Priority Action

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

PRIORITY ACTION

 

 

RESPONSE TIME LIMIT:  To avoid abandonment, the Office must receive a proper response to this Office action within six-months of the mailing or e-mailing date.  If applicant responds to the issues below within two months of the above mailing or e-mailing  date, this case will be given priority handling.  TMEP §708.01.

 

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.

 

OFFICE RECORDS SEARCH:  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.

 

QUESTIONS:  Please contact the assigned trademark examining attorney with any questions.

 

Serial Number  77/062272

 

The following were discussed in communication with ANDREW J. CORNELIUS on March 22, 2007.  Applicant must respond to each requirement raised below.

                       

Identification and Classification of Goods

The goods are:  “Dinnerware; beverage glassware; casseroles; bowls; napkin rings; vases; pie pans; pitchers; carafes; trays, not of previous metal; salt and pepper; salt and pepper grinders; teapots; coffee pots; candlestick; sugar and creamer; sugar packet holder; servingware for serving food.” 

 

The wording “salt and pepper” in the identification of goods is indefinite and needs clarification to specify the goods by common commercial name, e.g. salt and pepper shakers.  TMEP §1402.01.

 

The wording “coffee pots” in the identification of goods is indefinite and needs clarification to specify the goods by common commercial name, e.g. non-electric coffee pots not of precious metal.  TMEP §1402.01.

 

The wording “sugar and creamer” in the identification of goods is indefinite, too broad and needs clarification to specify the goods by common commercial name, e.g. sugar basins, creamer pitchers.  TMEP §1402.01.

 

The applicant may adopt the following identification, if accurate:

 

Class 021:        Dinnerware; beverage glassware; casseroles; bowls; napkin rings; vases; pie pans; pitchers; carafes; trays, not of previous metal; salt and pepper shakers; salt and pepper grinders; teapots; non-electric coffee pots not of precious metal; candlesticks; sugar basins; creamer pitchers; sugar packet holders; servingware for serving food.

 

TMEP §1402.01.

 

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 the identification of goods/services may be amended to clarify or limit the goods/services, adding to the goods/services or broadening the scope of the goods/services is not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, applicant may not amend the identification to include goods/services that are not within the scope of the goods/services set forth in the present identification.

 

If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney directly at the number below.

 

/Gilbert M. Swift/

Trademark Examining Attorney

Law Office 109

Tel. (571) 272-9028

 

 

 

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