Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

NOTICE OF DIVISIONAL REQUEST COMPLETED

ISSUE/MAILING DATE: 3/25/2013

Serial Number  77890738

The request to divide application serial no. 77890738 filed on March 13, 2013 has been processed as follows:

(1)  Parent (original) application serial no. 77890738 contains the following goods/services in class(es):  3 – For Home fragrances; 6 – For All purpose boxes of metal for domestic use; 8 – For Table utensils and cutlery, namely, knives, forks and spoons, flatware; 9 – For Seasonal gifts, namely, hourglasses; digital frames; electric hair brushes; 11 – For Lighting fixtures; drinking fountains; floor water fountains; ornamental fountains; water fountains; fragrance diffusers; 14 – For Wall clocks; 16 – For Table linen of paper, photo albums, wall décor, namely, art pictures, photographs, wall art, namely, prints, posters, photography, framed art, unframed art, paintings, canvas, stickers, wall stickers, art prints, movable wall murals; paperweights in the shape of figurines, Christmas decorations made of paper, Christmas figurines made of paper, holiday gifts, namely, desk accessories in the nature of desk blotters, desk calendars, desk mount boards for reading and writing, Desk pads, Desk stands and holders for pens, pencils, and ink; pen holders, trays, namely, desk file trays, file trays, letter trays, pen and pencil trays, drafting trays, drawing trays, book holders, letter openers, paper placemats, paperclip dispensers, desktop business card holders, decorative boxes made of cardboard; easels, paperweight; 18 – For Decorative boxes made of leather or micro suede; sunshade parasols; 20 – For photo holders in the nature of plastic photo cubes, mirrors; mirrors, furniture, figurines of plaster, decorative mirrors, decorative wall plaques of wood, wax, plaster or plastic, mirrors and etageres, plastic clips and poles for mounting lights and plastic storage reels for electrical lights; decorative chair cushions, baby sleeping bags, bed pillows, bed frames, summer furniture, patio supplies and accessories, namely, patio furniture, room accessories, namely, room dividers, living room furniture, dining room tables, home accessories, namely, magazine holders, storage boxes made of wood or plastic, coat hangers, wine rack made of wood; bedding, namely, mattress cushions, mattress foundations, mattress toppers and pillows; glass epergnes; feather beds; 21 – For drinking glasses, bottles sold empty, bottle stands, plastic coasters, bottle openers, jugs, brushes for cleaning tanks and containers, brushes for footwear, electric tooth brushes, brushes for clothing; tooth brushes, coffee service in non-precious metal, coffee pots, menu card rests, pots for make-up sold empty, fruit cups, statues and figurines of porcelain, terra cotta and glass, basins, cooking pots, butter dishes, glass jars, drinking vessels, ornamental boxes of glass, basin bowls, cork screws, sponges for household purposes, toilet sponges, flasks in non-precious metal, oil cruets in non-precious metal, crumb trays, fitted vanity cases, curry combs, fitted picnic baskets, hand operated pepper mills, pepper pots in non-precious metal, powder compacts in non-precious metal sold empty, goblets, baskets for domestic use, namely, laundry baskets for domestic use, wicker baskets for domestic use, trays for domestic use, saucers in non-precious metal, table plates, decanters, dishes in non-precious metal, decanter stands, glass bowls, stew pans, egg cups in non-precious metal, pitchers, pots in non-precious metal, knife rests for the table, candle holders, soap dishes, napkin rings and holders, tableware other than knives, forks and spoons, namely, serving platters, pepper pots, sugar bowls, salt shakers, egg cups, napkin holders, napkin rings, and serving trays, glass beverageware, plates, dessert plates, dishes, cups, dinnerware, vases, holiday gifts, namely, Christmas figurines made of ceramic; tabletop, namely, napkin dispensers for household use, houseware, namely, trash cans, household utensils for serving, namely, serving forks, serving ladles, serving spoons, serving tongs, and servingware for serving foods; bath accessories, namely, cup holders, bath sponges, bath brushes, plastic bath racks, plastic buckets for storing bath toys; pumps, namely, vacuum pumps for wine bottles; tissue holders, cotton ball holders, giftware, namely, decorative plates, beverage glassware, servingware for serving food and drinks, decorative plates, decorative small glass bottles containing saw dust memorabilia; stained glass, porcelain cake decorations, decorative ceramic tiles not for use as building materials, decorative crystal prisms; plate holders; 24 – For Table clothes of textile, textile table napkins, bed sheets, blankets and pillowcases, bed linen, bed sheets, table linen not of paper, bath linen except clothing, curtains, home textiles, namely, towels, household linen, tablecloth, curtains, washcloths, shower curtains, blankets, quilts, shams, kitchen textiles, namely, dish towels, oven glove, apron, potholder, textile place mats, textile napkins, mattress pads, bed pads, throws, bedding accessories, namely, bed blankets, bed pads, bed spreads, bed ruffles, quilt covers, pillow-top, low-profile bed skirts, pillowcases; window treatments, namely, window panels; comforters; travelling rug; 25 – For Slippers; down jackets, trench coats, socks, jumpers, sneakers, hats, capes, suits, house-gowns, bath robes, square shawls; articles for new born babies, namely, coats, jackets, socks, tights, tops, mittens, caps, gloves, scarves; 26 – For Artificial flowers; 27 – For Carpets, rugs, bath rugs, bath mats, wall décor, namely, borders being wall decorations in the nature of wall coverings, cloth wall coverings, non-textile wall coverings, non-textile wall hangings, wall paper, plastic wall coverings, decorative art, namely, wallpaper in the nature of roomsize decorative adhesive wall coverings, accent and area rugs; wall papers; and 28 – For Candle holders for Christmas trees, infant toys; seasonal gifts, namely, Christmas tree ornaments, Christmas stockings; decorative items for Christmas trees; snow globes, Christmas decorations made of glass, Christmas ornaments made of glass for Christmas trees.  To avoid abandonment, applicant must continue to file requests for extension of time to file a statement of use (extension requests) or a statement of use within the six-month period after the issuance of the notice of allowance or before expiration of a previously granted extension period.  37 C.F.R. §§2.88(a), 2.89(a)-(b).

(2)  Child application serial no. 77983507 contains the following goods/services in class(es):  4 – For Candles; 18 – For Mini handbags, satchels; 20 – For Furniture, picture frames; decorating accessories, namely, figurines made of plastic, wood, glass or ceramic; decorative pillows, decorative boxes made of plastic, side tables; 21 – For Dishes, plates, trays for domestic purposes, perfume vaporizers sold empty, buckets, pails, soup plates, bowls, decorative boxes made of glass; decorative items, namely, decorative figurines made in ceramic, decorative trays; vases, serving trays, candle holders; and 25 – For Tunics, shorts; Ladies apparel, namely, tops, turtlenecks, cardigans, tunics, trench coats, jeans, capris, belts; swimwear; leggings, bermuda shorts, jogging suits, parkas, mittens, tights, stockings; Articles for new born babies, namely, body suits, tee-shirts, sweaters, pants, sleepers, dresses, leggings, cardigans, blouses.  A statement of use filed on March 13, 2013 has been placed in the child application and routed to the examining attorney for examination.

37 C.F.R. §2.87; see TMEP §§1110 et seq. 

Please call the undersigned with any questions.

/Amphone M. Sananikone/

Amphone Mary Sananikone

Paralegal Specialist

Intent-To-Use/Divisional Unit

(571) 272-9394 - Phone

(571) 273-9394 - Fax

NO RESPONSE TO THIS NOTICE IS REQUIRED.

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.

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED ITU STAFF MEMBER IDENTIFIED ABOVE.