UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 79/038665
MARK: RISING SUN
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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: ZHEJIANG XURI INDUSTRY & TRADE; CO., LTD ETC.
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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.
INTERNATIONAL REGISTRATION NO. 0924694
This is a PROVISIONAL PARTIAL REFUSAL of the trademark mark in the above-referenced U.S. application that applies to only the following goods in the application: water-pipe valves of plastic, clips for cables and wires, picture frames, plaited rattan products except shoes, hats, matting, cushions; plaited straw products except shoes, hats, matting, cushions; and bolsters
15 U.S.C. §1141h(c).
WHO IS PERMITTED TO RESPOND TO THIS PROVISIONAL PARTIAL REFUSAL:
Applicant may respond directly to this provisional refusal Office action, or applicant’s attorney may respond on applicant’s behalf. However, the only attorneys who can practice before the USPTO in trademark matters are as follows:
(1) Attorneys in good standing with a bar of the highest court of any U.S. state, and
(2) Canadian attorneys who have applied for and received reciprocal recognition by the USPTO under 37 C.F.R. §10.14(c). Canadian attorneys can only represent Canadian applicants.
37 C.F.R. §10.14; TMEP §602.
Foreign attorneys are not permitted to practice before the USPTO, other than properly authorized Canadian attorneys. Preparing a paper, authorizing an amendment to an application, or submitting legal arguments in response to a requirement or refusal constitutes representation of a party in a trademark matter. A response signed by an unauthorized foreign attorney is considered an incomplete response. TMEP §§602, 602.03, 603.05.
THE APPLICATION HAS BEEN PROVISIONALLY PARTIALLY REFUSED AS FOLLOWS:
NOTE: This is a partial refusal Office action. Requirement(s) in this Office action apply only to specified goods in the U.S. application.
The wording water-pipe valves of plastic needs clarification because it is indefinite. Applicant may add the wording, being other than machine parts for clarification, e.g., water-pipe valves of plastic being other than machine parts, if accurate. The wording, clips for cables and wires needs clarification because it is indefinite and the material composition must be stated, e.g., non-metal clips for cables and wires, if accurate. The wording picture frames needs clarification because it is indefinite and the material composition must be stated, e.g., picture frames not of precious metal, if accurate. The wording, plaited rattan products except shoes, hats, matting, cushions needs clarification, because it includes the word products which is indefinite The common commercial name of the specific rattan goods must be stated, e.g. rattan furniture excluding cushions. The wording “except shoes, hats, matting, must be deleted from the identification, because these goods belong in other classes. The wording, plaited straw products except shoes, hats, matting, cushions
needs clarification because the term, products it is indefinite. The common commercial name of the specific plaited straw goods must be stated, e.g. plaited straw furniture excluding cushions, if accurate.
The wording bolsters needs clarification because it is indefinite, and applicant must state the use, e.g. baby bolsters, if accurate.
TMEP §1402.01. The Applicant may adopt the suggested identification, if accurate.
International Class 020 Furniture, bins of wood or plastic; drain traps and valves of plastic; water-pipe valves of plastic being other than machine parts; non-metal clips for cables and wires; mirrors; picture frames not of precious metal; plaited rattan furniture excluding cushions; plaited straw furniture excluding cushions; works of art of bamboo, wood or plastic; coat hooks not of metal; baby bolsters
Please note that, while the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.
The trademark examining attorney examines identifications of goods for acceptability in accordance with the Rules of Practice in Trademark Cases and USPTO policies and procedures in effect at the time registration is sought. Descriptions of goods found in earlier-filed applications and registrations are not always determinative on the issue of acceptability of such identifications in the present time. For guidance on writing identifications of goods, please use the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html, which is frequently updated in accordance with prevailing rules and policies. See TMEP §§702.03(a)(iv) and 1402.04.
If the 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.
The Applicant may not add an additional class to a Section 66(a) application. Because the final decision on the classification of the goods in an international application rests with the IB, the USPTO will not reclassify goods. TMEP § 1902.02(g). The international classification of goods in applications filed under Trademark Act Section 66(a) cannot be changed from the classification given to the goods by the International Bureau of the World Intellectual Property Organization in the corresponding international registration. TMEP §§1401.03(d), 1401.04 and 1904.02(b).
If the Applicant should fail to respond to this Office action within the six month time limit, then the following goods will be deleted from the application:
Water-pipe valves of plastic; clips for cables and wires; picture frames; plaited rattan products except shoes, hats, matting, cushions; plaited straw products except shoes, hats, matting, cushions; and bolsters
The application will then proceed forward for the following goods:
Furniture; bins of wood or plastic; drain traps and valves of plastic; mirrors; works of art of bamboo, wood or plastic; coat hooks not of metal
37 C.F.R. §2.65(a).
If the 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.
USPTO
/Odessa Bibbins/
Attorney Advisor
Law Office 105
Tel: 571-272-9425
Fax:571-273-9425
RESPOND TO THIS ACTION: If there are any questions about the Office action, please contact the assigned examining attorney. A response to this Office Action should be filed using the Office’s Response to Office action form available at http://www.gov.uspto.report/teas/eTEASpageD.htm. If notification of this Office action was received via e-mail, no response using this form may be filed for 72 hours after receipt of the notification. Do not attempt to respond by e-mail as 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.