UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
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U.S. APPLICATION SERIAL NO. 79151225
MARK: TTOMA
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Kim Hyun-chul
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
INTERNATIONAL REGISTRATION NO. 1214079
STRICT DEADLINE TO RESPOND TO THIS NOTIFICATION: TO AVOID ABANDONMENT OF THE REQUEST FOR EXTENSION OF PROTECTION OF THE INTERNATIONAL REGISTRATION, THE USPTO MUST RECEIVE A COMPLETE RESPONSE TO THIS PROVISIONAL FULL REFUSAL NOTIFICATION 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.
In addition to the Mailing Date appearing on the WIPO cover letter, a holder (hereafter “applicant”) may confirm this Mailing Date using the USPTO’s Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. To do so, enter the U.S. application serial number for this application and then select “Documents.” The Mailing Date used to calculate the response deadline for this provisional full refusal is the “Create/Mail Date” of the “IB-1rst Refusal Note.”
This is a PROVISIONAL FULL REFUSAL of the request for extension of protection of the mark in the above-referenced U.S. application. See 15 U.S.C. §1141h(c). See below in this notification (hereafter “Office action”) for details regarding the provisional full refusal.
No Conflicting Marks Noted
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d). However, the applicant must respond to the following issues within the prescribed six-month response period in order to avoid abandonment.
Identification/Recitation of Goods/Services
The identification/recitation of goods/services is indefinite and must be clarified because the true nature of many of the items is unclear. See TMEP §1402.01.
Importantly, an applicant may only amend an identification to clarify or limit the goods and/or services, but not to add to or broaden the scope of the goods and/or services. 37 C.F.R. §2.71(a); see TMEP §1904.02(c)(iv). In an application filed under Trademark Act Section 66(a), the scope of the identification for purposes of permissible amendments is limited by the international class assigned by the International Bureau of the World Intellectual Property Organization (International Bureau). 37 C.F.R. §2.85(f); TMEP §§1402.07(a), 1904.02(c). If an applicant amends an identification to a class other than that assigned by the International Bureau, the amendment will not be accepted because it will exceed the scope and those goods and/or services will no longer have a basis for registration under U.S. law. TMEP §§1402.01(c), 1904.02(c).
In addition, in a Section 66(a) application, 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), 1402.01(c). 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); TMEP §§1401.03(d), 1402.01(c). Accordingly, changes to individual items must be properly classified in the International Class that the good and/or service currently appears. Thus, the examining attorney will only suggest changes for goods and/or services that appear in the current class of the goods and services as listed.
Accordingly, with these guidelines and limitations in mind, the applicant should adopt the following changes to the identification/recitation of goods/services, if accurate:
International Class 5: 1) The wording “veterinary preparations” is indefinite and the applicant must list the condition(s) being treated (i.e., veterinary preparations for _________ e.g., relief of pain, treatment of intestinal bacteria, etc.).; 2) The wording “crude medicines” is indefinite and the applicant must list the condition(s) being treated (i.e., crude medicines for _________ e.g., relief of pain, treatment of intestinal disorders, etc.).; 3) The applicant should amend the wording “chemical preparations for the diagnosis of pregnancy” to the following, if accurate “chemical preparations for the diagnosis of pregnancy, namely pregnancy test kits of home use”.; 4) The applicant should reword “medicine cases, portable, filled” and identify the condition(s) being treated by the medicines (i.e., “portable medicine cases filled with medicines for _________ e.g., relief of pain, treatment of intestinal disorders, etc.).; 5) The applicant should amend the wording “adhesive plasters” to “adhesive plasters for medical purposes,” if accurate.; 6) The applicant should remove the brackets from the wording “panty liners {sanitary}” and should amend the wording to the following, if accurate: “sanitary panty liners.”; 7) The applicant should remove the brackets from the wording “diapers [baby napkins]” and amend the wording to the following, if accurate: “baby napkins, namely, diapers.”
