To: | Canterbury Limited (docket@hollandhart.com) |
Subject: | TRADEMARK APPLICATION NO. 77071011 - IONX - 55047.0002 |
Sent: | 3/20/2007 10:08:13 PM |
Sent As: | ECOM101@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/071011
APPLICANT: Canterbury Limited
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: IONX
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CORRESPONDENT’S REFERENCE/DOCKET NO: 55047.0002
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 77/071011
The assigned trademark examining attorney has reviewed the referenced application and has determined the following.
PRIOR PENDING APPLICATIONS
Information is enclosed concerning pending Application Serial Nos. 78746530, 78746525 and 77009237. Although the Office records have been searched and no similar registered mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d), there may be a likelihood of confusion under Section 2(d) of the Act between applicant’s mark and the marks in the above noted applications. The filing dates of the referenced applications precede applicant’s filing date. If one or more of these earlier-filed applications registers, registration may be refused under Section 2(d). 37 C.F.R. §2.83. Therefore, upon entry of a response to the Office action, action on this case may be suspended pending final disposition of the earlier-filed applications.
If applicant believes that there is no potential conflict between this application and the earlier-filed applications, then applicant may present arguments relevant to the issue in a request to remove the application from suspension. The election to file or not to file such a request at this time in no way limits applicant’s right to address this issue at a later point.
The identification of goods contains wording which is unacceptable as indefinite and could encompass goods in more than one class. The applicant must amend the identification to specify the commercial name of the goods and to classify them correctly. If there is no common commercial name for the product, the applicant must describe the product and its intended uses. TMEP §1402.01. In particular:
For example, the identification may be amended in the following manner, if accurate:
“Medical supports and bandages, namely, orthopedic supports and orthopedic support bandages; elastic bandages including those for medical use in connection with sporting activities; medical hosiery, namely, support pantyhose; support garments and pressure garments for medical purposes, namely, post-operative pressure garments,” in Class 10;
“Athletic sporting goods in the nature of athletic wrist and joint supports,” in Class 28.
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.
For assistance with identifying 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.
Advisory: Combined Application
If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those goods/services based on an intent to use the mark in commerce under Trademark Act Section 1(b):
The filing fee for adding classes to an application is as follows:
37 C.F.R. §§2.6(a)(i) and (ii); TMEP §810.
If the applicant has any questions or needs assistance in responding to this Office action, please e-mail or telephone the assigned examining attorney.
/SMP/
Steven M. Perez
Trademark Attorney
Law Office 101
(571) 272-5888
steven.perez@uspto.gov
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.