| To: | JT International Distributors, Inc. (dsposato@plerlaw.com) |
| Subject: | TRADEMARK APPLICATION NO. 78201131 - TOUGH-1 - ACE-17576 |
| Sent: | 11/3/03 12:29:38 PM |
| Sent As: | ECom115 |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 78/201131
APPLICANT: JT International Distributors, Inc.
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CORRESPONDENT ADDRESS: Antony C. Edwards Petraroia Langford Edwards & Rush 800-1708 Dolphin Avenue Kelowna British Columbia Canada V1Y 9S4
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom115@uspto.gov
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MARK: TOUGH-1
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CORRESPONDENT’S REFERENCE/DOCKET NO: ACE-17576
CORRESPONDENT EMAIL ADDRESS: dsposato@plerlaw.com |
Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 78/201131
This letter responds to the applicant’s communication filed on September 18, 2003. The applicant’s substitute specimen and statement regarding the applicant’s state of incorporation are acceptable.
The amended identification of goods is unacceptable as indefinite. The requirement for an acceptable identification of goods is continued and made final.
The applicant may adopt the following identification, if accurate:
Saddlery and horse stable equipment, namely, saddle covers, saddle bags, saddle racks, tack racks, hay feed bags, neck/shoulder sweats, belly wrap sweats, bridle and halter bags, water bottle pouches and grooming equipment bags, in International Class 18. TMEP §1402.01.
As stated in the June 16, 2003 Office action, the goods identified as “hay racks” are indefinite. The applicant must either delete these goods from the present application or amend the identification of goods to specify the specific uses of these goods.
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.
The requirement for an acceptable identification of goods is continued and made FINAL.
Please note that the only appropriate responses to a final action are either (1) compliance with the outstanding requirements, if feasible, or (2) filing of an appeal to the Trademark Trial and Appeal Board. 37 C.F.R. §2.64(a). If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application abandoned. 37 C.F.R. §2.65(a).
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Glenn Clark/
Trademark Attorney
Law Office 115
(703) 308-9115, ext. 121
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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.