UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 78/139948
MARK: THALIA
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CORRESPONDENT ADDRESS: |
RESPOND TO THIS ACTION: http://www.gov.uspto.report/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: Ariadna Sodi Miranda
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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Applicant is requesting reconsideration of a final refusal issued/mailed December 13, 2004.
The applicant’s request for reconsideration does not raise any new issues but is a good faith, although incomplete, attempt to comply with all outstanding requirements or refusals. TMEP §715.03(a). Accordingly, applicant’s request for reconsideration is granted.
The refusal under Section 2(d) of the Trademark Act as to the issue of the likelihood of confusion is Withdrawn.
Granting the request for reconsideration does not extend the deadline for appeal. The time for appeal runs from the date the final action was mailed. 37 C.F.R. Section 2.64(b); TMEP Section 715.03(c).
The applicant must respond to the following informality within six months from the date of this notice:
The identification of goods is unacceptable as indefinite as to the classes indicated. The applicant may adopt the following identification, if accurate: TMEP §1402.01.
Non-metal interior window shutters
Decorative items for the home, namely mirrors, picture frames, furniture for the home, blinds, clothes hangers, Curtain rails, Curtain rods, Decorative bead curtains; Decorative window finials; Display racks, Fabric figurines; Fitted fabric furniture covers, Jewelry boxes not of metal, Letter boxes not of metal; Ornaments not including Christmas ornaments
household and kitchen utensils; namely, flatware, namely, forks, knives and spoons cooking utensils, namely, grills, spatulas, strainers, graters, rolling pins; wood chopping blocks, plates, dishes, bowls, fraying pans, cups, saucers, salt and pepper shakers not of precious metal, cookie jars, pitchers, barware namely, [ the applicant must specify the goods, i.e. seltzer bottles], basins, gravy boats, containers for household use not of precious metal, hair combs and bath sponges, glass beverage ware, mugs made of porcelain and earthenware
hair accessories and articles, fashion accessories namely, hair clips, hair bands, hair bows, hair buckles, hair pins, hair ribbons, barrettes, belt buckles not of precious metal, brooches in the nature of clothing accessories, not of precious metal, buttons for clothing, clothing buckles, ribbons, shoe laces
Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.
For a detailed discussion of this Office's authority and rationale for requiring a specific identification of goods or services in an application, see Skoler, Trademark Identification ‑ Much Ado About Something?, 76 Trademark Rep. 224 (1986).
If applicant prosecutes this application as a combined, or multiple-class application, then 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) or/ a foreign registration under Trademark Act Section 44(e)/an intent to use the mark under Trademark Act Section 1(b) and/or a foreign registration under Trademark Act Section 44(e):
(1) Applicant must list the goods and/or services by international class with the classes listed in ascending numerical order. TMEP § 1403.01; and
(2) Applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid. 37 C.F.R. §2.86(a)(2); TMEP §§810.01 and 1403.01.
Applicant's Response
No set form is required for response to this Office action. The applicant must respond to each point raised. If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney. The applicant may also visit the Patent and Trademark Office’s home page at www.uspto.gov.
PLEASE NOTE: Because it delays processing, submission of duplicate papers is discouraged. Unless specifically requested to do so by the Office, parties should not mail follow up copies of documents transmitted by fax or electronic mail. TMEP 702.04(e); Cf. ITC Entertainment Group Ltd. V. Nintendo of America Inc. 45 USPQ2d 2021 (TTAB 1998).
To submit a fax response to this Office action after that date, send your response to the Law Office fax number, namely (571) 273-9106.
/pbm/
Paula B. Mays
Trademark Attorney Advisor
USPTO
Law Office 106
571 272 9250
RESPOND TO THIS ACTION: If there are any questions about the Office action, please contact the assigned examining attorney. A response to this Office Action should be filed using the Office’s Response to Office action form available at http://www.gov.uspto.report/teas/eTEASpageD.htm. If notification of this Office action was received via e-mail, no response using this form may be filed for 72 hours after receipt of the notification. Do not attempt to respond by e-mail as 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.