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: 4/26/2009

 

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

 

INQUIRY

 

The applicant must indicate whether AMOUAGE has any significance in the relevant trade, any geographical significance or any meaning in a foreign language.  37 C.F.R. Section 2.61 (b). 

 

IDENTIFICATION OF GOODSS

 

The identification of goods must be clarified because some of the wording is unclear and incorrectly classified.  See TMEP §1402.01.  Applicant may adopt the following identification, if accurate: 

 

 

Room fragrances and powder compacts of precious metal. International Class  3. [Home fragrances is unclear and incorrectly classified].

 

Optical apparatus and instruments, namely, _________[indicate specific apparatus and instruments]; eyeglass cases; spectacles; sunglasses; cases for sunglasses and spectacles; field glasses; spectacle frames and lenses; eyeglass chains and cords; chains and cords for spectacles and glasses. International Class  9.

 

Precious metals and their alloys; jewelry; precious stones; watches; clocks; bracelets; brooches; cases and boxes of precious metals [indicate type of cases and boxes, because this will determine the class of the goods]; earrings; costume jewelry; rings; key rings of precious metal; goods made from precious metals [indicate type of goods because this will determine the class the goods are in per 9^th Edition of the Nice Agreement]; tie pins; ornamental pins; watch cases and chains; wrist watches. International Class  14.

 

Leather and imitations of leather and goods made from these materials [indicate specific goods]; trunks and traveling bags; bags; handbags; purses; leather pouches; leather shoulder belts [if this is not a leather shoulder belt, then it would be classified in International Class  25 with the clothing]; briefcases; leather boxes; umbrellas; vanity cases sold empty; suitcases. International Class  18.

 

Candlesticks. International Class  21.

 

 

RECITATION OF SERVICES

 

The identification of services must be clarified because “retail services” is indefinite.  See TMEP §1402.01.  Applicant may adopt the following identification, if accurate:  

 

Retail store services in the fields of perfumes, soaps, essential oils, cosmetics, hair care, fragrances, leather goods, sunglasses, home fragrances, candles, jewelry, bags, handbags, watches, suitcases, and mail order services and on-line retail store services in the fields of perfumes, soaps, essential oils, cosmetics, hair care, fragrances, leather goods, sunglasses, home fragrances, candles, jewelry, bags, handbags, watches, suitcases. International Class  35.

 

Please note that, while the identification of goods and/or services may be amended to clarify or limit the goods and/or services, adding to the goods and/or services or broadening the scope of the goods and/or services is not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  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.

 

 

CLAIM PRIOR REGISTRATIONS

 

If applicant is the owner of U.S. Registration No. 1413894, then applicant must submit a claim of ownership.  37 C.F.R. §2.36; TMEP §812.  The following standard format is suggested:

 

Applicant is the owner of U.S. Registration Nos. 1413894.

 

 

 

 

MULTIPLE CLASS

 

If applicant prosecutes this application as a combined, or multiple-class application, 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; 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.

 

NO SIMILAR MARKS FOUND

 

The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d).  TMEP section 704.02.

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

 

 

/Dezmona  J. Mizelle-Howard/

Dezmona J. Mizelle-Howard

United States Patent and Trademark Office

Law Office 110

571.272.9368

 

 

 

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 4/26/2009 FOR

APPLICATION SERIAL NO. 77665306

 

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=77665306&doc_type=OOA&mail_date=20090426 (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 4/26/2009.

 

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.