Offc Action Outgoing

This Office action is in response to applicant’s communication filed on August 7, 2008. The trademark examining attorney has reviewed applicant’s response and has determined the following:

SATISFIED REQUIREMENT

The following requirement has been satisfied: Claim of Ownership of Prior Registration requirement. TMEP §§713.02, 714.04.

REQUIREMENT – IDENTIFICATION OF GOODS IS INDEFINITE

The identification of goods is indefinite and must be clarified because some of the wording is too broad making the nature of the goods unclear. Applicant must clarify the identification of goods by specifying the type of goods as indicated below. See TMEP §1402.01.

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.

IC 013:	Firearms, namely, guns, pistols, revolvers, rifles, carabines in the nature of {indicate the specific type of carabines, e.g., rifles}, side arms in the nature of {indicate the specific type of side arms, e.g., guns, pistols, revolvers}, ammunition and projectiles; air pistols, air guns and air carabines in the nature of {indicate the specific type of air carabines, e.g., rifles}; blank weapons, namely, component parts for blank weapons in the nature of blank fire adapter for {indicate the use/purpose blank fire adapters}, loading tools for weapons in the nature of magazine loaders and unloaders, blank guns, blank pistol and blank rifles; soft-air-weapons, namely, soft air pistols, soft air guns and soft air rifles

IC 028:	Toy weapons; playthings, namely, toy air pistols and toy air guns; color bullet toy 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

Identifications of goods and/or services can be amended only to clarify or limit the goods and/or services; adding to or broadening the scope of the goods and/or services is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07. 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.

3. Classification for Goods/Services Cannot be Changed

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 in the corresponding international registration. TMEP §§1401.03(d), 1904.02(b).

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.