UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/009529
APPLICANT: TWIN CITY KNITTING COMPANY, INC.
|
|
CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
|
MARK: REACS
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: R5563
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.
|
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 77/009529
The assigned trademark examining attorney has reviewed the referenced application and has determined the following:
The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
COLOR DRAWING WITH NO COLOR CLAIM
Applicant has submitted a color drawing but has not specified whether color is a feature of the mark. 37 C.F.R. §2.52(b)(1); TMEP §807.07(b). Applications for color marks must include both a list of the colors that are claimed as a feature of the mark and a description of where the color(s) appear in the mark. 37 C.F.R. §2.52(b)(1); TMEP §807.07 et seq. In addition, the color claim and location statement must identify all the colors in the mark. 37 C.F.R. §2.52(b)(1); TMEP §§807.07 et seq. Common color names should be used to describe the colors in the mark, e.g., magenta, yellow, turquoise. TMEP §807.07(a)(ii).
Therefore, applicant must clarify whether color is a feature of the proposed mark by satisfying one of the following:
(1) If color is not a feature of the proposed mark, applicant must submit a substitute black and white drawing of the mark to replace the color drawing of record. Amendments or changes to the mark will not be accepted if the changes would materially alter the mark. 37 C.F.R. §2.72; TMEP §807.14.
(2) If color is a feature of the proposed mark, applicant must submit both a statement listing all the colors claimed as a feature of the mark, and a separate statement describing where the colors appear in the mark. If black, white and gray appear in the mark and are not being used as color, the color location statement must describe where the black, white and gray appear in the mark and state that it constitutes background, outlining, shading or transparent areas and is not part of the mark. The following format is suggested: “The colors [specify] are claimed as a feature of the mark. The color [name of color] appears in the wording [indicate wording, as appropriate] and in the design [identify design element, as appropriate].”
IDENTIFICATION OF GOODS REQUIREMENT
The identification of goods is indefinite and must be clarified. Applicant must specify the common commercial or generic name for the goods. If there is no common commercial or generic name, applicant must describe the product and intended consumer as well as its main purpose and intended uses.
Applicant may adopt the following identification, if accurate: Clothing, namely shirts and pants, in International Class 25. 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.
Requirements for Multiple Class Applications
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 with the classes listed in ascending numerical order. TMEP § 1403.01; 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). 37 C.F.R. §2.86(a)(2); TMEP §§810 and 1403.01.
/Khanh M. Le/
U.S. Patent & Trademark Office
Law Office 113
(571) 272-9435
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.