To: | ROBINSON, PAUL (Richard@4trademark.com) |
Subject: | TRADEMARK APPLICATION NO. 77441317 - COOLHUT - N/A |
Sent: | 7/28/2008 9:11:41 AM |
Sent As: | ECOM108@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/441317
MARK: COOLHUT
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CORRESPONDENT ADDRESS: |
RESPOND TO THIS ACTION: http://www.gov.uspto.report/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: ROBINSON, PAUL
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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: 7/28/2008
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.
1. SEARCH OF OFFICE’S DATABASE OF MARKS
2. IDENTIFICATION AND CLASSIFICATION OF GOODS
Applicant describes its goods as follows: “all-purpose sport utility backpack with built-in cooler and dry storage area and comprised of a tent, ground cloth, chairs, lounge chairs and a radio sold all sold together as a kit,” and classified the goods in International Class 018, which is the correct classification for the backpack, but not for the other goods.
For kits consisting of a group of items that share a common theme, the identification should specify the theme followed by the word “comprising” and a list of the items that make up the kit, setting forth the most dominant items first. Generally, the international class of the kit will be determined by the international class of the majority of items in the kit. For example, “nail care kits comprising nail polish, emery boards, cotton balls for cosmetic purposes and nail clippers” are in International Class 3 because this is the international class of a majority of the items (with the only item not in International Class 3 being “nail clippers,” which is in International Class 8).
If no items in a shared-theme kit are more dominant than any other item, the international class for the kit itself will be determined by the first-listed item after the wording “comprising.” For example, “baking kits comprising baking pan and cake mix” are in International Class 21 (the class for “baking pans”), and “baking kits comprising cake mix and baking pan” are in International Class 30 (the class for “cake mixes”).
Kits are not generally classified by their packaging, so International Class 018 would not appear to be the appropriate classification here. Rather, it appears that the tent and ground cloth are the dominant goods of the kit, and the goods should be classified accordingly. Applicant must therefore amend the application to classify the goods in International Class 022, if accurate. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b).
Applicant may adopt the following identification of goods, if accurate:
International Class 018: Kits comprised of a tent, ground cloth, chairs, lounge chairs, and a radio, all contained within an all-purpose sport utility backpack with built-in cooler and dry storage area.
See TMEP §1402.01.
Identification Manual Online
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.
Additions to Identification Not Permitted
/Lydia M. Belzer/
Trademark Examining Attorney
Law Office 108
571-272-5594
Lydia.Belzer@uspto.gov (informal responses only)
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.