To: | Lovia (DennisWilliams@bww.com) |
Subject: | TRADEMARK APPLICATION NO. 78437671 - LOVIA - N/A |
Sent: | 2/10/05 2:48:29 PM |
Sent As: | ECOM112@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/437671
APPLICANT: Lovia
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: LOVIA
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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 78/437671
The assigned examining attorney has reviewed the above-referenced application and determined the following.
No Conflicting Marks Noted
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 § 1207.01 et seq.
Informalities
Although the examining attorney has not refused registration on any substantive basis, the applicant must respond to the following informalities.
Identification of Goods
The identification of goods is unacceptable as indefinite because it is too broad. The applicant must replace the broad term “such as” with the more specific term “namely” The applicant must amend the identification to specify the common commercial name of the goods. If there is no common commercial name, the applicant must describe the product and its intended uses. TMEP §1402.01. The applicant may adopt the following identification, if accurate. TMEP §1402.01.
International Class 025
Formal clothing, namely, suits, dresses, dress pants and dress shirts
In addition, the examining attorney strongly recommends that the applicant consult The Acceptable Identification of Goods and Services Manual, available on-line at http://tess2.gov.uspto.report/netahtml/tidm.html. As set forth in the TMEP, this manual "sets out acceptable language for identifying goods and services of various types." TMEP § 1402.04.
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 Clarity
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 the lines are not sufficiently clear and it will not reproduce satisfactorily. TMEP §807.07(a).
The applicant must state whether the mark has any meaning in relation to the goods. 37 C.F.R. §2.61(b); TMEP §§1103.04 and 1105.02.
Translation of Foreign Wording
The applicant must submit an English translation of all foreign wording in the mark. 37 C.F.R. Section 2.61(b); TMEP § 809. The applicant may adopt the following statement, if accurate:
The English translation of LOVIA is [specify translation].
No set form is required for response to this Office action. The applicant must respond to each point raised. The applicant should simply set forth the required changes or statements and request that the Office enter them. The applicant must sign the response.
In all correspondence to the Patent and Trademark Office, the applicant should list the name and law office of the examining attorney, the serial number of this application, the mailing date of this Office action.
PLEASE NOTE: Submission of duplicate papers is discouraged because it delays processing. Unless specifically requested to do so by the Office, parties should not mail follow up copies of documents transmitted by fax. TMEP 702.04(e); Cf. ITC Entertainment Group Ltd. V. Nintendo of America Inc. 45 USPQ2d 2021 (TTAB 1998).
If the applicant has any questions or needs assistance responding to this Office Action, please telephone the assigned examining attorney. Thank you.
Effective January 31, 2005 and pursuant to the Consolidated Appropriations Act, 2005, Pub. L. 108-447, the following are the fees that will be charged for filing a trademark application:
(1) $325 per international class if filed electronically using the Trademark Electronic Application System (TEAS); or
(2) $375 per international class if filed on paper
These fees will be charged not only when a new application is filed, but also when payments are made to add classes to an existing application. If such payments are submitted with a TEAS response, the fee will be $325 per class, and if such payments are made with a paper response, the fee will be $375 per class.
The new fee requirements will apply to any fees filed on or after January 31, 2005.
NOTICE: TRADEMARK OPERATION RELOCATION
The Trademark Operation has relocated to Alexandria, Virginia. 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, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at http://www.gov.uspto.report/teas/index.html.
/Melissa Shella/
Trademark Examining Attorney
Law Office 112
571-272-9719
fax 571-273-9719
HOW TO RESPOND TO THIS OFFICE ACTION:
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.