International Class 6: 1) The applicant should amend the wording “baskets of metal” to “baskets of common metals,” if accurate.; 2) The applicant must clarify the type of trays that are properly classified in International Class 6 (e.g., “metal packaging trays”).; 3) The applicant should change the wording “labels of metal” to “identification labels of metal,” if accurate.; 4) The applicant should change the wording “memorial cups of metal” to “memorial cups of metal, namely, commemorative statuary cups of non-precious metal,” if accurate.; 5) The applicant should change the wording “cattle chains” to “metal chains for cattle,” if accurate.; 6) The applicant should change the wording “safety cash boxes” to “metal safety cash boxes,” if accurate.; 7) The wording “semi-finished articles of unrefined copper” is indefinite, and the applicant list each item that applies individually by using its common commercial name (e.g., “Castings, foils, powder, and rolled, drawn or extruded semi-finished articles of unrefined copper”).; 8) The wording “semi-finished articles of unrefined titanium” is indefinite, and the applicant list each item that applies individually by using its common commercial name (i.e., “semi-finished articles of unrefined titanium, namely,_________, e.g., titanium sheet and slabs, etc.).; 9) The applicant should change the wording “window frame systems of metal” to “window frames of metal,” if accurate.; 10) The applicant should remove the brackets from the wording “crampons {climbing irons}” and amend the wording to the following, if accurate: “climbing irons, namely, crampons.”; 11) The applicant should change the wording “buckles of metal” to “buckles of common metal,” if accurate.; 12) The applicant should remove the brackets from the wording “works of art of metal {not of precious metal” and amend the wording to the following, if accurate: “works of art of non-precious metal.”
International Class 8: 1) The applicant should remove the brackets from the wording “table cutlery [knives/forks and spoons]” and should amend the wording to the following, if accurate: “table cutlery, namely, knives, forks and spoons.”; 2) The wording “hand-operated hand tools” is indefinite, and the applicant must list each items that applies individually by using its common commercial name (i.e., hand-operated hand tools, namely, _________, e.g., clamps, hammers, saws, etc.).; 3) The applicant must specify the components contained in the “multi-function folding pocket hand tool” (i.e., Multi-function pocket hand tools comprised of _______ {The applicant must specify the components, e.g., screwdrivers, knives, can openers, file, pliers, etc.}).
International Class 9: 1) The wording “photographic apparatus and instruments” is indefinite, and the applicant must list each item that applies individually by using its common commercial name (i.e., “photographic apparatus and instruments, namely, ________, e.g., cameras, lenses for photographic apparatus, camera tripods,” etc.).; 2) The true nature of “black boxes for vehicles” is unclear and the applicant must further clarify the goods (e.g., “black boxes for vehicles, namely, an apparatus for recording, transmission or reproduction of sound and images for use in the location of vehicles and analysis of accidents involving the vehicles”).; 3) The applicant should remove the brackets from the wording “compasses [directional]” and should amend the wording to the following, if accurate: “directional compasses.”; 4) The applicant should remove the brackets from the wording “spectacle [optics]” and should amend the wording to the following, if accurate: “spectacles.”; 5) The wording “protection devices for personal use against accidents” is indefinite, and the applicant must list each item that applies individually by using its common commercial name (i.e., “protection devices for personal use against accidents, namely, ________, e.g., nets for protection against accidents,” etc.).; 6) The wording “portable rechargers” is indefinite, and the applicant must list each item that applies individually by using its common commercial name (i.e., “portable rechargers, namely, ________, e.g., battery chargers, cell phone battery chargers,” etc.).; 7) The wording “sound recording carriers” is indefinite and the applicant must identify the precise nature of the carriers and must clarify whether the carriers are blank or pre-recorded (i.e., “sound recording carriers, namely, ______,e.g., blank DVDs, pre-recorded DVDs featuring _______ {The applicant must provide the subject matter of the recordings, e.g., sports, music, etc.