Offc Action Outgoing

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: 2/18/2010

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.

NO LIKELIHOOD OF CONFUSION

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.

CLAIM OF OWNERSHIP

The claim of ownership submitted with the application is limited to three registrations.  However, as demonstrated by the attached copies of registrations, applicant appears to own numerous relevant registrations.  If applicant is the owner of U.S. Registration Nos. 2014541, 2526399, 2097875, 2344798, 2781485, 3296446, 3375313, 3387904, 3651040, 2800332, 2817566, 2906519,   2879664, 2879665, 2943662, 2920918, 3360385, 2957313, 2981040, 2936465, 2935224, 2879662,   2874887, 3184799, 3178393, 3178394, 3188813, and 3367108, then applicant must submit an amended claim of ownership.  See 37 C.F.R. §2.36; TMEP §812.  The following standard format is suggested:

Applicant is the owner of U.S. Registration Nos. 2526399, 3296446, 3367108 and others.

AMENDED IDENTIFICATION OF GOODS REQUIRED

The wording “thermalwear” in the identification of goods is indefinite and must be clarified because “wear” covers a wide range of clothing.  While some terms incorporating “wear” may be commonly understood to identify a type of clothing item, the term “thermalwear” does not necessarily identify specific clothing items.  See TMEP §1402.01.  Applicant must amend the identification to specify the common commercial name of the items of thermalwear clothing.  If there is no common commercial name, applicant must describe the product and its intended uses.  See id.

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.

The applicant may adopt the following identification of goods, if accurate:

INTERNATIONAL CLASS 25:  Clothing and apparel, namely, t-shirts, sweatshirts, thermal underwear, and headwear.

Identifications of goods can be amended only to clarify or limit the goods; adding to or broadening the scope of the goods 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 that are not within the scope of the goods set forth in the present identification.

/Verna Beth Ririe/

Trademark Attorney

Law Office 104

(571) 272-9310

(571) 273-9104 (office fax)

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 REGARDING YOUR TRADEMARK APPLICATION

Your trademark application (Serial No. 77867065) has been reviewed.   The examining attorney assigned by the United States Patent and Trademark Office (“USPTO”) has written a letter (an “Office action”) on 2/18/2010 to which you must respond (unless the Office letter specifically states that no response is required).  Please follow these steps:

1. Read the Office letter by clicking on this link http://tmportal.gov.uspto.report/external/portal/tow?DDA=Y&serial_number=77867065&doc_type=OOA&mail_date=20100218 OR go to  http://tmportal.gov.uspto.report/external/portal/tow and enter your serial number to access the Office letter.  If you have difficulty accessing the Office letter, contact TDR@uspto.gov.  

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

2. Contact the examining attorney who reviewed your application if you have any questions about the content of the Office letter (contact information appears at the end thereof).

3. Respond within 6 months, calculated from 2/18/2010 (or sooner if specified in the Office letter), using the Trademark Electronic Application System (TEAS) Response to Office Action form. If you have difficulty using TEAS, contact TEAS@uspto.gov. 

ALERT:

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

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.