To: | World Factory, Inc. (jim@waltonpllc.com) |
Subject: | TRADEMARK APPLICATION NO. 78710096 - NICHOLAS COLE - 0664MH-42638 |
Sent: | 3/23/06 8:48:44 AM |
Sent As: | ECOM104@USPTO.GOV |
Attachments: | Attachment - 1 |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/710096
APPLICANT: World Factory, Inc.
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CORRESPONDENT ADDRESS: LAW OFFICES OF JAMES E. WALTON, P.L.L.C. |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: NICHOLAS COLE
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CORRESPONDENT’S REFERENCE/DOCKET NO: 0664MH-42638
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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MAILING/E-MAILING DATE INFORMATION: If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.
Serial Number 78/710096
Search Results
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. Before the application can proceed to publication, however, certain informalities must be addressed.
The wording in the identification of goods/recitation of services needs clarification because it is unspecific and may require registration in additional classes. Applicant may adopt the following identification, if accurate:
Solar powered lawn and garden accessories, namely [specify accessories by common commercial names and function or use] in International Class 009; and/or
Solar light fixtures, namely, indoor and outdoor solar powered lighting units and fixtures in International Class 011. TMEP §1402.01.
Please note that, while the identification of goods/recitation of services may be amended to clarify or limit the goods/services, adding to the goods/services or broadening the scope of the goods/services is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include goods/services that are not within the scope of the 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.
If the applicant is the owner of Registration No. 2823375, the applicant must submit a claim of ownership. 37 C.F.R. §2.36; TMEP §812. (See attached.)
Applicant must clarify whether the name in the mark identifies a particular living individual.
If the name in the mark identifies a particular living individual, then applicant must submit the following:
(1) a signed, written consent from that individual, authorizing applicant to register the name as a trademark with the USPTO; and
(2) a statement that “NICHOLAS COLE identifies a living individual whose consent is of record.”
However, if the name in the mark does not identify a living individual, then applicant must submit a statement that “NICHOLAS COLE does not identify a living individual.” Trademark Act Section 2(c), 15 U.S.C. §1052(c); TMEP §§813 and 1206.
Response to Office Action
Applicant should include the following information on all correspondence with the Office: (1) the name and law office number of the trademark examining attorney; (2) the serial number of this application; (3) the mailing date of this Office action; and, (4) applicant's telephone number. 37 C.F.R. §2.194(b)(1); TMEP §302.03(a).
/Timothy J. Finnegan/
Trademark Examiner
Law Office 104
(571) 272-9710
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.