}, etc.).; 8) The applicant must remove the brackets from the wording “compact discs {audio-video}” and must clarify whether the compact discs are blank or pre-recorded (i.e., “blank audio-video compact discs” or “pre-recorded audio-video compact discs featuring _______ {The applicant must provide the subject matter of the recordings, e.g., sports, music, etc.}, etc.).; 9) The wording “navigation terminals” is indefinite and the applicant must list each item that applies individually by using its common commercial name (i.e., “navigation terminals, namely, ________,e.g., GPS navigation devices, navigation apparatus for vehicles,” etc.).; 10) The wording “preserve film of liquid crystal for mobile phones” is indefinite and the applicant must list each item that applies individually by using its common commercial name (i.e., “preserve film of liquid crystal for mobile phones, namely, ________, e.g., fitted plastic films known as skins for covering and providing a scratch proof barrier or protection for electronic devices, namely, mobile telephones,” etc.).; 11) The applicant must delete the brackets from the wording “computer programs {downloadable software}. In addition, an identification for computer software must specify the purpose or function of the software. See TMEP §1402.03(d). If the software is field-specific, the identification must also specify the field of use. Id. Clarification of the purpose, function, or field of use of the software is necessary for the USPTO to properly examine the application and make appropriate decisions concerning possible conflicts between the applicant’s mark and other marks. See In re N.A.D. Inc., 57 USPQ2d 1872, 1874 (TTAB 2000). Accordingly, the applicant should adopt the following language, if accurate: “downloadable computer software programs for __________ {The applicant must specify the function of the software, e.g., downloading and organizing music files, word processing, etc.}”).; 12) As discussed above, the applicant must provide the function, and if applicable, the field of use, for the “computer application software for mobile phone” (i.e., “computer application software for mobile phones, namely, software for _________, e.g., downloading and organizing music files, word processing, etc.).; 13) As discussed above, the applicant must provide the function, and if applicable, the field of use, for the “computer software” (i.e., “computer software for _________, e.g., downloading and organizing music files, word processing, etc.).; 14) The applicant must clarify whether the “optical discs” are blank or pre-recorded (i.e., “blank optical discs” or “pre-recorded optical discs featuring _______ {The applicant must provide the subject matter of the discs, e.g., sports, music, etc.}, etc.).; 15) The wording “magneto-optical pens” should be changed to “magneto-optical pens, namely electronic pens,” if accurate.; 16) The applicant should remove the parentheses from the wording “mouse (data processing equipment)” and should amend the wording to the following, if accurate: “data processing equipment, namely, computer mouse.”; 17) The applicant should remove the parentheses from the wording “scanners (data processing equipment)” and should amend the wording to the following, if accurate: “data processing equipment, namely, scanners.”; 18) The applicant should the wording “electronic photoalbums” to “electronic photo albums, namely, digital photo frames,” if accurate.; 19) The applicant should remove the parentheses from the wording “electronic pens (visual display units)” and should amend the wording to the following, if accurate: “electronic pens for use with visual display units.”; 20) The wording “and their parts” that follows the term “printers” is indefinite, and the applicant must list each item that applies individually by using its common commercial name (i.e., “printers and printer parts, namely, _________ ,e.g., drum units, print heads, unfilled toner cartridges,” etc.).; 21) The term “USB memories” is indefinite, and the applicant must provide the form of the USB memories and must clarify whether the “USB memories” are blank or pre-recorded (i.e., USB memories, namely, ________, e.g., “blank USB flash drives and cards” or “pre-recorded USB flash drives and cards featuring _______ {The applicant must provide the subject matter of the discs, e.g., sports, music, etc.}, etc.).; 22)The term “helmets” is indefinite, and the applicant must list each type of helmet individually by using its common commercial name (i.e., “helmets, namely, _______, e.g., protective helmets, bicycle helmets, riding helmets,” etc.).; 23) The applicant must specify the subject matter of the “phonographic records” (i.e., “phonographic records featuring _________, e.g., music, sports,” etc.).; 24) The wording “pre-recorded music electronic media” should be changed to “pre-recorded electronic media featuring music,” if accurate.; 25) The brackets should be removed from the wording “pre-recorded non-musical electronic media {excluding computer software” and the wording should be amended to the following, if accurate: “pre-recorded non-musical electronic media excluding computer software featuring _________ {The applicant must provide the subject matter of the electronic media, e.g., sports, animated cartoon, etc.