To: | Miller, Matthew (trademark@proskauer.com) |
Subject: | TRADEMARK APPLICATION NO. 77004017 - MATISYAHU - 49970-004 |
Sent: | 2/12/2007 1:01:35 PM |
Sent As: | ECOM117@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/004017
APPLICANT: Miller, Matthew
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: MATISYAHU
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CORRESPONDENT’S REFERENCE/DOCKET NO: 49970-004
CORRESPONDENT EMAIL ADDRESS: |
Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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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 77/004017
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 and Services
The Class 25 identification of goods is unacceptable as indefinite because the term “clothing” is too broad. The applicant must amend the identification to specify the common commercial names of the clothing items. TMEP §1402.01. For example, the following wording is acceptable, if accurate: clothing, namely, t-shirts, hats, and jackets.
In addition, the Class 35 identification of services is unacceptable because the wording “online retail services” is too broad. The applicant must amend this identification to indicate the type of retail services, as well as the featured items. TMEP §1402.11. For example, the following wording is acceptable, if accurate: online retail store services featuring clothing and musical recordings.
Class 41 is acceptable as written.
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.
Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.
PLEASE NOTE: Applicant is encouraged to telephone the trademark examining attorney to resolve the issues raised above.
/Patty Evanko/
Trademark Attorney
Law Office 117
571-272-9404
patty.evanko@uspto.gov (questions only)
HOW TO RESPOND TO THIS OFFICE ACTION:
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.