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. 

 

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  78/845475

 

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

 

 

No Likelihood of Confusion

 

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. Section 1052(d). 

 

 

Identification and Classification of Goods and Services

 

The goods and services are: 

 

“Ready-to-assemble furnitures, namely, bed, bedside table, dresser, chest, mirror, chifforobe, storage unit, student desk and hutch, bookcase headboard, lingerie chest, armoire, computer desk, tv/video cart, tv table, entertainment unit, mobile audio unit, coffee table, end table, center table, sofa table, telephone stand, shelf bookcase, shelf storage unit, wardrobe, microwave cart, mobile computer desk and sets combining some or all of the foregoing goods” in Class 20

 

“Operation of a business dealing in the custom design and manufacture of furniture” in Class 37 

 

The identification of goods and services is unacceptable as indefinite and may be classified in more than two classes.  The applicant must clarify the identification of goods and services by specifying the common commercial names of the goods intended, and by specifying and correctly classifying the exact services intended.  TMEP §1402.01.

 

The applicant may adopt the following identification, if accurate:

 

 

Class 20;  ready-to-assemble furniture, namely, beds, bedside tables, dressers, chests, mirrors, WARDROBES, NAMELY, chifforobes, storage chests, student desks and hutches, bookcase headboards, lingerie chests, armoires, computer desks, MOBILE CARTS FOR HOLDING AND MOVING TELEVISIONS, television tables, ENTERTAINMENT CENTERS, MOBILE CARTS, CABINETS AND/OR CREDENZAS FOR HOLDING AUDIO EQUIPMENT, coffee tables, end tables, center tables, sofa tables, TABLES NAMELY TELEPHONE STANDS, shelf bookcases, wardrobes, MOBILE CARTS FOR HOLDING AND MOVING MICROWAVE OVENS, mobile computer desks and sets combining some or all of the foregoing goods.

 

Class 40:  MANUFACTURE OF FURNITURE TO ORDER AND/OR SPECIFICATION OF OTHERS

 

Class 42:  DESIGN FOR OTHERS IN THE FIELD OF FURNITURE

 

 

For assistance with identifying and classifying 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.

 

Please note that, while the identification of goods/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/services set forth in the present identification.

 

 

Multiple Class Application

 

If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those goods and/or services based on an intent to use the mark in commerce under Trademark Act Section 1(b):

 

(1)   Applicant must list the goods and/or services 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 and/or services 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.

 

The applicant has paid the fee for 2 classes.

 

 

Significance of Mark

 

The applicant must indicate whether “AZURA” has any significance in the relevant trade, any geographical significance, or any meaning in a foreign language.  37 C.F.R. §2.61(b).

 

 

Option to Delete Basis

 

If applicant wishes to proceed relying on the applicant’s intent to use the mark in commerce under Trademark Act Section 1(b) as the sole basis for registration, with the claim of priority under Section 44(d), then applicant should so advise the trademark examining attorney.  TMEP §§806.02(f) and 806.04(b).  If applicant chooses to do so, this Office will approve the mark for publication without waiting for applicant to submit a copy of the foreign registration, once all other outstanding issues are resolved.  However, while the application may be approved for publication, the mark will not register until after an acceptable allegation of use has been filed.

 

If applicant does not indicate otherwise, this Office will presume that applicant wishes to rely on the foreign registration as an additional basis for registration.  Thus, the application will not be approved for publication until a copy of the foreign registration and, if appropriate, an English translation signed by the translator, have been filed.  TMEP §§1004.01 and 1004.01(b).

 

 

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

 

 

 

/Katy Halmen/

Trademark Examining Attorney

Law Office 109

Phone:  (571) 272-8911

Fax:  (571) 273-9109

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond using the Office’s Trademark Electronic Application System (TEAS) Response to Office action form available on our website at http://www.gov.uspto.report/teas/index.html.  If the Office action issued via e-mail, you must wait 72 hours after receipt of the Office action to respond via TEAS.  NOTE:  Do not respond by e-mail.  THE USPTO WILL NOT ACCEPT AN E-MAILED RESPONSE.
• 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.  NOTE:  The filing date of the response will be the date of receipt in the Office, not the postmarked date.  To ensure your response is timely, use a certificate of mailing.  37 C.F.R. §2.197.

 

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.