UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  78/249670

 

The assigned examining attorney has reviewed the referenced application and determined the following.

 

No Conflicting Marks Noted

The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d).  TMEP section 1105.01.

 

Identification/Classification of Goods

The wording in the identification of goods is unacceptable as indefinite.  The applicant must amend the identification/classification of goods to specify the common commercial name.  If there’s no common commercial name for the product, the applicant must describe the product and its intended uses.  TMEP section 804.

 

The applicant may adopt the following identifications/classifications, if accurate:

 

International Class 028: Toys, Games and Playthings, namely, Toy Vehicles, Toy Action Figures and Accessories for use therewith; Dolls, Doll Clothing and Doll Accessories; Children's and Infant's Multiple Activity Toys; Plush Toys; Stuffed Toys; Plastic and Vinyl Toy Characters and Toy Animals; Toy Figures; Ride-On Toys; Push Toys; Pull Toys; Radio-Controlled Toy Vehicles; Mechanical Toys; Toy Construction Sets, Building Toys, Wind-Up Toys; Water Squirting Toys; Musical Toys; Inflatable Toys; Infant Toy Rattles; Jigsaw Puzzles; Equipment Sold as a unit for Playing Board games in the nature of the following games, Parlor, Skill and Action, Card games and Role-Playing games and Electronic Hand-Held Unit For Playing Games; Toy Sporting Equipment, namely, Footballs, Baseballs, Baseball Bats, Hockey Sticks and Pucks, Soccer Balls, Basketballs, Volleyballs, Foam Disc and Ball Shooters and Foam Toy Discs and Balls for use therewith.

 

International Class 041:                         Entertainment services, namely, providing an on-line interactive c                                                computer game.

 

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. Section 2.71(a); TMEP section 804.09.  Therefore, the applicant may not amend to include any goods or services that are not within the scope of the goods and/or services recited in the present identification.

 

THIS REQUIREMENT APPLIES ONLY TO THE GOODS/SERVICES SPECIFIED THEREIN

 

Failure to Respond – Abandonment of Specific Goods/Services

If applicant should fail to respond to this Office action within the six month time limit, then the following goods and/or services will be deleted from the application:  Equipment Sold as a unit for Playing Board, Parlor, Skill and Action, Card, Role-Playing.  The application will then proceed forward for the following goods and/or services only:  Toys, Games and Playthings, namely, Toy Vehicles, Toy Action Figures and Accessories for use therewith; Dolls, Doll Clothing and Doll Accessories; Children's and Infant's Multiple Activity Toys; Plush Toys; Stuffed Toys; Plastic and Vinyl Toy Characters and Toy Animals; Toy Figures; Ride-On Toys; Push Toys; Pull Toys; Radio-Controlled Toy Vehicles; Mechanical Toys; Toy Construction Sets, Building Toys, Wind-Up Toys; Water Squirting Toys; Musical Toys; Inflatable Toys; Infant Toy Rattles; Jigsaw Puzzles; Electronic Hand-Held Unit For Playing Games; Toy Sporting Equipment, namely, Footballs, Baseballs, Baseball Bats, Hockey Sticks and Pucks, Soccer Balls, Basketballs, Volleyballs, Foam Disc and Ball Shooters and Foam Toy Discs and Balls for use therewith and Entertainment services, namely, providing an on-line interactive computer game.

 

Identification/Recitation Guide

The applicant is advised that the above suggestions may not be a complete listing of amended specifications available to the applicant, but are instead provided only as suggestions.  It is the applicant's duty and prerogative to identify the goods and services.   TMEP Section 804.06. 

For additional information about the proper identification of goods and recitation of services the applicant may refer to an on-line copy of the “Trademark Acceptable Identification of Goods and Services Manual” located at the United States Patent and Trademark Office Website,   http://atlas/netahtml/tidm.html

 

/Ysa de Jesus/

Trademark Attorney

US Patent and Trademark Office

(t)703.308.9114 x-476

 

 

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.