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  77/111818

 

The following were discussed in communication with Everett E. Fruehling, Esq. on June 5, 2007.  Applicant must respond to each refusal and/or requirement raised below.

 

Identification Of Goods and Services

 

The wording “animal and pet supplies and accessories” in the identification of goods is indefinite and must be clarified because the exact nature of the goods is unknown, and proper classification depends on the specific items identified.  This identification could cover a large range of pet products, as shown below.  Applicant must also specify whether the pet houses are modular or pre-fabricated, and identify the types of pets that will live in the houses, e.g., dogs and cats.  Each use of “pad” is unclear as this could refer to a cushion, or mat, or insert; applicant must specify the use for this item if unable to clarify using the common commercial name.  The sofa, chair, and bed protective covers are indefinite as written, as they could be fitted or unfitted and made of different materials, and the current wording is awkward.  The exact nature of the “rug protectors” is also unknown and must be clarified.  TMEP §1402.01.  Additionally, none of the items identified are properly classified in Class 009.  Applicant must amend the application to classify the goods in the International Classes shown below.  37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§1401.02(a) and 1401.03(b).

 

For the applicant’s convenience, the Examining Attorney has highlighted suggested amendments and problem areas in bold type below. If applicant adopts more than one Class, applicant must comply with the Multiple Class Requirements as set forth below or delete the incorrectly classified goods and/or services.

 

• Animal and pet supplies and accessories, namely, {SPECIFY items by common commercial name, e.g., pet odor removers [INT. CLASS 003], feed supplements for pets [INT. CLASS 005], metal pet doors [INT. CLASS 006], machines for washing pets [INT. CLASS 007], heating inserts for pet beds [INT. CLASS 011], pet safety seats for use in vehicles [INT. CLASS 012], pet jewelry [INT. CLASS 014], plastic bags for disposing of pet waste [INT. CLASS 016], collars for pets [INT. CLASS 018], nonmetal pet doors [INT. CLASS 019], pet crates [INT. CLASS 020], brushes for pets [INT. CLASS 021], pet blankets [INT. CLASS 024], pet feeding mats [INT. CLASS 027], pet toys [INT. CLASS 028], pet treats [INT. CLASS 031], etc.}

 

• Fabric protectant for rugs [properly in INT. CLASS 001]

 

• Heating inserts for pet beds [properly in INT. CLASS 011]

 

• Heated car seat cover for pet safety seats for use in vehicles [properly in INT. CLASS 012]

 

• Unfitted paper furniture covers in the nature of protective covers for sofas, chairs and beds, that can be heated and/or cooled and prevent damage to furniture from pets; heated  and cooled disposable housebreaking pads for pets [properly in INT. CLASS 016] 

 

• Heated horse blankets; heated canine clothing; heated pet carriers [properly in INT. CLASS 018]

 

• Heated and cooled {INDICATE whether modular or pre-fabricated} houses for pets, namely, {INDICATE types of pets living in houses, e.g., dogs and cats} [properly in INT. CLASS 019]

 

• Heated and cooled pet cushions; heated and cooled pet beds; heated pet crates; fitted fabric furniture covers in the nature of protective covers for sofas, chairs and beds, that can be heated and/or cooled and prevent damage to furniture from pets [properly in INT. CLASS 020]

 

• Heated and cooled pet food bowls and water dishes [properly in INT. CLASS 021]

 

• Unfitted non-paper furniture covers in the nature of protective covers for sofas, chairs and beds, that can be heated and/or cooled and prevent damage to furniture from pets [properly in INT. CLASS 024]

 

• Heated rugs [properly INT. CLASS 027]

 

• Heated pet toys [properly in INT. CLASS 028]

 

Please 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 §1402.06.  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.

 

The applicant is encouraged to consult the PTO’s Acceptable ID Manual, which is available on the Patent and Trademark Office’s home page at http://tess2.gov.uspto.report/netahtml/tidm.html.  The Manual includes explanations and notices of classification policy.  The Acceptable Identification of Goods and Services Manual sets out acceptable language for identifying goods and services of various types.  Utilizing identification language from the Manual may enable trademark owners to avoid problems relating to indefiniteness with respect to the goods or services identified in their applications for registration; however, applicants should note that they must assert actual use in commerce or a bona fide intent to use the mark in commerce for the goods or services specified.  TMEP Section 1402.04.

 

Multiple Class Requirements (Intent-to-Use)

 

If the applicant prosecutes this application as a combined, or multiple‑class, application, based on intent to use in commerce under Trademark Act §1(b), 15 U.S.C. §1051(a), the applicant must comply with each of the following.

 

(1)        The applicant must list the goods by international class with the classes listed in ascending numerical order.  TMEP §1403.01.

 

(2)        The applicant must submit a filing fee for each international class of goods not covered by the fee already paid.  37 C.F.R. §§2.6(a)(1) and 2.86(a); TMEP §§810.01 and 1403.01.  The filing fee for adding classes to an application is as follows:

 

a.       $325 per class, when the fees are submitted with a response filed online via the Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/teas/index.html; and

b.      $375 per class, when the fees are submitted with a paper response.  37 C.F.R. §§2.6(a)(i) and (ii); TMEP §810.

 

Assistance

 

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.

 

 

 

 

 

 

 

/James W. Stein/

Trademark Examining Attorney

Law Office 107

Phone No. (571) 272-3056

 

 

 

NOTICE OF NEW PROCEDURE FOR E-MAILED OFFICE ACTIONS:  In late spring 2007, for any applicant who authorizes e-mail communication with the USPTO, the USPTO will no longer directly e-mail the actual Office action to the applicant.  Instead, upon issuance of an Office action, the USPTO will e-mail the applicant a notice with a link/web address to access the Office action using Trademark Document Retrieval (TDR), which is located on the USPTO website at http://portal.gov.uspto.report/external/portal/tow.  The Office action will not be attached to the e-mail notice.  Upon receipt of the notice, the applicant can then view and print the actual Office action and any evidentiary attachments using the provided link/web address.  TDR is available 24 hours a day, seven days a week, including holidays and weekends.  This new process is intended to eliminate problems associated with e-mailed Office actions that contain numerous attachments.

 

 

 

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