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  78/852803

 

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

 

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.

 

However, before this application can be approved for publication the applicant must respond to the following informalities set forth within.  

 

Identification of Goods

 

Class 009

 

Applicant must clarify the identification of goods, “prerecorded audio cassettes, prerecorded video cassettes, prerecorded audio tapes, prerecorded video tapes”, by specifying the subject matter of the goods. TMEP §1402.01.

 

COMPUTER PERIPHERAL, NAMELY MOUSE PADS, HOLDERS FOR COMPACT DISCS, COMPUTER GAME CARTRIDGES, COMPUTER GAME CASSETTES, AND COMPUTER GAME TAPES; VIDEO GAME CARTRIDGES, VIDEO GAME CASSETTES; PRERECORDED AUDIO CASSETTES FEATURING {INDICATE SUBJECT MATTER}, PRERECORDED VIDEO CASSETTES FEATURING {INDICATE SUBJECT MATTER}, PRERECORDED AUDIO TAPES FEATURING {INDICATE SUBJECT MATTER}, PRERECORDED VIDEO TAPES FEATURING {INDICATE SUBJECT MATTER}, PRERECORDED DISCS FEATURING MUSIC AND MOTION PICTURE SOUND TRACKS; CD ROM AND DVD PROGRAMS FEATURING MUSIC AND MOTION PICTURE SOUND TRACKS; COMPUTER OPERATING SYSTEM SOFTWARE; PRERECORDED COMPUTER SOFTWARE PROGRAMS FEATURING MUSIC AND MOTION PICTURE SOUND TRACKS; INTERACTIVE MULTIMEDIA SOFTWARE PROGRAMS CONTAINING MOTION PICTURES FOR ENTERTAINMENT; INTERACTIVE MULTI-MEDIA SOFTWARE FOR PLAYING GAMES; MAGNETS AND SUNGLASSES”.

 

Class 016

 

The Office does not allow the use of the “or” in “note pads or writing pads” and  “stamp pads or inking pads” in the identification of goods and/or services because it does not clearly identify the nature of the goods and/or services provided. The “/” symbol is considered the equivalent of the wording “or” and thus, is not permitted in the identification of goods and/or services. Please amend the identification of goods and/or services to identify with clarity and specificity the exact nature of the goods and/or services provided and remove the “/” symbol. Examining attorney suggests replacing “or” with “and”, if accurate.

 

Applicant is advised to replace the semi-colon in, “paper party supplies; namely, paper party hats” with a comma and to delete the comma from “study kits, consisting of”.

 

Applicant may use the following example as a suggested acceptable form of identification of goods:

 

“PAPER PARTY DECORATIONS; PAPER PARTY SUPPLIES, NAMELY, PAPER PARTY HATS, PAPER NAPKINS, PAPER PLACE MATS, GIFTWRAPPING PAPER AND GIFT WRAPPING RIBBONS, PAPER GIFT WRAP BOWS, PAPER TABLE CLOTHS AND PAPER PARTY BAGS; CHILDREN'S ACTIVITY BOOKS, CHILDREN'S STORYBOOKS, COMIC BOOKS, COLORING BOOKS, BOOK MARKS, LOOSE LEAF BINDERS, STATIONERY-TYPE PORTFOLIOS, SPIRAL BOUND NOTEBOOKS, NOTE PADS AND WRITING PADS, DIARIES, DAILY PLANNERS, CALENDARS, SCRAPBOOK ALBUMS, SKETCHBOOK ALBUMS, PHOTOGRAPH ALBUMS, STICKER ALBUMS, STICKERS, DECALS, STAMP PADS AND INKING PADS, RUBBER STAMPS, HEAT APPLIED APPLIQUES MADE OF PAPER, TEMPORARY TATTOOS, SLATEBOARDS FOR WRITING, PENCILS, PENS, PENCIL ERASERS, DECORATIVE PENCIL-TOP ORNAMENTS, PEN CASES AND PENCIL CASES, PEN BOXES AND PENCIL BOXES, PENCIL SHARPENERS, CHALK, MARKERS, POSTERS, POSTCARDS, TRADING CARDS, GREETING CARDS, PENNANTS MADE OF PAPER, PAINTING SETS FOR CHILDREN; ARTS AND CRAFTS PAINT KITS; STUDY KITS CONSISTING OF PENCIL ERASERS, DRAWING RULERS, PENCIL SHARPENERS AND PENCIL CASE; STATIONERY PACKS CONSISTING OF WRITING PAPER, ENVELOPES, MARKERS, AND STENCILS; AND ACTIVITY KITS CONSISTING OF STICKERS AND STAMPS”.

 

To the extent the suggested identification is incomplete or inaccurate, the applicant is further advised that the Manual of Acceptable Identification of Goods and Services is accessible via the PTO homepage at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/.

 

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 and/or services that are not within the scope of goods and/or services set forth in the present identification.

 

Description

 

Applicant’s description of the mark will not be printed on any registration that may issue from this application.  TMEP §808.03.  The description is unnecessary because the mark is composed of easily recognized letters, numerals, designs, or figurative elements.  TMEP §§808.01(a) and 808.01(b). 

 

 

 

 

/Julie M. Guttadauro/

Trademark Examining Attorney

Law Office 106

(571) 272-5875

(571) 273-9106 (Fax)

 

 

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.