UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 79/053792
MARK: USP
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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: Heckler & Koch GmbH
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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. 0964190.
This is a PROVISIONAL FULL REFUSAL of the trademark and/or service mark in the above-referenced U.S. application. See 15 U.S.C. §1141h(c).
WHO IS PERMITTED TO RESPOND TO THIS PROVISIONAL FULL 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, the District of Columbia, Puerto Rico, and other federal territories and possessions of the United States; and
(2) Canadian agents/attorneys whorepresent applicants residing in Canada and who have received reciprocal recognition by the USPTO under 37 C.F.R. §10.14(c).
37 C.F.R. §§10.1(c), 10.14; TMEP §602.
Foreign attorneys are not permitted to practice before the USPTO, other than properly authorized Canadian attorneys. TMEP §602.06(b). Filing written communications, 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. See TMEP §§602.03, 712.03.
THE APPLICATION HAS BEEN PROVISIONALLY REFUSED AS FOLLOWS:
SEARCH RESULTS – NO CONFLICTING MARKS
REQUIREMENTS
Applicant must respond to the requirements set forth below.
REQUIREMENT – IDENTIFICATION OF GOODS IS INDEFINITE
Parentheses:
Therefore, applicant must remove the parentheses from the identification of goods and incorporate the parenthetical information into the description.
Punctuation:
In addition, please note the punctuation in the suggested identification below. In the identification of goods, the semicolon is used to separate different goods. The comma is used within a subset of the same goods to separate a listing of goods in the particular subset.
Suggested Identification of Goods:
Applicant may adopt the following identification of goods, if accurate. See TMEP §1402.01.
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IC 013: |
Firearms; weapons, namely, air pistols; weapons, namely, air guns; blank weapons, namely, {indicate the specific type of blank weapons, e.g., blank guns, blank pistols}; soft-air-weapons, namely, {indicate the specific type of soft-air-weapons, e.g., soft air pistols, soft air guns, soft air rifles} |
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IC 028: |
Toy weapons; playthings, namely, toy air pistols; playthings, namely, toy air guns; playthings, namely, toy pistols; playthings, namely, toy colour bullet pistols |
Identification of Goods Advisories:
1. Refer to the Manual of Acceptable Identifications of Goods and Services for Assistance
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. See TMEP §1402.04.
2. Broadening the Scope of the Goods and/or Services is Not Permitted
3. Classification for Goods/Services Cannot be Changed
REQUIREMENT – CLAIM OF OWNERSHIP OF PRIOR REGISTRATIONS
If applicant is the owner of U.S. Registration Nos. 1832127 and 1833281, then applicant must submit a claim of ownership.[1] 37 C.F.R. §2.36; TMEP §812. The following standard format is suggested:
Applicant is the owner of U.S. Registration Nos. 1832127 and 1833281.
RESPONDING TO THIS OFFICE ACTION
To expedite prosecution of this application, applicant is encouraged to file its response to this Office action online via the Trademark Electronic Application System (TEAS), which is available at http://www.gov.uspto.report/teas/index.html.
If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney.
/Tina Brown/
Trademark Examining Attorney
Law Office 105
Phone: (571) 272-8864
Fax: (571) 273-8864
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.