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  78/397069

 

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

 

SEARCH OF THE RECORDS

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 OF GOODS

The identification of goods is unacceptable as written because some of the wording is indefinite (e.g. including, units, indoor and outdoor toys) and the goods may be classified in other classes.  TMEP §1402.01.

 

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/.

 

Please note that, while the identification of goods and/or services may be amended to clarify or limit the goods and/or services, adding to the goods and/or services or broadening the scope of the goods and/or services is not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, applicant may not amend the identification to include goods and/or services that are not within the scope of the goods and/or services set forth in the present identification.

 

Applicant may adopt the following identification of goods, if accurate: 

 

International Class 27:  Flexible foam gymnastic mats

 

International Class 28:  [The wording “flexible foam rods” alone is not acceptable, unless classified in International Class 17 with similar rods.  However, if these rods are actually toys or parts of toys, the applicant should indicate so and they may be classified in International Class 28.  For example, “toys in the nature of flexible foam rods for recreational use,” “flexible foam rods featured in toy construction sets”], flexible foam construction toys, [The wording “flexible foam indoor and outdoor toys” is indefinite.  IDENTIFY the types of indoor and outdoor toys using common commercial names, e.g. “flexible foam indoor and outdoor toy weapons,” “flexible foam indoor and outdoor squeeze toys”], flexible foam flotation toys [The wording “including units and connectors for joining foam rods” is not acceptable as written.  The words “including” and “unit” are indefinite.  The applicant must identify what is meant by “unit” using common commercial names or the applicant may indicate that the goods are sold as a unit.  Also, if the rods are “toy rods” or used for making toys, the applicant should indicate so.  For example, the applicant may adopt the wording “flexible foam flotation toys containing connectors specifically designed for joining foam toy rods, sold as a unit.”]

 

TMEP §1402.01.

 

MULTIPLE-CLASS PROSECUTION

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):

 

(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.  37 C.F.R. §2.86(a)(2); TMEP §§810.01 and 1403.01.

 

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.

 

 

 

/tmg/

Tonja M. Gaskins

Trademark Attorney

(571) 272-9406

 

 

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.

 

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.