Offc Action Outgoing

CENTURA

BEST TEXTILES ACQUISITION, LLC

Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

    SERIAL NO:           77/294053

 

    MARK: CENTURA           

 

 

        

*77294053*

    CORRESPONDENT ADDRESS:

          TERESA LEE   

          PRYOR CASHMAN LLP         

          410 PARK AVE FL 10

          NEW YORK, NY 10022-9443    

           

 

RESPOND TO THIS ACTION:

http://www.gov.uspto.report/teas/eTEASpageD.htm

 

GENERAL TRADEMARK INFORMATION:

http://www.gov.uspto.report/main/trademarks.htm

 

 

    APPLICANT:           Best Textiles International Ltd.

 

 

 

    CORRESPONDENT’S REFERENCE/DOCKET NO:  

          06826.00001        

    CORRESPONDENT E-MAIL ADDRESS: 

          

 

 

 

OFFICE ACTION

 

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:

 

The assigned examining attorney has reviewed the referenced application and determined the following.

 

No Conflicting Marks Found

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.

 

THIS REQUIREMENT APPLIES ONLY TO THE GOODS SPECIFIED THEREIN

 

Identification of Goods

The identification of goods contains some items that are unacceptable as indefinite.  Applicant must clarify the identification of goods to specify the common commercial or generic name for the goods.  If there is no common commercial or generic name, then applicant must describe the product and intended consumer as well as its main purpose and intended uses.  Applicant may adopt one or more of the following identification of goods, if accurate.  TMEP §1402.01.

 

            Medical hospital gowns; and patient examination gowns, in International Class 10.

 

Aprons, chef coats, cook shirts, and other chef apparel, namely, __________[please specify common commercial name (e.g. chef hats)]; uniforms; scrubs not for medical purposes; smocks; t-shirts, shirts; boxer shorts; scrubs not for medical purposes; robes; underclothes; pajamas; sleepwear; slippers; nurse’s apparel, namely, nurses dresses, nurses overalls, nurses pants and nurses jackets; physician coats; lab coats; and other healthcare apparel, namely, __________[please specify common commercial name (e.g. jackets, coats)], in International Class 25.

 

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 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.

 

Multiple Class Requirements Under Section 1(b)

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 Trademark Act 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.

 

 

Result of Non-Response

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:  other chef apparel, scrubs, hospital gowns, patient gowns and other healthcare apparel.  The application will then proceed with the following goods and/or services only:  aprons, chef coats, cooks shirts, uniforms, smocks, t-shirts, shirts, boxer shorts, scrubs not for medical purposes, robes, underclothes, pajamas, sleepwear, slippers, nurse’s apparel, namely, nurses dresses, nurses overalls, nurses pants and nurses jackets; physician coats, and lab coats.  37 C.F.R. §2.65(a).

 

 

/Tarah Hardy Ludlow/

Trademark Attorney

Law Office 110

571-272-9361

571-273-9110 fax

 

 

 

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.

 

 

 

 

 


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