UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/964037
MARK: PRIORITY
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CORRESPONDENT ADDRESS: |
RESPOND TO THIS ACTION: http://www.gov.uspto.report/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: Cosmoda Concept Corporation
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.
X Action on this application was suspended pending receipt of a true copy, a photocopy, a certification, or a certified copy of a foreign registration from applicant's country of origin. Applicant must indicate the status of the relevant foreign application. 15 U.S.C.§1126(e); 37 C.F.R. §2.34(a)(3)(ii); TMEP §§§716.02(b), 716.05, 1004.01.
Action on this application was suspended pending termination of civil litigation. Applicant must indicate the status of the relevant civil litigation. TMEP §§716.02(d), 716.05.
The following refusal(s)/requirement(s) is/are continued and maintained:
1. Trademark Act Section 2(d) Refusals to Register:
U.S. Registration No. 1467470 for the International Class 025 goods. The examining attorney has considered applicant’s arguments but has found them unpersuasive. The dominant feature in the mark PRIORITY MALE in which the wording PRIORITY is the initial word and the wording MALE is disclaimed remains PRIORITY. As such, the mark is confusingly similar to applicant’s mark PRIORITY. Applicant still has clothing in its identification of goods in this application and thus the goods are related. Thus, the Trademark Act Section 2(d) is maintained.
2. Partial Requirement for Identification of Goods
THIS REQUIREMENT APPLIES ONLY TO THE GOODS SPECIFIED THEREIN
Applicant’s request to divide’s instructions resulted in the language “security money holders” to move to a child application, but the result is that “travel slippers, namely, money belts” remains in this application. This language does not make sense and application must amend the language to “travel slippers; money belts” or else delete the language completely.
For guidance on writing identifications of goods and/or services, please use the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm/html, which is continually updated in accordance with prevailing rules and policies. See TMEP §§702.03(a)(iv) and 1402.04.
Please note that, 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.
/Tasneem Hussain/
Trademark Examining Attorney
Law Office 105
(571) 272-8273
RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.gov.uspto.report/teas/eTEASpageD.htm, waiting 48-72 hours if applicant received notification of the Office action via e-mail. For technical assistance with the form, please e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned examining attorney. Do not respond to this Office action by e-mail; the USPTO does not accept e-mailed responses.
If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.
STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.