Offc Action Outgoing

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. However, applicant must respond to the following requirement(s).

Identification of Goods

The wording “plastic storage containers” in the identification of goods is indefinite and must be clarified because it could include goods that are classified in other international classes. Applicant must amend the wording to clearly and concisely indicate the goods being offered and classify them accordingly. TMEP §1402.01. Applicant adopt any or all of the following, if accurate:

Housewares, namely, mugs, beverage glassware, beverage stirrers, beverageware, bottle openers, portable beverage coolers, insulating sleeve holders for beverage cans, portable beverage dispensers, portable ice chests for food and beverages, thermal insulated containers for food or beverages, thermal insulated bags for food or beverages; bath accessories, namely, hair brushes, sponges, and cup holders; cleaning cloths; lunch boxes, paper cups, paper plates; pre-moistened towelettes for household cleaning; towel racks; and wiping cloths, namely, shammies; plastic storage containers for domestic use in International Class 21.

Plastic storage containers for commercial or industrial use in International Class 20.

Additions To Identification Not Permitted

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://www.gov.uspto.report/web/offices/tac/doc/gsmanual/.

Insufficient Fee

Applicant must clarify the number of classes for which registration is sought. The submitted filing fees are insufficient to cover all the classes in the application. Specifically, the application identifies goods and/or services that are classified in at least two international classes, however applicant paid the fee for only one class.

Applicant must either: (1) restrict the application to the number of class(es) covered by the fee already paid, or (2) pay the required fee for each additional class(es). 37 C.F.R. §2.86(a)(2); TMEP §§810.0l, 1401.04, 1401.04(b) and 1403.01.

Multiple Class 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 and/or services based on an intent to use the mark in commerce under 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.

Advisory

If applicant should fail to respond to this Office action within the six month time limit, then the following goods and/or services will be deleted from the application: “plastic storage containers.” The application will then proceed with the remaining goods only. 37 C.F.R. §2.65(a).

Applicant’s Response

Please note that there is no required format or form for responding to this Office action. However, applicant should include the following information on all correspondence with the Office: (1) the name and law office number of the examining attorney; (2) the serial number of this application; (3) the mailing date of this Office action; and, (4) applicant's telephone number.

For your convenience, the Trademark Status Line (703) 305-8747 has been established for immediate case status inquiry. This service is available Monday through Friday from 6:30 a.m. until Midnight Eastern time. Case status inquiry is also available through the Trademark Applications and Registrations Retrieval (TARR) database at http://tarr.uspto.gov.

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.

/Ellen J.G. Perkins/

Ellen J.G. Perkins

Examining Attorney - USPTO

Law Office 110

(571) 272-9372

RESPOND TO THIS ACTION: If there are any questions about the Office action, please contact the assigned examining attorney. A response to this Office Action should be filed using the Office’s Response to Office action form available at http://www.gov.uspto.report/teas/eTEASpageD.htm. If notification of this Office action was received via e-mail, no response using this form may be filed for 72 hours after receipt of the notification. Do not attempt to respond by e-mail as the USPTO does not accept e-mailed responses.

If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.

STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.