UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

RESPONSE TIME LIMIT:  TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE. 

 

 

Serial Number  78/350025

 

Applicant amended the identification of goods.  However, the amendment is unacceptable because a sport helmet is classified in class 9 and bikes are in class 12.  Thus an additional fee is required.  Applicant may respond as indicated below.

 

Identification of Goods

The identification of goods needs clarification because it is too broad and could include goods classified in other international classes.  Applicant may substitute the following wording, if accurate:

 

“Toys and games, namely, hand-held or table-top electronic games, board games, multi-sport game tables, miniature vehicles and accessories therefor, action figures, remote control action figures, remote control play vehicles, fingerbikes, fingerboards; toy vehicle playsets; toy vehicle playsets with toy event stages; toy action figure playsets; toy action figure playsets with toy event stages; toy event stages, action figures, yo-yos, ride-on toys; toy gliders; flying discs; soft sculpture plush toys; stuffed toy animals; stuffed toys; playing cards; hand held electronic games pertaining to sports; electronic basketball backboards; inflatable toys; foam Disc and Ball Shooters and Foam Toy Discs and Balls for use therewith; inflatable balls, beach balls, billiard balls, volleyballs, rubber action balls and foam action balls; inflatable pounding bags; balloons; blow-outs in the nature of noise-making party favors; party favors in the nature of crackers and noisemakers; party games; party favors in the nature of small toys; sporting goods, namely, in-line skates, skateboards, protective knee, elbow and wrist pads, snowboards, wakeboards and toy scooters” in International Class 28.

 

“Sporting goods, namely, helmets” in International Class 9. 

 

“Bicycles; motorized and non-motorized scooters; mini-bikes” in International Class 12. TMEP §§1402.01 and 1402.03.

 

 

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 that are not within the scope of goods set forth in the present identification.

 

 

 

ID Manual is Available Online

For assistance with identifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/.

 

 

Requirements for a Combined Application – Class 9

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)/a foreign registration under Trademark Act Section 44(e)/an intent to use the mark in commerce under Trademark Act Section 1(b) and 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 (current fee information should be confirmed at http://www.uspto.gov).  37 C.F.R. §2.86(a)(2); TMEP §§810 and 1403.01.

 

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

 

/Zachary R Bello/

Zachary R Bello

Trademark Attorney

Law Office 111

(571) 272-9376

 

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond formally using the Office’s Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://www.gov.uspto.report/teas/index.html and follow the instructions, but if the Office Action has been issued via email, you must wait 72 hours after receipt of the Office Action to respond via TEAS).
• REGULAR MAIL RESPONSE:  To respond by regular mail, your response should be sent to the mailing return address above and include the serial number, law office number and examining attorney’s name in your response.

 

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

 

VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.

 

GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm

 

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