To: | Hachette Filipacchi Presse (reed@hugheshubbard.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 77890738 - ELLE - 70924.1098 |
Sent: | 5/5/2011 10:23:24 AM |
Sent As: | ECOM106@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
APPLICATION SERIAL NO. 77890738
MARK: ELLE
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Hachette Filipacchi Presse
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.
ISSUE/MAILING DATE: 5/5/2011
THIS IS A FINAL ACTION.
This Office action is in response to applicant’s communication filed on April 13, 2011.
The Office has reassigned this application to the undersigned trademark examining attorney.
The requirement that applicant adopt an acceptable identification of goods is made final. TMEP §1402.01; 37 C.F.R. §2.64(a).
The identifications of goods in International Classes 3, 4, 6, 9, 18, 20, 25, 24, 26, 27 and 28 are acceptable.
International Class 8: It appears that applicant inadvertently deleted the word “namely” after the wording table utensils. That word should be reinserted because “table utensils” is indefinite. Alternatively, applicant may adopt the following: table utensils and cutlery, namely, knives, forks and spoons; flatware
International Class 11: The item fountains is indefinite and must be clarified. The following are suggested: drinking fountains; floor water fountains; ornamental fountains, water fountains.
International Class 16: The item wall clocks is properly classified in International Class 14. Applicant must delete this item from Class 16 and may add Class 14 to the application.
International Class 21: The item: tabletop, namely, napkin, dispensers should be amended to: tabletop, namely, napkin dispensers.
Applicant has paid the fee for 15 classes. If applicant elects to add Class 14, please see below.
(1) LIST GOODS AND/OR SERVICES BY INTERNATIONAL CLASS: Applicant must list the goods and/or services by international class; and
(2) PROVIDE FEES FOR ALL INTERNATIONAL CLASSES: Applicant must submit an application filing fee for each international class of goods and/or services not covered by the fee(s) already paid (confirm current fee information at http://www.uspto.gov, click on “View Fee Schedule” under the column titled “Trademarks”).
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
(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).
Mary I. Sparrow
/Mary I. Sparrow/
Mary I. Sparrow
Managing Attorney
Trademark Law Office 106
571-272-9332 (Phone)
571-273-9106 (Fax)
mary.sparrow@uspto.gov (email)
TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at http://tarr.gov.uspto.report/. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/teas/eTEASpageE.htm.