To: | Shimano Inc. (rgilmore@wnspat.com) |
Subject: | TRADEMARK APPLICATION NO. 78270965 - 15145.241 |
Sent: | 1/16/04 11:27:17 AM |
Sent As: | ECom116 |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/270965
APPLICANT: Shimano Inc.
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CORRESPONDENT ADDRESS: RICHARD C. GILMORE WORKMAN NYDEGGER & SEELEY 1000 EAGLE GATE TOWER 60 EAST SOUTH TEMPLE SALT LAKE CITY UT 84111 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom116@uspto.gov
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MARK:
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CORRESPONDENT’S REFERENCE/DOCKET NO: 15145.241
CORRESPONDENT EMAIL ADDRESS: rgilmore@wnspat.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 78/270965
The assigned examining attorney has reviewed the referenced application and determined the following.
Search Results
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. §1052(d). TMEP §704.02.
Identification of Goods
The identification of goods is indefinite because the applicant uses the wording “INCLUDING” and “ACCESSORIES”. The identification of goods must be specific. The applicant should amend the identification to replace this wording with “namely.” The applicant may amend to list only items that are within the scope of goods set forth in the identification. 37 C.F.R. §2.71(a); TMEP §§1402.01 and 1402.03(a). The applicant may amend to adopt the following language:
Class 28:
Fishing tackle, namely, reels, rods, lines, line guides, hooks, lures, artificial baits, creels, floats, fishing weights, namely, sinkers, landing nets for anglers, fishing bags, fishing gloves, fishing rod cases, fishing tackle containers, hip-guards specially made for fishing, accessories for fishing, namely, [specify items by common commercial name].
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.
Drawing
Applicant must submit a new drawing showing the entire mark clearly and conforming to 37 C.F.R. §2.52. The current drawing is not acceptable because it contains too much of the color gray and it will not reproduce satisfactorily. TMEP §807.07(a).
To submit a special form drawing electronically, applicant must attach a digitized image of the mark to the submission. The Office will only accept an image in .jpg format. The image must be formatted at no less than 300 dots per inch and no more than 350 dots per inch; and with a length and width of no less than 250 pixels and no more than 944 pixels. All lines in the image must be clean, sharp and solid, and not fine or crowded, and produce a high quality image when copied. 37 C.F.R. §2.53.
NOTE: The Trademark Rules pertaining to drawings were amended on November 2, 2003. For applications filed prior to November 2, 2003, applicants may follow either the new special form drawing rules or the special form drawing rules in force prior to their amendment on November 2, 2003. Exam Guide 01-03, section I.B.6.
Fee Increase
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.
Applicant may respond to this Office action using the Office’s Trademark Electronic Application System (TEAS) at <http://www.gov.uspto.report/teas/index.html>. When using TEAS the data the applicant submits is directly uploaded into the Office’s database, which reduces processing time and eliminates the possibility of data entry errors by the Office. Applicants are strongly encouraged to use TEAS to respond to Office actions. Applicants using TEAS should not submit a duplicate paper copy of the response.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Karen Bracey/
Examining Attorney
Law Office 116
703-306-7914; 703-746-8116 (fax)
ecom116@uspto.gov (formal response only)
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.