Offc Action Outgoing

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  78/864702

 

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

SEARCH    TMEP §704.02   The trademark 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 OF GOODS  TMEP §1402.01.

TMEP Sections 1402 and 1402.03(a)     In an identification of goods, the applicant must use the common commercial names for the goods, be as complete and specific as possible and avoid the use of indefinite words and phrases.  If the applicant chooses to use indefinite terms, such as "accessories," “and/or,” "components," "devices," “etc.,” "equipment," “including,” "materials," "parts," "systems" and "products," then those words must be followed by the word "namely" and the goods listed by their common commercial names. 

The application has submitted the following identification of goods in International Class 011:

Gas and electric cookware and food warming products for professional, restaurant, commercial and institutional use

 

The wording in the identification of goods is unacceptable as indefinite.  Applicant must specify the common commercial name(s) of the cookware and food warming products.

For example, if accurate, the applicant may amend this wording to:

·        Gas and electric cookware, namely, __________________ [specify, e.g.,  pots, pans, broilers, roasters, ] for professional, restaurant, commercial and institutional use, in International Class 011

 

·        Gas and electric food warming products, namely, ____________________ [specify, warming units, warmers, warming trays] for professional, restaurant, commercial and institutional use, in International Class 011

 

 

The applicant may wish to consult the on-line identification manual on the PTO homepage for

acceptable common names of goods and services.

http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/

37 C.F.R. Section 2.71(a); TMEP §1402.06   While an application may be amended to clarify or limit the identification, additions to the identification are not permitted.  Therefor, the applicant may not amend to include any goods/services that are not within the scope of the goods/services recited in the present identification.

 

 

Claim of Ownership of U.S. Registration    37 C.F.R. §2.36; TMEP §812.

If the applicant is the owner of U.S. Registration No.  3099286, the applicant must submit a claim of ownership.  see attached.

 

The applicant may telephone the examining attorney, instead of submitting a written response, to expedite the application.

/Linda E. Blohm/  Trademark Examining Attorney

571.272.9129,   Law Office 110

Facsimile 571.273.9110

 

For inquiries or questions about this office action, please contact the assigned examining attorney.

 

 

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