UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 78/426440
APPLICANT: Swisher Mower & Machine Company, Inc.
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CORRESPONDENT ADDRESS: Thomas B. Luebbering & Cheryl L. Burbach
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Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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MARK: SWISHER
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CORRESPONDENT’S REFERENCE/DOCKET NO: 34069
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 email address.
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Serial Number 78/426440
OFFICE RECORDS SEARCH: The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
ADVISORY – AMENDMENTS TO GOODS/SERVICES: If the identification of goods and/or services has been amended below, any future amendments must be in accordance with 37 C.F.R. §2.71(a) and TMEP §1402.07(e).
AMENDMENT(S) AUTHORIZED: The trademark examining attorney is amending the application as follows. No prior approval or authorization from applicant or applicant’s attorney is required. TMEP §707.02. If applicant disagrees with or objects to any of the amendments below, please notify the undersigned trademark examining attorney immediately. Otherwise, no response is necessary. TMEP §707.
The application will proceed with the following identification:
“WALK-BEHIND LAWN MOWERS, RIDING LAWN MOWERS, PULL-BEHIND LAWN MOWERS, POWER-OPERATED LAWN EDGERS, POWER-OPERATED GRASS AND WEED TRIMMERS, POWER-OPERATED LOG SPLITTERS, AND LAWN VACUUMS,” in International Class 7; and
“ACCESSORIES FOR ALL-TERRAIN VEHICLES, NAMELY, UTILITY CARTS, DUMP CARTS, WAGONS, AND METAL STORAGE BASKETS,” in International Class 12.
The remaining portion of the identification that was the subject of the partial refusal and/or requirement will be deleted from the application (i.e., the wording “CULTIVATION IMPLEMENTS” will be deleted).
Applicant did not respond to the previously issued Office action within six (6) months of the mailing date of the action. Therefore, a portion of the application is abandoned. 37 C.F.R. §2.65(a).
Applicant may petition to revive the portion that abandoned if the failure to respond was unintentional. A petition must be filed within two (2) months of the mailing date of this action and can be filed online at http://www.gov.uspto.report/teas/index.html. 37 C.F.R. §2.66; TMEP §§1712.01 and 1714.
/George M. Lorenzo/
Examining Attorney
Law Office 101
Phone: (571) 272-9367
Fax: (571) 273-9101