To: | Tradex International, Inc. (email@corsarolaw.com) |
Subject: | TRADEMARK APPLICATION NO. 77254577 - AMBITEX - N/A |
Sent: | 11/21/2007 9:23:11 AM |
Sent As: | ECOM115@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/254,577
MARK: AMBITEX
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CORRESPONDENT ADDRESS: |
RESPOND TO THIS ACTION: http://www.gov.uspto.report/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION: |
APPLICANT: Tradex International, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.
ISSUE/MAILING DATE: 11/21/2007
The assigned trademark examining attorney has reviewed the referenced application and has determined the following:
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.
Applicant Must Amend The Identification Of Goods
The identification of goods is indefinite and must be clarified in order to (i) provide more information about the bouffant caps, in particular the use; (ii) indicate the composition of the disposable gloves for general use and for use in the food industry; and (iii) to specify the composition of the toilet seat covers. TMEP §1402.01.
Additionally, the wording must be clarified because it is too broad and could include goods in other international classes. TMEP §§1402.01 and 1402.03.
Applicant may adopt the following identification, if accurate:
“Protective clean room apparel, namely, disposable bouffant caps for covering hair,” in International Class 9;
“Disposable apparel, namely, bouffant caps for covering hair for medical use,” in International Class 10;
“Disposable paper toilet seat covers,” in International Class 16;
“Disposable gloves for home use; disposable {indicate material, e.g., plastic, latex, etc.} gloves for general use and for use in the food industry,” in International Class 21;
“Disposable garments, namely, bouffant caps for covering hair; disposable aprons” in International Class 25; and
Disposable hair nets for covering hair,” in International Class 26.
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 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.
Multi-Class Application Requirements
If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the requirements below for those goods and/or services based on actual use in commerce under Trademark Act Section 1(a):
(1) Applicant must list the goods/services by international class with the classes listed in ascending numerical order;
(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); and
(3) For each additional class of goods and/or services, applicant must submit:
(a) dates of first use of the mark anywhere and dates of first use of the mark in commerce, or a statement that the dates of use in the initial application apply to that class; the dates of use, both anywhere and in commerce, must be at least as early as the filing date of the application;
(b) one specimen showing use of the mark for each class of goods and/or services; the specimen must have been in use in commerce at least as early as the filing date of the application;
(c) a statement that “the specimen was in use in commerce on or in connection with the goods and/or services listed in the application at least as early as the filing date of the application;” and
(d) verification of the statements in 3(a) and 3(c) in an affidavit or a signed declaration under 37 C.F.R. §2.20. (NOTE: Verification is not required where (1) the dates of use for the added class are stated to be the same as the dates of use specified in the initial application, or (2) the original specimens are acceptable for the added class.)
37 C.F.R. §§2.6, 2.34(a), 2.59, 2.71(c), and 2.86(a); TMEP §§810, 904.09, 1403.01 and 1403.02(c).
Please note that the specimen of record are acceptable for all of the suggested classes.
Applicant Must Claim Ownership Of A Prior Registration
If applicant is the owner of U.S. Registration No. 2015744, then applicant must submit a claim of ownership. 37 C.F.R. §2.36; TMEP §812. The following standard format is suggested:
Applicant is the owner of U.S. Registration No. 2015744.
Applicant is invited to call or email the assigned examining attorney with any specific questions regarding the substance of this action.
/Katherine S. Chang/
Trademark Examining Attorney
Law Office 115
571-270-1528
katherine.chang@uspto.gov
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 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.