UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

RESPONSE TIME LIMIT:  TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE. 

 

MAILING/E-MAILING DATE INFORMATION:  If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.

 

Serial Number  77/000917

 

The assigned examining attorney has reviewed the referenced application and determined the following.

 

Search Results

 

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

 

 

 

 

 

Identification of Goods

 

The identification of goods is unacceptable as indefinite.  The applicant may adopt the following identification, if accurate: 

 

International Class 9

Computer game software; video game software; series of pre-recorded video and audio cassettes featuring cartoons; series of pre-recorded compact discs and digital video discs featuring cartoons; electronic publications in the field of video games, computer games, cartoons and general entertainment.

 

International Class 11

Electric-fans; flashlights; lanterns; apparatus for lighting, namely, [list goods by common commercial name, e.g., lamps.

 

International Class 14

Precious metals and their alloys and goods in precious metals or coated therewith, namely, rings, bracelets, earrings and necklaces; jewellery; precious stones; watches and clocks; chronographs and chronometers.

 

International Class 16

Paper, cardboard and goods made from these materials, not included in other classes; namely, [list goods by common commercial name, e.g., boxes and bags; printed matter, namely, [specify type and subject matter, e.g, magazines featuring cartoons]; stationery; photographs; instructional and teaching material in the field of [specify subject matter, e.g., animation, cartoons];  artists materials, namely, [list by common commercial name, e.g., pens, pencils, paints, and canvas]; comic books; cartoon books; children's books; magazines featuring characters from action adventure and animation, posters featuring cartoon characters.

 

International Class 18

Leather and imitations of leather, and goods made of these materials, namely, [list goods by common commercial name, e.g., suitcases, briefcases; animal skins and hides; trunks; attaché cases; travelling bags; carry-all bags; handbags; wallets; suitcases; waist bags; school-book bags; umbrella; parasols; and leather key chains.

International Class 20

Furniture, mirrors, picture frames; drawer pulls of plastic, wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials; plastic key chains; and sleeping bags.

 

International Class 21

Mugs, cups; rice bowl; dishes; household or kitchen utensils and containers, namely, [list by common commercial name. e.g., spatulas, pots and pans; beverage glassware; porcelain and earthenware mugs, plates, and bowls.

 

International Class 24

Textiles and textile goods, namely, [list by common commercial name, e.g., bed blankets]; textile bed and table covers; shower curtain; textile sheets for making sleeping bags; and towels.

 

International Class 25

Clothing, namely, [list by common commercial name. e.g., t-shirts]; footwear and headwear.

International Class 41

The recitation of services for Class 41 is acceptable as is

 

TMEP §1402.01.

 

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.

 

Claim of Ownership

 

If the applicant is the owner of Registration No 2289622, the applicant must submit a claim of ownership.  37 C.F.R. §2.36; TMEP §812.

 

 

 

 

 

 

 

 

 

In all correspondence to the Patent and Trademark Office, the applicant should list the name and law office of the examining attorney, the serial number of this application, the mailing date of this Office action, and the applicant’s telephone number.

 

 

 

 

 

 

 

/John E. Michos/

Trademark Attorney

Law Office 105

571 272-9197

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond using the Office’s Trademark Electronic Application System (TEAS) Response to Office action form available on our website at http://www.gov.uspto.report/teas/index.html.  If the Office action issued via e-mail, you must wait 72 hours after receipt of the Office action to respond via TEAS.  NOTE:  Do not respond by e-mail.  THE USPTO WILL NOT ACCEPT AN E-MAILED RESPONSE.
• REGULAR MAIL RESPONSE:  To respond by regular mail, your response should be sent to the mailing return address above, and include the serial number, law office number, and examining attorney’s name.  NOTE:  The filing date of the response will be the date of receipt in the Office, not the postmarked date.  To ensure your response is timely, use a certificate of mailing.  37 C.F.R. §2.197.

 

STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.

 

VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.

 

GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.