To: | United States Polo Association, Inc. (pat@iplaw1.net) |
Subject: | TRADEMARK APPLICATION NO. 78744325 - USPA - 845-046 |
Sent: | 5/8/2006 5:15:33 PM |
Sent As: | ECOM103@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/744325
APPLICANT: United States Polo Association, 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: USPA
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CORRESPONDENT’S REFERENCE/DOCKET NO: 845-046
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 78/744325
The assigned trademark examining attorney has reviewed the referenced application and has determined the following:
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, before the mark can proceed, the following issue(s) must be addressed:
Please note the following: All issues raised in this office action may be resolved by emailing (theodore.mcbride1@uspto.gov) or calling (571-272-9281) the undersigned examining attorney and authorizing changes consistent with the suggestions/questions in the office action. When sending an email, please include the wording "EXAMINER'S AMENDMENT" and the serial number in the subject field of the email. Upon notification of the examining attorney and authorizing the changes, an examiner's amendment will be promptly issued.
Identification of Goods
As to the goods in International Class 25, the Applicant must clarify the identification of goods to specify the common commercial or generic name for the goods. If there is no common commercial or generic name, then applicant must describe the product and intended consumer as well as its main purpose and intended uses.
Please note the following guidelines when amending the identification of goods:
· Registered marks are not to be used in the application to describe applicant's goods. TMEP §1402.09.
· Parenthetical information is only permitted in identifications if it serves to explain or translate the matter immediately preceding the parenthetical phrase in such a way that it does not affect the clarity of the identification, e.g., “obi (Japanese sash).” TMEP §1402.12.
· While the identification of goods and/or services may be amended to clarify or limit the goods and/or services, adding to the goods and/or services or broadening the scope of the goods and/or services is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include goods and/or services that are not within the scope of the goods and/or services 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.
Applicant may adopt the following identification of goods, if accurate. TMEP § 1402.01.
International Class 25: Clothing for ladies, men, and children, namely, jeans, polo shirts, t-shirts, pants, dress shirts, footwear, HEADWEAR, OUTERWEAR, NAMELY, (applicant must specify common commercial name or describe the product[s] and its/their intended uses), socks, swimwear, suits, ties, underwear, sweaters, overcoats, blouses, shirts, dresses, scarves, jackets, shorts, and belts
If the applicant has any questions or needs assistance in responding to this Office action, please email the assigned examining attorney or call the trademark helpline at 571-272-9250.
/tmm/
Theodore McBride
HELP LINE: 571-272-9250
theodore.mcbride1@uspto.gov
phone: 571-272-9281
fax: 571-273-5281
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.