Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN THIRTY DAYS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  78/143931

 

This responds to the applicant’s submission of April 9, 2003 in response to an Office action issued December 7, 2002 wherein the examining attorney required:  1) a statement as to any industry meaning for the wording in the mark; 2) clarification as to the filing basis; 3) an amended identification of goods; 4) proper classification of the goods; and 5) the applicant’s province for (withdrawn). 

 

The applicant’s response only states “pursuant to the examiner’s request, applicant has amended the identification of goods. However, the amended identification of goods is different from the identification that is listed in Canadian Application No. 1128123, the application for which this application is claiming priority.” 

 

The response is incomplete.  No amended identification of goods appears in the response and the applicant did not address the other issues listed above.  Therefore, either the applicant’s attorney failed to address all issues outlined in the Office action, or applicant’s counsel inadvertently did not complete the electronic response form correctly.  Since the applicant’s six-month response period is about to expire, the applicant is hereby granted thirty days from the mailing date of this action in which to address all issues listed above and outlined in the first action.  TMEP section 718.03(b).

 

In response to the applicant’s comment reprinted above, the identification of goods in the United States application may differ from the wording in the foreign application upon which it is based, so long as the identification is within the scope of the wording in the foreign application.  TMEP section 1012 states that “the identification of goods and services in a §44 application must comply with the same standards that govern other applications.”   For more information on this issue, the applicant should consult TMEP section 1402.01(b). 

 

“TMEP” refers to the Trademark Manual of Examining Procedure (3rd ed., Rev. 1, June, 2002), available on the United States Patent and Trademark Office web site at www.uspto.gov.

 

ADVISORY--FEE INCREASE EFFECTIVE JANUARY 1, 2003

Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class.  The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00. 

 

Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.

 

/egkon/

Elissa Garber Kon

Attorney, Law Office 116

phone 703-306-7917

fax     703-746-8116

email  elissagarber.kon@uspto.gov

 

 

How to respond to this Office Action:

 

To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.

 

To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.

 

To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.