To: | Homer TLC, Inc. (sharon_bart@homedepot.com) |
Subject: | TRADEMARK APPLICATION NO. 78534301 - WORKFORCE - N/A |
Sent: | 7/25/2005 5:19:28 PM |
Sent As: | ECOM101@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/534301
APPLICANT: Homer TLC, 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: WORKFORCE
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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 78/534301
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. However, an outstanding issue exists that prevents the pending application from being approved for registration.
The wording in the identification of goods needs clarification because it is too broad and includes goods classified in other international classes. TMEP §§1402.01 and 1402.03. Applicant may substitute either of the following wordings, if accurate:
Waterproofing chemical composition; wallpaper adhesive paste, in International Class 1; and/or
Paints and stains for household exterior and interior uses and a variety of materials; wallpaper removing preparations; wall size; wood preservatives; varnishes; shellac; glazes; paint thinners, in International Class 2.
TMEP §§1402.01 and 1402.03.
It is acknowledged that the applicant has a co-pending application, Serial No. 78/534272, for Class 1 goods and the aforementioned goods in Class 1 may be added to that application. However, please note that, while the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.
/Winston Folmar/
Staff Attorney
Law Office 101
(571) 272-9716 (Tel.)
winston.folmar@uspto.gov
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.