To: | OMS Investments, Inc. (tmparalegal@owe.com) |
Subject: | TRADEMARK APPLICATION NO. 78468298 - SCOTTS - SCOTT 00382 |
Sent: | 2/6/05 2:07:24 PM |
Sent As: | ECOM111@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/468298
APPLICANT: OMS Investments, Inc.
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CORRESPONDENT ADDRESS: OWEN WICKERSHAM & ERICKSON, P.C.
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Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: SCOTTS
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CORRESPONDENT’S REFERENCE/DOCKET NO: SCOTT 00382
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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PRIORITY ACTION
OFFICE SEARCH: 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 704.02.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.
Serial Number 78/468298
The following issues were discussed in telephone messages/communication with Cory M. Amron, Esq., on 02/06/05.
PLEASE NOTE: Applicant is encouraged to telephone the trademark examining attorney to resolve the issues raised below.
The identification of goods is unacceptable as indefinite. The applicant may adopt the following identification, if accurate:
“Protective work gloves” in International Class 9. TMEP section 804.
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.
The refusal only pertains to goods in class 9.
Applicant may respond to the stated refusal by doing one of the following:
(1) amending or deleting the goods and/or services to which the refusal pertains;
(2) arguing against the refusal of the application as a whole;
(3) filing a request to divide out the goods and/or services that have not been refused registration, so that the mark may be published for opposition for those goods or services to which the refusal does not pertain (See 37 C.F.R. §2.87 and TMEP §§1110.05 and 1403.03 regarding the requirements for filing a request to divide); or
(4) changing the basis for the goods and/or services identified in the refusal, if appropriate (the basis may not be changed for applications filed under Trademark Act §66(a)).
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.
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:
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/tow.
GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm