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.

 

 

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.

 

 

Identification of Goods

 

The wording “bags” in the identification of goods is indefinite and must be clarified because bags are classified in various International classes (“IC”), depending on their function.  In addition, “camera bags” have been incorrectly classified in IC 18.  They belong in IC 9.   Likewise, “locks,” carabine[e]r locks,” and “locks and keys therefor” are misclassified.  Metal locks are in IC 6, so if the described locks are composed of metal, that fact should be stated and the goods should be classified accordingly.  The wording “lunch kits” is indefinite.  The word “kits” must be clarified to include a description of both the major components of the kit and the main purpose of the kit.  Classification of these goods is determined by the primary components of the kit.  TMEP §§1401.05, 1402.01 and 1402.03.  “Lunch bags” are in IC 16 as are “lunch bags made of textile.”  “Lunch boxes” and “lunch pails” are goods in IC 21.  Applicant must amend the description accordingly.  TMEP §1402.01.  The applicant may find the  Trademark Acceptable Identification of Goods and Services Manual useful in composing the description in this case.  That manual can be found at:  www.gov.uspto.report/web/offices/tac/doc/gsmanual/. 

 

 

Applicant may adopt the following, if accurate: 

 

CLASS 6:  Metal locks and keys therefor; metal carabiner locks

 

CLASS 9:  Camera bags

 

CLASS 16:  Lunch bags; textile lunch boxes

 

Class 18:  Backpacks; messenger bags; purses; trunks; footlockers; attaché cases; travel valet bags; cosmetic cases sold empty

 

CLASS 21:  Lunch kits COMPRISED OF LUNCH BOXES AND THERMAL INSULATED CONTAINERS FOR FOOD OR BEVERAGE;  lunch boxes; lunch pails

 

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.

 

 

Combined Applications

 

The application identifies goods and/or services that are classified in at least five classes; however, the fees submitted are sufficient for only one class.  In a multiple-class application, a fee for each class is required.  37 C.F.R. §2.86(a)(2); TMEP §§810-810.01 and 1403.01.

 

Therefore, applicant must either:  (1) restrict the application to the number of class(es) covered by the fee(s) already paid, or (2) submit the fees for the additional class(es). 

 

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.

 

 

 

 

 

/Heather D. Thompson/

Trademark Examining Attorney

Law Office 109

571.272.9287

heather.thompson1@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.