Offc Action Outgoing

The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62, 2.65(a); TMEP §§711, 718.03.

SEARCH OF OFFICE’S DATABASE OF MARKS

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.

CLASSIFICATION AND IDENTIFICATION OF GOODS: CLASS 9 GOODS

The wording “SOLAR LIGHTING PRODUCTS” in the identification of goods in International Class 9 is indefinite and must be clarified because it is too broad and could include goods in other international classes. See TMEP §§1402.01, 1402.03.

Additionally, goods associated with lighting are generally classified in International Class 11, not International Class 9. Thus, applicant’s goods in International Class 9 are classified incorrectly. Applicant must amend the application to reclassify its International Class 9 goods in International Class 11. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b). Applicant’s International Class 5 goods are acceptable as submitted.

Applicant may substitute and adopt the following identification in its entirety, if accurate:

International Class 5: Pest Repellents

International Class 11: Solar light fixtures, namely, indoor and outdoor solar

powered lighting units and fixtures

Please note that 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. 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 must also respond to the additional requirements set forth below.

DRAWING: MARK DESCRIPTION

The applied-for mark is not in standard characters and applicant did not provide a description of the mark with the initial application. Applications for marks not in standard characters must include an accurate and concise description of the entire mark that identifies literal elements as well as any design elements. See 37 C.F.R. §2.37; TMEP §§808 et seq.

Therefore, applicant must provide a description of the applied-for mark. The following is suggested:

The mark consists of a rectangle divided into two parts with the first part shaded and containing the word “KEN” in a stylized font and the second part left unshaded and containing the word “WOOD”.

If applicant claims color as a feature of the mark, the color claim and color location statement in the application must include all the colors in the mark, including black, white and/or gray. TMEP §807.07(d); see 37 C.F.R. §2.52(b)(1).

NAME OF AN INDIVIDUAL

Applicant must clarify whether the name in the mark, “KEN WOOD,” identifies a particular living individual.

If the name in the mark identifies a particular living individual, then applicant must submit the following:

(1) a signed, written consent from that individual, authorizing applicant to register the name as a trademark with the USPTO; and

(2) a statement that “Ken Wood identifies a living individual whose consent is of record.”

However, if the name in the mark does not identify a living individual, then applicant must submit a statement that “Ken Wood does not identify a living individual.” Trademark Act Section 2(c), 15 U.S.C. §1052(c); TMEP §§813 and 1206.

REPSONSE

If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney.

/N. Gretchen Ulrich/

N. Gretchen Ulrich

Trademark Attorney Advisor

Law Office 113

Phone: (571) 272-1951

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.