Offc Action Outgoing

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.

ISSUE/MAILING DATE:

Non-Final Action

This Office action is in response to applicant’s communication filed on April 1, 2013, in which the applicant proposed an amendment to the identification of goods, and argued against the refusal under Trademark Act Section 2(d).

Identification of Goods – New Issue

The proposed amendment to the identification cannot be accepted because it refers to goods and/or services that are not within the scope of the identification that was set forth in the application, as amended on September 28, 2012. See 37 C.F.R. §2.71(a). The April 1, 2013 amendment proposes the following goods:

“Air deodorizers for land vehicles, aircraft, marine craft, commercial, industrial and home use” [in International Class 005].

This wording is beyond the scope of the amended application because the previously accepted September 28, 2012 identification was limited to the following:

“Scented air deodorizing preparations for cars, rooms and households” [in International Class 005].

While an applicant may clarify or limit the identification of goods and/or services, adding to or broadening the scope is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07(a). Therefore, the applicant must delete the proposed April 1, 2013 amendment and replace it with the previously accepted September 28, 2012 amendment, or amend to the following:

“Scented air deodorizers for cars, rooms and households” [in International Class 005]

See 37 C.F.R. §2.71(a); TMEP §1402.07(d).

Section 2(d) Refusal Continued

The refusal under Trademark Act Section 2(d) [for likelihood of confusion with U.S. Registration No. 1491805] is CONTINUED.

/Nelson B. Snyder III/

Trademark Examining Attorney

Law Office 107

(571) 272-9284

nelson.snyder@uspto.gov (Informal comms only Include Serial No.)

TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.

All informal e-mail communications relevant to this application will be placed in the official application record.

WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.