UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 79/043684
MARK: WINCH
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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: CreaLuxe SA
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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.
Every attempt is made to address all relevant issues in the first examination of trademark applications. The examining attorney regrets any inconvenience to the applicant at this time.
The assigned trademark examining attorney has reviewed the referenced application and has determined the following:
UNACCEPTABLE IDENTIFICATION
In the identification of goods, applicant must use the common commercial or generic names for the goods, be as complete and specific as possible, and avoid the use of indefinite words and phrases. If applicant uses indefinite words such as “accessories,” “components,” “devices,” “equipment,” “materials,” “parts,” “systems” or “products,” such words must be followed by “namely,” followed by a list of the specific goods identified by their common commercial or generic names. TMEP §§1402.01 and 1402.03(a).
Suggestions and explanations are incorporated into the proposed identification below. Applicant may adopt the following if appropriate.
International Class 14
The wording “Precious metals and their alloys and goods made of these materials and plated therewith included in this class namely, tie clips, cuff links, key rings; timepieces and chronometric instruments; watches, wristwatches, mechanical wristwatches, chronographs, alarm clocks, pocket watches, jewelry watches, clocks; movement for clocks and watches; watch and clock presentation cases, cases for clocks and watches” in the identification of goods and/or services is indefinite and must be clarified because it is too broad and could include goods and/or services in other international classes. See TMEP §§1402.01, 1402.03.
The international classification of goods and/or services in applications filed under Trademark Act Section 66(a) cannot be changed from the classification the International Bureau assigned to the goods and/or services in the corresponding international registration. TMEP §§1401.03(d), 1904.02(b).
Therefore, any modification to this wording must identify goods and/or services in International Class 14, the classification specified in the application for these goods and/or services.
The following substitute wording is suggested, if appropriate:
“Precious metals and their alloys and goods made of these materials and plated therewith included in this class namely, tie clips, cuff links, key rings; timepieces and chronometric instruments; watches, wristwatches, mechanical wristwatches, chronographs, alarm clocks, pocket watches, jewelry watches, clocks; movement for clocks and watches, namely, {indicate common commercial name of the movement for clocks and watches}; watch and clock presentation cases, cases for clocks and watches.”
International Class 16
The wording in International Class 16 is acceptable as written.
International Class 18
The wording in International Class 18 is acceptable as written.
For assistance with identifying and classifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html.
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 international classification of goods and/or services in applications filed under Trademark Act Section 66(a) cannot be changed from the classification given to the goods and/or services 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).
SIGNIFICANCE INQUIRY – STATEMENT ADVISORY
Per the applicant’s response, the following statement will be added to the application of record:
“The mark does not have any significance or meaning in a foreign language.” 37 C.F.R. §2.61(b).
If 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.
/Napoleon K. Sharma/
Trademark Examining Attorney
Law Office 107
571-272-3387
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.