To: | Royal Blunts, Inc. (jke@rodneylaw.com) |
Subject: | TRADEMARK APPLICATION NO. 78575402 - SPANISH FLY - 261-006 |
Sent: | 8/19/05 12:11:56 PM |
Sent As: | ECOM105@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/575402
APPLICANT: Royal Blunts, 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: SPANISH FLY
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CORRESPONDENT’S REFERENCE/DOCKET NO: 261-006
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 78/575402
The assigned trademark examining attorney has reviewed the referenced application filed on February 25, 2005, and has determined the following.
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 §704.02.
IDENTIFICATION OF GOODS
The wording “cigarette holders” and “tobacco pipes” in the recitation of goods is too broad because it could include goods classified in other classes. For example, cigarette holders of precious metal is in International Class 014, while cigarette holders not of precious metal is in International Class 034. The applicant must amend the identification to specify the nature of the goods. TMEP section 1402.01 and 1402.03. Applicant may amend to adopt the following if accurate:
“Cigarette holders of precious metal; tobacco pipes of precious metal.” International Class 014
“Smoking Articles, namely, cigars, cigarettes, tobacco, tobacco leaves and flavored tobacco leaves in the form of a sheet for use in rolling cigars and cigarettes, rolling papers, cigarette holders not of precious metal, tobacco pipes not of precious metal, cigar cutters and chewing tobacco.” International Class 034
Where possible, the examining attorney has provided guidelines to assist the applicant in amending the existing identification of goods and services. The applicant may wish to consult the on-line identification manual on the USPTO homepage for acceptable common names of goods and services; and classification therefor. http://tess2.gov.uspto.report/netahtml/tidm.html.
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 1402.06. Therefore, the applicant may not amend to include any goods that are not within the scope of the goods recited in the present identification.
If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those goods based on intent to use:
(1) Applicant must list the goods 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 not covered by the fee already paid (current fee information should be confirmed at http://www.uspto.gov). 37 C.F.R. §2.86(a)(2); TMEP §§810 and 1403.01.
PARTIAL ABANDONMENT - ADVISORY
If applicant should fail to respond to this Office action within the six month time limit, then the following goods will be deleted from the application:
“Cigarette holders, tobacco pipes”
The application will then proceed forward for the following goods only:
“Smoking Articles, namely, cigars, cigarettes, tobacco, tobacco leaves and flavored tobacco leaves in the form of a sheet for use in rolling cigars and cigarettes, rolling papers, cigar cutters and chewing tobacco.” International Class 034
37 C.F.R. §2.65(a).
/gy/
Gretta Yao
Attorney
United States Patent and Trademark Office
Law Office 105
T. 571-272-9313
F. 571-273-9313
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.