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: 7/11/2008

 

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue(s) below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62, 2.65(a); TMEP §§711, 718.03.

 

SEARCH OF OFFICE’S DATABASE OF MARKS

 

 

The Office records have been searched and there are no similar registered or pending marks that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.

 

IDENTIFICATION OF GOODS

 

The identifications of goods in International Classes 5 and 6 are acceptable as written.

 

The identifications of goods in International Classes 20; 21 and 22 are indefinite and must be clarified because they include overbroad and indefinite terms.  See TMEP §1402.01.  Applicant may adopt the following identification, if accurate: 

 

home storage and organizing systems, namely clothes hangers, pant hangers, skirt hangers, hanger caddies, non-metal clothing and accessory hooks and clips, boot racks, garment racks, shoe racks, shelves, tie racks, pant racks, skirt racks, blouse trees, plastic sweater boxes, plastic shirt boxes, plastic tie boxes, wardrobe storage units with covers, baskets, plastic wall mounts, over-the-door hooks, over-the-door organizers, stackable shelves, under-the-sink shelves, stackable bins, closet and storage shelving, all sold as a unit; laundry accessories, namely, laundry hampers, laundry baskets, in International Class 20;. 

 

shoe trees; laundry accessories, namely clothes pins, empty spray bottles, retractable clothes lines, laundry baskets, clothes drying racks, stackable clothes drying racks; ironing boards, ironing accessories, namely, iron caddies and silicone arm rests for irons, in International Class 21;

 

garment bags for storage, laundry accessories, namely, mesh bags, cloth clothes pin bags, laundry bags, in International Class 22.

 

The wording “storage bins” in the identification of goods is indefinite and must be clarified because it could include goods in several classes.  See TMEP §1402.01.

 

The wording “laundry sorters” in the identification of goods is indefinite and must be clarified because it is unclear what the goods consist of.  See TMEP §1402.01.

 

The wording “garage storage systems and accessories” in the identification of goods is indefinite and must be clarified because it is overbroad and could include goods in more than one class.  See TMEP §1402.01.

 

The wording “storage bags” in the identification of goods is indefinite and must be clarified because it could include goods in more than one class.  See TMEP §1402.01.

 

The wording “stackable laundry dryers” in the identification of goods is indefinite and must be clarified because it could include goods in more than one class.  See TMEP §1402.01.

 

The wording “drying racks for indoor and outdoor use” in the identification of goods is indefinite and must be clarified because it is overbroad.  See TMEP §1402.01.

 

Applicant classified the goods and/or services “laundry baskets” in International Class 20; however, the correct classification is International Class 21.  Applicant must amend the class of these goods.  37 C.F.R. §§2.32(a)(7),  2.85; TMEP §§1401.02(a), 1401.04(b).

 

Applicant classified the goods and/or services “retractable clothes lines” in International Class 21; however, the correct classification is International Class 22.  Applicant must amend the class of these goods.  37 C.F.R. §§2.32(a)(7),  2.85; TMEP §§1401.02(a), 1401.04(b).

 

 

 

Although identifications of goods and/or services may be amended to clarify or limit the goods and/or services, adding to or broadening the scope of the goods and/or services is not permitted.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07.  Therefore, applicant may not amend the identification to include goods and/or services that are not within the scope of the goods and/or services 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.  See TMEP §1402.04.

 

MULTIPLE CLASSES

 

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 under Trademark Act Section 1(b) and/or a foreign registration under Section 44(e):

 

(1)     Applicant must list the goods and/or services by international class; 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).

 

See 37 C.F.R. §§2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).

 

The filing fee for adding classes to an application is as follows:

 

         (1)     $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; or

 

         (2)     $375 per class, when the fees are submitted with a paper response. 

 

37 C.F.R. §2.6(a)(1)(i)-(a)(1)(ii); TMEP §810.

 

DUAL BASIS – SECTION 1(b) AND SECTION 44(d) - ALTERNATIVES

The applicant has filed asserting a bona fide intention to use the mark in commerce under Trademark Act Section 1(b), 15 U.S.C. Section 1051(b), and claiming priority under Section 44(d), 15 U.S.C. Section 1126(d), based on a foreign application.  Under these circumstances, the applicant may rely solely on its intent to use the mark in commerce as the basis for registration and not the expected foreign registration, and still claim the benefit of the priority filing date. If the applicant chooses to do so, this Office will approve the case for publication without waiting for the applicant to submit a certified copy of the foreign registration.  Of course, the application must be in condition for publication in all other respects.  Moreover, while the application may be approved for publication, the mark will not be registered until an acceptable allegation of use has been filed.

 

If the applicant wishes to proceed relying on the applicant's intent to use the mark in commerce as the sole basis for registration, with the claim of priority, the applicant should so advise the examining attorney.  If the applicant does so, the applicant may not subsequently rely on the foreign registration.  TMEP section 1006.01.

 

If the applicant does not so indicate, this Office will presume that the applicant wishes to rely on the foreign registration as an additional basis for registration and will expect the applicant to submit the certification or certified copy of the foreign registration and, if appropriate, an English translation.  It is customary for the translator to sign the translation.

 

 

 

/Chris Wells/

Examining Attorney

Law Office 106

(571) 272-9238

 

 

 

 

 

RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.gov.uspto.report/teas/eTEASpageD.htm, waiting 48-72 hours if applicant received notification of the Office action via e-mail.  For technical assistance with the form, please e-mail TEAS@uspto.gov.  For questions about the Office action itself, please contact the assigned examining attorney.  Do not respond to this Office action by e-mail; 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.

 

 

 

 

 

                                                                

IMPORTANT NOTICE

USPTO OFFICE ACTION HAS ISSUED ON 7/11/2008 FOR

APPLICATION SERIAL NO. 77436697

 

Please follow the instructions below to continue the prosecution of your application:

  

VIEW OFFICE ACTION: Click on this link http://tmportal.gov.uspto.report/external/portal/tow?DDA=Y&serial_number=77436697&doc_type=OOA&mail_date=20080711 (or copy and paste this URL into the address field of your browser), or visit http://tmportal.gov.uspto.report/external/portal/tow and enter the application serial number to access the Office action.

 

PLEASE NOTE: The Office action may not be immediately available but will be viewable within 24 hours of this notification.

 

RESPONSE MAY BE REQUIRED: You should carefully review the Office action to determine (1) if a response is required; (2) how to respond; and (3) the applicable response time period. Your response deadline will be calculated from 7/11/2008.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed responses.  Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System response form at http://www.gov.uspto.report/teas/eTEASpageD.htm.

 

HELP: For technical assistance in accessing the Office action, please e-mail

TDR@uspto.gov.  Please contact the assigned examining attorney with questions about the Office action. 

 

        WARNING

1. The USPTO will NOT send a separate e-mail with the Office action attached.

 

2. Failure to file any required response by the applicable deadline will result in the ABANDONMENT of your application.