Offc Action Outgoing

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. 37 C.F.R. §2.85(d); TMEP §§1401.03(d), 1904.02(b). Therefore, any modification to this wording must identify goods in International Class 25, the classification specified in the application for these goods.

The following substitute wording is suggested, if appropriate: “long sleeved shirts.”

The wording “headcovers” in the identification of goods is indefinite and must be clarified because it is too broad and could include goods in other international classes. See TMEP §§1402.01, 1402.03. For example, protective head guards for industrial purposes are in International Class 9.

The following substitute wording is suggested, if appropriate: “headcovers, namely, head scarves, hats.”

Applicant may adopt the following identification of goods, if accurate:

International Class 3: Soaps for personal use; perfumery, essential oils, cosmetics, hair lotions; dentifrices

International Class 9: glasses, namely, eyewear; sunglasses; optical apparatus and instruments, namely, cases for eyeglasses; protective helmets; scientific, nautical, and surveying apparatus and instruments, namely, navigation computer systems for automobiles; photographic and cinematographic apparatus and instruments and apparatus for recording, transmission or reproduction of images, namely, cameras, radios, televisions, audio cassette recorders, video cassette recorders, blank magnetic data carriers, blank data recording discs, unexposed film, magnetic data carriers containing interactive multimedia computer game programs for use on personal computers and televisions, and magnetic data carriers comprised of computer hardware and software equipped with interactive video games of virtual reality; weighing equipment, namely, scales and balances; instruments for measuring length; signal processors; life jackets; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, namely, electricity conduits, electric switches, electric transformers, electric accumulators for vehicles, voltage regulators, and electrical controllers; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus

International Class 16: pens; fountain pens; ball-point pens; pencils; mechanical pencils; felt-tip pens; roller ball pens; document markers; writing brushes; sealing waxes; pouches, cases, and boxes for writing instruments; inks and ink refills for writing instruments; note paper; writing paper; note pads; memo pads; name cards; envelopes; diaries; calendars; paperweights; erasers; pencil sharpeners; paper knives; pen and pencil holders; paintings; engravings

International Class 25: clothing, namely, bathing suits, coats, cummerbunds, dressing gowns, fur coats and stoles, hosiery, jackets, pullovers, pajamas, robes, shirts, skirts, suits, sweaters, trousers, underwear, belts, braces in the nature of suspenders, gloves, mufflers, sashes for wear, scarves, shawls, ties, bow ties, tops, Bermudas, bike leather jackets, blousons, down jackets, polos, blazers, [the wording “long-sleeves” is too broad and must be amended to specify goods in Class 25, e.g., long sleeved shirts], pants, T-shirts, sweatshirts, rain jackets, rain pants, wind pants, wind shirts, wind sweaters, socks, golf sweaters, golf rain jackets, golf rain pants, golf wind sweaters, running tights, training shorts, tennis pants, shorts; footwear, boots, shoes, slippers, driving shoes, golf shoes, running shoes, tennis shoes; headgear, namely, caps, hats, headcovers, namely, _____ [too broad, must be amended to specify common commercial name of head cover in Class 25, e.g., head scarves, hats], golf bucket hats, and golf caps

Identifications of goods can be amended only to clarify or limit the goods; adding to or broadening the scope of the goods 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 that are not within the scope of the goods set forth in the present identification.

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.

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. 37 C.F.R. §2.85(d);TMEP §§1401.03(d), 1904.02(b).

Advisory – Correspondence Address

Applicant’s correspondence filed on June 8, 2009 was signed by an attorney; however, the attorney’s address was omitted. When an attorney authorized to practice before the Office under 37 C.F.R. §11.14 transmits and/or signs a document on behalf of an applicant, that attorney is recognized as applicant’s representative. 37 C.F.R. §2.17(a), (c); TMEP §602.01. As such, all future correspondence by the Office will be sent to this attorney. 37 C.F.R §2.18(a); TMEP §603.01. Therefore, in order to complete the application record, applicant must either (1) provide the attorney’s address for correspondence or (2) state that the Office should continue to address correspondence to the attention of the attorney at the previously submitted correspondence address. TMEP §603.01.

Applicant is advised that, until such address is provided, all future correspondence by the Office will be sent to the attention of the attorney at the correspondence address of record. Id.

Response to a Final Action

If applicant does not respond within six months of the date of issuance of this final Office action, the following goods to which the final requirements apply will be deleted from the application by Examiner’s Amendment: “long-sleeves” and “headcovers” in International Class 25.

The application will then proceed for the all goods in International Classes 3, 9 and 16 and the following goods in International Class 25: “clothing, namely, bathing suits, coats, cummerbunds, dressing gowns, fur coats and stoles, hosiery, jackets, pullovers, pajamas, robes, shirts, skirts, suits, sweaters, trousers, underwear, belts, braces in the nature of suspenders, gloves, mufflers, sashes for wear, scarves, shawls, ties, bow ties, tops, Bermudas, bike leather jackets, blousons, down jackets, polos, blazers, pants, T-shirts, sweatshirts, rain jackets, rain pants, wind pants, wind shirts, wind sweaters, socks, golf sweaters, golf rain jackets, golf rain pants, golf wind sweaters, running tights, training shorts, tennis pants, shorts; footwear, boots, shoes, slippers, driving shoes, golf shoes, running shoes, tennis shoes; headgear, namely, caps, hats, golf bucket hats, and golf caps.” 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).

Applicant may respond to this final Office action by:

(1) Submitting a response that fully satisfies all outstanding requirements, if feasible; 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), 2.64(a); TBMP ch. 1200; TMEP §714.04.

In certain rare circumstances, a petition to the Director may be filed pursuant to 37 C.F.R. §2.63(b)(2) to review a final Office action that is limited to procedural issues. 37 C.F.R. §2.64(a); TMEP §714.04; see 37 C.F.R. §2.146(b), TBMP §1201.05; TMEP §1704 (explaining petitionable matters). The petition fee is $100. 37 C.F.R. §2.6(a)(15).

Comments

If applicant has questions about its application or this Office action, please contact the assigned trademark examining attorney at the telephone number below.

/April K. Roach/

Trademark Examining Attorney

Law Office 115

Phone: (571) 272-1092

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.