}.; 26) The brackets should be removed from the wording “recorded videotapes {other than music}” and the wording should be amended to the following, if accurate: “pre-recorded videotapes featuring _________ {The applicant must provide the subject matter of the electronic media, e.g., sports, animated cartoon, etc.}.; 27) The wording “magnetic cards” is indefinite, and the applicant must specify the type of cards and their purpose (i.e., “magnetic cards, namely, ________, e.g., magnetic identifying cards, magnetically encoded gift cards, etc.).; 28) The applicant should amend the wording “animated cartoons” to “video disks and video tapes with recorded animated cartoons,” if accurate.; 28) The applicant must list the type and subject matter of the “downloadable electronic publications” (i.e., “downloadable electronic publications, namely, _______, e.g., books, magazines, etc. featuring ________, e.g., sports, comedy, etc.).; 29) The brackets should be removed from the wording “photocopiers [photographic, electrostatic, thermic]” and the wording should be amended to the following, if accurate: “photocopiers, namely, photographic copiers, electrostatic copiers and thermal copiers.”; 30) The applicant must identify the type of “ear plugs” (i.e., “ear plugs for divers, etc.).; 31) The applicant must identify the type of “goggles” (i.e., “goggles, namely, ________, e.g., diving goggles, motorcycle goggles, swim goggles, etc.,”).; 32) The term “discs” is indefinite and the applicant must identify the precise nature of the discs and must clarify whether the discs are blank or pre-recorded (i.e., “discs, namely, ______,e.g., blank floppy discs, blank compact discs, blank digital video discs,” or “pre-recorded discs, namely, compact discs and digital video discs featuring _______ {The applicant must provide the subject matter of the recordings, e.g., sports, music, etc.}, etc.).; 33) The applicant must identify the type of “monitors” (i.e., “monitors, namely, ________, e.g., TV monitors, video monitors, touchscreen monitors,” etc.).
International Class 11: 1) The applicant must identify the type of “ovens” (i.e., “ovens, namely, ________, e.g., cooking ovens, baking ovens, convection ovens,” etc.).; 2) The applicant should amend the wording “heating packs” to “chemically-activated heating packs for providing warmth to the body not for medical purposes,” if accurate.; 3) The applicant should remove the brackets from the wording “urinals {vessels}” and should amend the wording to the following, if accurate: “urinals.”; 4) The applicant should remove the brackets from the wording “wash-hand basins {parts of sanitary installations}; wash-hand stands {parts of sanitary installations}” and should amend the wording to the following, if accurate: “parts of sanitary installations, namely, hand wash basins and hand wash basin stands”; 5) The term “heating apparatus” is indefinite and the applicant must list each item that applies individually by using its common commercial name (i.e., “heating apparatus, namely, ________, e.g., floor heating apparatus, hot water tanks, heating apparatus for vehicles,” etc.),; 6) The applicant should amend the wording “hot air apparatus” to “hot-air space heating apparatus,” if accurate.; 7) The wording “torches for lighting” should be amended to “electric torches for lighting,” if accurate.; 8) The wording “light emitting diodes led lamps; light emitting diodes led bulbs” should be changed slightly to the following, if accurate: “light emitting diode (LED) lamps and light bulbs.”; 9) The applicant should amend the wording “electric mats for household purposes” to “electric floor heating mats for household purposes,” if accurate.; 10) The applicant should remove the brackets from the wording “microwave ovens [cooking apparatus]” and should amend the wording to the following, if accurate: “cooking apparatus, namely, microwave ovens.”; 11) The applicant must identify the type of “cookers” (i.e., “cookers, namely, ________, e.g., electric slow cookers, electric pressure cookers,” etc.).; 12) The wording “heating and air conditioning apparatus” should be amended to “heating installation and air conditioning apparatus,” if accurate.; 13) The wording “apparatus for heating/ventilating and air conditioning” should be amended to “air conditioning, air heating and ventilation apparatus,” if accurate.
