UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

RESPONSE TIME LIMIT:  TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE. 

 

 

Serial Number  78/708657

 

The assigned examining attorney reviewed the referenced application and determined the following:

 

No Conflicting Marks Found

 

The examining attorney searched the Office records and found no similar registered or pending mark that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d).  TMEP §704.02.  The applicant, however, must respond to the following requirements.

 

Identification of Goods

 

The wording “belt buckles” in the identification of goods is too broad because it could include goods classified in other international classes.  TMEP §§1402.01 and 1402.03.  The applicant may adopt the following identification of goods, if accurate: 

 

Belt buckles of precious metal; in International Class 14 

 

Belt buckles not of precious metal; in International Class 26

 

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.

 

For assistance with identifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html. 

 

Multi-Class Application

 

The application identifies goods that may be classified in several international classes.  Therefore, the applicant must either:  (1) restrict the application to one class, which is the number of classes covered by the fee already paid, or (2) pay the required fee for each additional class.  37 C.F.R. §2.86(a)(2); TMEP §§810.01, 1401.04, 1401.04(b) and 1403.01. 

 

If the applicant submits the outstanding fees with a paper response, then the applicant must submit $375 for each additional class.  However, if the applicant submits the fees in a response filed via the Trademark Electronic Application System (TEAS), then the applicant must submit $325 for each additional class.  Consolidated Appropriations Act, 2005, Pub. L. 108-447; 37 C.F.R. §2.6, 2.86(a)(2); TMEP §§810.01, 1401.04, 1401.04(b) and 1403.01.

 

Prior Registrations

 

If the applicant is the owner of U.S. Registration Nos. 1602474 and 1660539, then the applicant must submit a claim of ownership.  37 C.F.R. §2.36; TMEP §812.  Copies of the registrations are attached for the applicant’s convenience.  The following standard format is suggested:

 

Applicant is the owner of U.S. Registration Nos. 1602474, 1660539 and others.

 

Delete “®” From Drawing

 

The applicant must submit a new drawing with “®” deleted because it is not part of the mark.  TMEP §§807.04 and 807.15.  The ® is located by the letter “N” in DAVIDSON.

 

If the applicant has questions about its application or needs assistance in responding to this Office Action, please telephone the assigned examining attorney at the number below.

 

 

/LeighLowry/

Leigh A. Lowry

Examining Attorney

U.S. Patent and Trademark Office

Law Office 104

(571) 272-9725

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond formally using the Office’s Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://www.gov.uspto.report/teas/index.html and follow the instructions, but if the Office Action has been issued via email, you must wait 72 hours after receipt of the Office Action to respond via TEAS).
• REGULAR MAIL RESPONSE:  To respond by regular mail, your response should be sent to the mailing return address above and include the serial number, law office number and examining attorney’s name in your response.

 

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.