademark Act with respect to U.S. Registration No. 1975239 is withdrawn.

Furthermore, as noted below, in light of applicant’s amended identification which is more definite, the Office records have been searched and there are no similar registered or pending marks that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.

Moreover, in light of the applicant’s amended identification regarding a complete line of hunting clothing, the examining attorney has reissued the full line advisory below.

Thus, the requirement for an amended identification is continued and made FINAL.

CLASSIFICATION AND IDENTIFICATION OF GOODS

The requirement for an amended identification is now made FINAL. See 37 C.F.R. §2.64(a).

With respect to International Class 25, the wording “a complete line of hunting clothing” in the identification of goods is indefinite and must be clarified because the term “complete” is not the acceptable terminology for this type of identification. See TMEP §1402.01. Applicant should indicate “a full line of hunting clothing” which is more precise. In the alternative, if applicant is not offering a full line of clothing per se, applicant may wish to indicate with specificity the particular items of clothing provided as part of applicant’s complete line of hunting clothing which applicant has set forth as an alternative in applicant’s response.

With respect to this list, the wording “bug control clothing” does not indicate the nature of the clothing with enough specificity. Applicant must indicate the particular article of bug control clothing. The goods face masks are classified in International Class 28 with the sports gear. In addition, applicant must also indicate the specific sport in which the mask is used. The term bibs must indicate “not of paper” for proper classification in International Class 25 as apparel. In the alternative, applicant may indicate the type of bibs (i.e. ski bibs, cloth bibs, etc.). The nature of the waders must be further specified to indicate the type i.e. fishing and/or hunting waders for proper classification in International Class 25. Overall, applicant must amend the identification to specify the common commercial name of the goods. If there is no common commercial name, applicant must describe the product and its intended uses. See id.

With respect to International Class 9, the wording in the identification of goods is indefinite and must be clarified because the applicant has listed goods classified in multiple classes in one identification. See TMEP §1402.01. Applicant must list the goods and/or services by international class with the classes listed in ascending numerical order. TMEP §1403.01.

In addition, the wording “gear bags”, “shell bags”, “decoys”, “lanyards”, “hunting dog platforms”, “packs”, “camouflage fabric” “hand warmers” and “tree stands” in the identification of goods is indefinite and must be clarified because the wording does not indicate the nature of the goods with enough specificity or by common commercial name for proper identification and classification. Applicant must amend the identification to specify the common commercial name of the goods. If there is no common commercial name, applicant must describe the product and its intended uses. See id. If applicant is

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. See TMEP §1402.04.

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

Hunting equipment, namely, prefabricated metal platforms for hunting dogs, International Class 6; and/or

Hunting equipments, namely, lanyards for safety purposes for fall protection, sunglasses and binoculars, International Class 9; and/or

Hunting equipment, namely, flashlights and non-electric pocket warmers, namely, chemically-activated packets for warming hands, International Class 11; and/or

Hunting equipment, namely, boats, International Class 12; and/or

Hunting equipment, namely, watches, International Class 14; and/or

Hunting equipment, namely, shotguns, rifles and ammunition, ammunition bags, namely, shell bags, and gear bags, namely, bags specially adapted to hold shotguns and rifles, International Class 13; and/or

Hunting equipment, namely, luggage, back packs, fanny packs, waist packs and wallets, International Class 18; and/or

Hunting equipment, namely, stools, International Class 20; and/or

Hunting equipment, namely, lanyards for holding (indicate use, e.g., eyeglasses, badges, keys, etc.), International Class 22; and/or

Hunting equipment, namely, camouflage cotton fabric, International Class 22; and/or

A full line of hunting clothing, International Class 25; OR

A complete line of hunting clothing, namely, visors, hats, stocking caps, t-shirts, short sleeved shirts, long sleeved shirts, jackets, vests, parkas, pants, shirts, overalls, bibs not of paper, gloves, mittens, socks, boots, shoes, snake boots, rain jackets, rain pants, fishing and hunting waders, bug control clothing, namely, (indicate common commercial name for specific item of apparel properly classified in this class), thermal underwear, ear muffs, caps, gaiters, wading shoes, fleece pullovers, suspenders and belts; hunting equipment, namely, clothing in the nature of hand-warmers, International Class 25; and/or

Hunting equipment, namely, animal hunting decoys, gear bags, namely, hunted decoy bags, duck blinds, tree stands for hunting, and hunting stands in the nature of hunting dog platforms; a complete line of hunting clothing, namely, face masks for hunting, , International Class 28.

Identifications of goods can be amended only to clarify or limit the goods; adding to or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07. 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.

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). Applicant has only paid for two classes. The filing fee for adding classes to an application is as follows:

(1) $325 per class, when the fees are submitted with a response filed online via the Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/teas/index.html; or

(2) $375 per class, when the fees are submitted with a paper response.

37 C.F.R. §2.6(a)(1)(i)-(a)(1)(ii); TMEP §810.

SEARCH OF OFFICE RECORDS

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

FULL LINE ADVISORY

Applicant has identified its goods as a “full line” of products. Please be advised that upon filing an amendment to allege use or statement of use, applicant must provide evidence to substantiate use of the mark for a full line of products. Such evidence may comprise product catalogs or similar evidence showing broad use of the mark for a majority of the goods in the “full line.” TMEP §1402.03(c); see 37 C.F.R. §2.61(b).

If applicant is unable to provide such evidence, then applicant will be required to amend the identification to delete “full line of” and specify the common commercial or generic name for each item. See TMEP §§1402.01, 1402.03(c).

Evidence showing use of the mark on only three products is not considered sufficient to show use for a “full line” of products. An applicant who does not use the mark on a sufficient number or variety of goods in its line should not be able to procure a registration which potentially may bar the registration of another applicant who uses a similar mark on different products that could conceivably be considered part of the “full line” of products. See In re Astra Merck Inc., 50 USPQ2d 1216 (TTAB 1999).

RESPONSE TO THIS ACTION

If applicant does not respond within six months of the mailing date of this final Office action, the application will be abandoned. 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).

/Brendan D. McCauley/

Brendan D. McCauley

Examining Attorney

Law Office 114

571-272-9459

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.