Offc Action Outgoing

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  77/035704

 

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

 

Search Results

 

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.

 

Amendment to Identification and Classification of Goods is Required

 

In the identification of goods and/or services, the applicant must use the common commercial names for the goods and/or services, be as complete and specific as possible and avoid the use of indefinite words and phrases.  TMEP §§1402.01 and 1402.03(a).  In addition, before a mark may be allowed for publication, the goods and services in association with which registration is sought must be properly classified. TMEP Section 1401.

 

The present identification of goods is not acceptable because the nature, composition and/or intended purpose of several of the identified goods in each Class is not clearly stated.  As such, the current statement of goods could include goods that fall in more than the International Classes – i.e., Classes 3 and 5 – set forth in the application as filed.  Amendment to more precisely identify the goods, and to properly classify the same if applicable, is required.

 

For example, the applicant may adopt any or all of the following amended statements of goods and the corresponding classifications of the same, if applicable to the applicant’s goods:

 

Bleaching preparations and fabric softeners for laundry use; bleaching preparations for dishwashing use; dry cleaning fluids; polishing preparations for kitchenware and glassware; general purpose cleaning, polishing, scouring and abrasive liquids and powders; carpet cleaning preparations; laundry detergents; detergent soaps, disinfectant soaps, decalcifying and descaling preparations for cleaning household products; fabric softeners; laundry additives, namely, laundry starch and laundry pre-soak; stain removing preparations; soaps; perfumery, essential oils, cosmetics and hair lotions in International Class 3; and

 

Laundry additives, namely, laundry sanitizer tablets; Pharmaceutical preparations for the treatment of {specify the disease or condition to be treated, for example, skin disorders}; all purpose  disinfectants; disinfectants for hygienic purposes; disinfectants for household use, namely, disinfectant bathroom cleaners; preparations for destroying vermin; fungicides; and herbicides in International Class 5.

 

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.

 

The applicant should bear in mind that brackets and parentheses shown in the identification manual are in the nature of directional signals, the significance of which is explained in the introduction to the Identification Manual.  Parentheses and brackets should not be included in the actual identification of goods or recitation of services adopted by the applicant. 

 

Please also 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 Sections 1402.06 and 1402.07(e). Therefore, the applicant may not amend to include any goods or services that are not within the scope of the goods and services recited in the present identification.  In addition, once an item has been deleted from an identification of goods or recitation of services, it normally cannot be reinserted.

 

 

Multiple Class Application Requirements

 

If applicant prosecutes this application as a combined, or multiple-class application, applicant must comply with each of the following for those goods 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; 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.

 

Telephone Assistance is Available

 

If, after careful review of the contents of this Office Action and of the recommended Trademark Office web site links discussed above and noted below, the applicant still has questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

 

/Barbara A. Loughran/

Trademark Examining Attorney

Law Office 104

(571) 272-9189

email: barbara.loughran@uspto.gov

 

 

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.