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: 6/30/2009

 

THIS IS A FINAL ACTION.

 

 

This Office action is in response to applicant’s communication filed on June 8, 2009.

 

The applicant has overcome all of the likelihood of confusion refusals with the amended identification of goods.  The prior pending applications are no longer cited.

 

 

The requirement for an acceptable identification of goods is now made FINAL for the reasons set forth below.  TMEP §1402.01;  37 C.F.R. §2.64(a); 37 C.F.R. §2.71(a).

 

 

 

Identification of Goods

 

The field or subject matter contained on the CDs and DVDs is unclear because the applicant failed to specify the type of “spoken commentary” and “educational content.”    The term “paper” is vague because the application failed to specify the type (i.e., bond paper, copy paper, etc.).  See TMEP §1402.01.  The language “name cards” is vague because the applicant failed to specify whether these were paper or of another composition.   Applicant must amend the identification to specify the common commercial name of the goods.  If there is no common commercial name, applicant must describe the product and its intended uses.  See id.

 

The applicant may adopt the following identification, if accurate:

 

Class 9:  Interactive video game and computer game programs; pre-recorded CDs and DVDs featuring music, spoken commentary in the field of children’s stories, animation, children’s educational content, and information in the field of general interest for children and youth, excluding content related to religious topics; backpacks and bags especially adapted for holding laptops and notebook computers;

 

Class 16:  Class 16:   Notebooks, sticker and photo albums; blank and lined writing journals, school supplies namely, writing instruments, pens, pencils, mechanical pencils, erasers, markers, crayons, highlighting markers, folders, notebooks, paper [specify type, i.e., copy paper, bond paper, etc.], writing grips, book marks, greeting and correspondence cards, note cards, business cards and paper name cards, and wrapping paper; children's books, comic books, posters and daily planners; toy and game cardboard and paper packaging, posters and art prints; iron-on decals; temporary tattoos.

 

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.

 

 

Final Action

 

If applicant does not respond within six months of the date of issuance of this final Office action, the following goods to which the final refusal(s) and/or requirement(s) apply will be deleted from the application by Examiner’s Amendment:  paper, name cards and the language “spoken commentary” and “educational content” will be deleted. 

 

The application will then proceed for the remaining goods.  15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).

 

Applicant may respond to this final Office action by:

 

(1)  Submitting a response that fully satisfies all outstanding requirements, if feasible; and/or

 

(2)  Filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class.

 

37 C.F.R. §§2.6(a)(18), 2.64(a); TBMP ch. 1200; TMEP §714.04.

 

In certain rare circumstances, a petition to the Director may be filed pursuant to 37 C.F.R. §2.63(b)(2) to review a final Office action that is limited to procedural issues.  37 C.F.R. §2.64(a); TMEP §714.04; see 37 C.F.R. §2.146(b), TBMP §1201.05; TMEP §1704 (explaining petitionable matters).  The petition fee is $100.  37 C.F.R. §2.6(a)(15).

 

 

 

 

/Laurie Mayes/

Trademark Examining Attorney

Law Office 101

571-272-5874

FAX 571-273-9101

 

 

 

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 6/30/2009 FOR

APPLICATION SERIAL NO. 77558461

 

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=77558461&doc_type=OOA&mail_date=20090630 (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 6/30/2009.

 

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.