UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 78/391397
APPLICANT: ARCHON PAINTBALL, INC.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: ARCHON
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CORRESPONDENT’S REFERENCE/DOCKET NO: RMA 0116 TUS
CORRESPONDENT EMAIL ADDRESS: |
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 78/391397
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 and Services
Some of the wording in the identification of goods and services is unacceptable as indefinite (because the precise nature of the goods is not clear) and overly broad (because it contains services that are found in more than one class). The applicant may adopt the following identification, if accurate. Suggested supplemental language is in bold print. TMEP §§1402.01 and 1402.11.
“PAINTBALLS, PAINTBALL MARKER GUNS, AND PAINTBALL RELATED EQUIPMENT AND ACCESSORIES, NAMELY, [specify the common commercial or generic name for the goods; if there is no common commercial or generic name, then applicant must describe the product and intended consumer as well as its main purpose and intended uses, E.G., PAINTBALL ARMOR, REGULATORS FOR USE WITH PAINTBALL GUNS, PAINTBALL GUN BARREL ADAPTORS, PODS FOR CARRYING PAINTBALLS]” in International Class 28;
“WHOLESALE AND RETAIL DISTRIBUTORSHIPS OF PAINTBALLS, PAINTBALL MARKER GUNS, AND PAINTBALL RELATED EQUIPMENT AND ACCESSORIES” in International Class 35; and/or
“CUSTOM MANUFACTURE OF PAINTBALLS, PAINTBALL MARKER GUNS AND PAINTBALL RELATED EQUIPMENT AND ACCESSORIES” in International Class 40.
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 or services that are not within the scope of the goods and services recited in the present identification.
Classification
If the applicant adopts the suggested amendment to the identification of goods and services, the applicant must amend the classification to include International Class 41. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§1401 et seq.
Combined Applications
Applicant must clarify the number of classes for which registration is sought. The submitted filing fees are insufficient to cover all the classes in the application. Specifically, the application identifies goods and/or services that are classified in at least 3 international classes, however applicant paid the fee for only 2 class(es).
Applicant must either: (1) restrict the application to the number of class(es) covered by the fee already paid, or (2) pay the required fee for each additional class(es). 37 C.F.R. §2.86(a)(2); TMEP §§810.0l, 1401.04, 1401.04(b) and 1403.01.
If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following.
(1) The applicant must list the goods/services by international class with the classes listed in ascending numerical order. TMEP §1403.01.
(2) The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid. 37 C.F.R. §§2.6(a)(1) and 2.86(a); TMEP §§810.01 and 1403.01. Effective January 1, 2003, the fee for filing a trademark application is $335 for each class. This applies to classes added to pending applications as well as to new applications filed on or after that date.
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: “(MARKERS), AND PAINTBALL RELATED EQUIPMENT AND ACCESSORIES” in International Class 28 and “MANUFACTURE AND WHOLESALE/RETAIL DISTRIBUTION OF PAINTBALLS, PAINTBALL GUNS (MARKERS), AND PAINTBALL RELATED EQUIPMENT AND ACCESSORIES” in International Class 35. The application will then proceed forward for the following goods only: “PAINTBALLS, PAINTBALL GUNS” in International Class 28. 37 C.F.R. §2.65(a).
NOTICE: TRADEMARK OPERATION RELOCATING OCTOBER AND NOVEMBER 2004
The Trademark Operation is relocating to Alexandria, Virginia, in October and November 2004. Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Applicants, registration owners, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at www.uspto.gov.
/Barbara Rutland/
Barbara Rutland
Examining Attorney
Law Office 105
(703) 308-9105 ext. 184
(703) 872-9825 fax
How to respond to this Office Action:
You may respond formally using the Office's Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://eteas.gov.uspto.report/V2.0/oa242/WIZARD.htm and follow the instructions therein, but you must wait until at least 72 hours after receipt if the office action issued via e-mail). PLEASE NOTE: Responses to Office Actions on applications filed under the Madrid Protocol (Section 66(a)) CANNOT currently be filed via TEAS.
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.