Offc Action Outgoing

STRICT DEADLINE TO RESPOND TO THIS NOTIFICATION: TO AVOID PARTIAL ABANDONMENT OF THE REQUEST FOR EXTENSION OF PROTECTION OF THE INTERNATIONAL REGISTRATION ABOVE, THE USPTO MUST RECEIVE A COMPLETE RESPONSE TO THIS REFUSAL WITHIN 6 MONTHS OF THE “DATE ON WHICH THE NOTIFICATION WAS SENT TO WIPO (MAILING DATE)” LOCATED ON THE WIPO COVER LETTER ACCOMPANYING THIS NOTIFICATION.

The “Mailing Date” appearing on the WIPO cover letter may also be found through the USPTO’s Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please enter the U.S. Application Serial Number for this application and select “Documents.” The “Mailing Date” is the “Create/Mail Date” of the “IB-1rst Refusal Note.”

This is a PROVISIONAL PARTIAL REFUSAL of the request for extension of protection of the mark in the above-referenced U.S. application that applies to only the following goods in the application. See 15 U.S.C. §1141h(c).

Sealing caps and other sealing devices made of plastic; valve closures

Mini-sprays; metal pumps for perfumes and cosmetic products; metal pumps to be attached to aerosols and other containers; valves of metal; pumps made of plastic to be attached to aerosols and other containers; bottles and small bottles of shampoo of plastic; devices of plastic to be attached to containers for dispensing the content of these containers; containers made of plastic; seals and tight seals of plastic for containers; pumps of plastic for perfumes and cosmetic products; plastic stoppers for dispensers

WHO IS PERMITTED TO RESPOND TO THIS PROVISIONAL PARTIAL REFUSAL: Applicant may respond directly to this provisional refusal Office action if applicant is not represented by an authorized attorney. See 37 C.F.R. §2.193(e)(2)(ii). Otherwise, applicant’s authorized attorney must respond on applicant’s behalf. See 37 C.F.R. §2.193(e)(2)(i). However, the only attorneys who are authorized to sign responses and 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.

(2) Canadian agents/attorneys who represent applicants located in Canada and (a) are registered with the USPTO and in good standing as patent agents or (b) have been granted reciprocal recognition by the USPTO.

See 37 C.F.R. §§2.17(e), 2.62(b), 11.1, 11.5(b)(2), 11.14(a), (c); TMEP §§602, 712.03.

Foreign attorneys, other than authorized Canadian attorneys, are not permitted to represent applicants before the USPTO. See 37 C.F.R. §§2.17(e), 11.14(c), (e); TMEP §602.03-.03(b). That is, foreign attorneys may not file written communications, authorize an amendment to an application, or submit legal arguments in response to a requirement or refusal, among other things. See 37 C.F.R. §11.5(b)(2); TMEP §§602.03(c), 608.01. If applicant is represented by such a foreign attorney, applicant must respond directly to this provisional refusal Office action. See 37 C.F.R. §2.193(e)(2)(ii).

DESIGNATION OF DOMESTIC REPRESENTATIVE: The USPTO encourages applicants who do not reside in the U.S. to designate a domestic representative upon whom notices or process may be served. 15 U.S.C. §§1051(e), 1141h(d); 37 C.F.R. §2.24(a)(1)-(2); see TMEP §610. Such designations may be filed online at http://www.gov.uspto.report/trademarks/teas/index.jsp.

THE APPLICATION HAS BEEN PROVISIONALLY PARTIALLY REFUSED AS FOLLOWS:

This is a partial refusal Office action; the refusal(s) and/or requirement(s) apply only to specified goods in the U.S. application.

The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62, 2.65(a); TMEP §§711, 718.03.

SEARCH RESULTS

The Office records have been searched and there are no similar registered or pending marks that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.

IDENTIFICATION OF GOODS

The identification of goods is unacceptable because it includes wording that is indefinite. Applicant must amend the identification by listing each item specifically or by its generic or common commercial name. See TMEP §§1402.01, 1402.03.

Applicant should note the suggestions and/or explanations in bold in the proposed identification below.

The applicant is strongly urged to consult the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html for assistance with identifying and classifying goods and services in this trademark application.

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 and/or services in the International Classes specified in the application for these goods and/or services.

The following substitute wording is suggested, if appropriate:

International Class 020

Non-metallic sealing caps; sealing devices of plastic, namely, [specify, e.g. plastic rods for sealing bags; plastic clips for sealing caps]; valve closures in the nature of non-metallic closures for containers

International Class 021

Glass stoppers for dispensers; mini-spray bottles sold empty; dispensers of plastic for perfumes and cosmetic products; manually actuated metal pump dispensers for attachment to containers for dispensing perfumes and cosmetic solutions; manually actuated plastic pump dispensers for attachment to aerosol dispensers not for medical use and containers for use in dispensing liquids; plastic bottles and small plastic bottles for shampoo, sold empty; devices of plastic to be attached to containers for dispensing the content of these containers, namely, manually actuated pump dispensers for attachment to containers for use in dispensing liquids; plastic storage containers for household use; closures made of plastic for containers; seals and tight seals of plastic for containers, namely, reusable self-sealing lids for household use for storage containers for household use; manually actuated plastic pump dispensers for attachment to containers for use in dispensing perfumes and cosmetic solutions; plastic stoppers especially adapted for use with dispensers for [specify, e.g. liquid soap]

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.

An applicant may amend an identification of goods and/or services 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. In addition, in an application filed under Trademark Act Section 66(a), an applicant may not change the classification of goods and/or services from that assigned by the International Bureau in the corresponding international registration. 37 C.F.R. §2.85(d); TMEP §§1401.03(d), 1904.02(b). Further, in a multiple-class Section 66(a) application, an applicant may not transfer goods and/or services from one existing international class to another. 37 C.F.R. §2.85(d); see TMEP §§1402.07(a), 1904.02(c).. 37 C.F.R. §2.85(d); see TMEP §§1402.07(a), 1904.02(c).

FAILURE TO RESPOND – ABANDONMENT OF SPECIFIC GOODS

If applicant should fail to respond to this Office action within the six-month period for response, then the following goods and/or services will be deleted from the application: Sealing caps and other sealing devices made of plastic; valve closures

The application will then proceed with the rest of the goods in the application. 37 C.F.R. §2.65(a).

If applicant has questions regarding this Office action, please telephone the assigned trademark examining attorney.

/Evelyn Bradley/

Evelyn Bradley

Trademark Examiner

Law Office 105

(571) 272-9292

evelyn.bradley@uspto.gov

TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.

All informal e-mail communications relevant to this application will be placed in the official application record.

WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at http://tarr.gov.uspto.report/. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/teas/eTEASpageE.htm.