Offc Action Outgoing

The identification of goods and services in International Classes 16, 35 and 43, is acceptable as amended. Concerning the goods currently identified in International Class 20, the identification of goods is unacceptable because it contains indefinite terms that could be classified in more than one class. The applicant must amend the identification to specify the common commercial names of the goods and arrange them by proper classification in ascending numerical order by international class. If there is no common commercial name, the applicant must describe the product and its intended use. TMEP §§1402.01 and 1402.03. The applicant may access the Office’s Acceptable Identification of Goods and Services Manual 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 that are not within the scope of goods set forth in the present identification.

The applicant may adopt the following identification, if accurate:

Class 20: Furniture; bulletin boards; storage baskets; storage boxes; packaging materials, namely, plastic storage boxes; cardboard storage boxes; hat racks; coat racks; hat and coat stands; magazine racks; and shoe racks.

Note: The remaining terms in the identification of goods in Class 20 submitted with the response filed on February 19, 2008, are indefinite and may not be included in the amended identification unless applicant can identify acceptable goods of the same type in Class 20.

Response Requirements

If applicant fails to respond to this final action within six months of the mailing date, the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). Applicant may respond to this final action by:

(1) submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); and/or

(2) filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class (37 C.F.R. §§2.6(a)(18) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).

In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2). 37 C.F.R. §2.64(a). See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matters. The petition fee is $100. 37 C.F.R. §2.6(a)(15).

/Barbara A. Gold/

Trademark Attorney

Law Office 106

571/ 272-9165

571/ 273-9106 (fax)

Barbara.Gold@uspto.gov

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 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.