UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

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: 3/28/2008

 

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

 

Search Results

 

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 requirements.

 

Identification of Goods

 

Applicant submitted the following identification of goods:

 

Class 002:        Artists' materials, namely, acrylic paints and colours, dimensional colours, fabric glue, window and glass colours, PVA glues, glitter glue, ready mix tempera colours and paints, water colours, gouache colours, poster colours, oil colours, colour blocks and arts and craft paint colours; stencil designs

 

Class 016:        Adhesives used for stationery and household purposes, namely, fabric glue, PVA (polyvinyl acetate) glues, and glitter glue; and stencils

 

Please note, the identification of goods is indefinite and must be clarified because “glue”, “colours” and “stencil designs” could be categorized in more than one class.  TMEP §1402.01.

 

If accurate, applicant may adopt any or all of the following suggestions:

 

Class 001:        Adhesives for general industrial purposes; glues for industrial purposes, namely, polyvinyl acetates glues; and/or

 

Class 002:        Artists' materials, namely, paint for artists in the nature of acrylic paints and colours, dimensional colours, colours for windows and glass, ready mix tempera colours and paints, water colours, gouache colours, poster colours, oil colours, colour blocks and arts and craft paint colours; and/or

 

Class 016:        Adhesives used for stationery and household purposes, namely, fabric glue, glitter glue; stencils, stencil paper, printed stencil patterns, stencils and patterns, being of paper and plastic, for the transferring of graphic designs to pumpkins, mini-pumpkins, gourds, and other fruits and vegetables

 

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 or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at <http://tess2.uspto.gov/netahtml/tidm.html>.

 

Multiple-Class Applications

 

If applicant prosecutes this application as a multiple-class application, applicant must comply with each of the following for those goods an intent to use the mark in commerce under Trademark Act Section 1(b):

 

(1)   Applicant must list the goods by international class with the classes listed in ascending numerical order; and

 

(2)   Applicant must submit a filing fee for each international class of goods 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.

 

Conclusion

 

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.

 

 

/tfrazier/

Tamara G. Frazier

Trademark Examining Attorney

Law Office 116

Phone: (571) 272-8256

Fax:  (571) 273-8256

 

 

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.uspto.gov/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.