International Class 12: 1) The applicant must identify the types of “cycles” (i.e., “cycles, namely, _______, e.g., tricycles, motor cycles,” etc.).; 2) The wording “parts and accessories for cycles” is indefinite, and the applicant must list each item that applies by using its common commercial name (i.e., “parts and accessories for cycles, namely, inner tubes for cycles, front forks for cycles, luggage racks for cycles,” etc.); 3) The wording “parts and accessories for automobiles” is indefinite, and the applicant must list each item that applies by using its common commercial name (i.e., “parts and accessories for automobiles, namely, structural parts for automobiles,” etc.); 4) The wording “parts and accessories for bicycles” is indefinite, and the applicant must list each item that applies by using its common commercial name (i.e., “parts and accessories for cycles, namely, inner tubes, handle bars, forks,” etc.).; 5) The wording “vehicles for locomotion by land, air, water” is indefinite, and the applicant must list each vehicle individually by using its common commercial name (i.e., “vehicles for locomotion by land, air, water, namely, _________, e.g., cars, trucks, boats, airplanes,” etc.).
International Class 16: 1) The applicant should amend the wording “foils for kitchens” to “plastic foils for kitchens,” if accurate.; 2) The applicant should remove the brackets from the wording “binders {office supplies}” and should amend the wording to the following, if accurate: “office supplies, namely, binders.”; 3) The applicant must specify the type of “albums” (i.e., “albums, namely, ________, e.g., photo albums, even albums, stamp albums,” etc.).; 4) The applicant must specify the type of “ink” (i.e., “ink, namely, _________, e.g., India ink, calligraphy ink,” etc.).; 5) The applicant should remove the brackets from the wording “school supplies {stationery},” and should amend the wording to the following, if accurate: “school supplies, namely, stationery.”; 6) The applicant should remove the brackets from the wording “bags [envelopes, pouches] of paper or plastics for packaging,” and should amend the wording to the following, if accurate: “bags, envelopes and pouches of paper or plastic for packaging.”; 7) The applicant must specify the type of “tickets” (i.e., “tickets, namely, ________, e.g., entry tickets, price tickets, printed tickets,” etc.).; 8) The wording “modelling materials” is indefinite, and the applicant must list each item that applies individually by using its common commercial name (i.e., “modelling materials, namely, _______, e.g., clay,” etc.).; 9) The wording “printed publications” in the identification of goods is indefinite and must be replaced with the common name of the type of publication. Additionally, the applicant must also specify the subject matter or field of use of the publications (i.e., printed publications, namely, __________, {The applicant must specify the type of publications, e.g., pamphlets, brochures, newsletters, journals, magazines, etc.} in the field of __________ {The applicant must specify the subject matter of the publications, e.g., sports, music, cartoons, etc.}). TMEP §1402.03(e).; 10) The applicant must clarify the nature and subject matter of the “study books or papers” (i.e., “Educational publications, namely, study books and papers in the field of _________, e.g., math, science, history,” etc.).; 11) The applicant should remove the brackets from the wording “gums [adhesives] for stationery or household purposes,” and should amend the wording to the following, if accurate: “gums, namely, adhesives for stationery or household purposes.”; 12) The applicant should remove the brackets from the wording “stickers [stationery],” and should amend the wording to the following, if accurate: “stickers.”; 13) The wording “printed matter” is indefinite, and the applicant must list each item that applied individually by using its common commercial name (i.e., “printed matter, namely, _________, e.g., printed patterns, printed menus, printed vouchers,” etc.). In addition, if the wording covers printed publications, then the applicant must provide the type and subject matter of each publication (i.e., printed matter, namely, __________, {The applicant must specify the type of publications, e.g., pamphlets, brochures, newsletters, journals, magazines, etc.} in the field of __________ {The applicant must specify the subject matter of the publications, e.g., sports, music, cartoons, etc.}).; 14) The applicant should remove the brackets from the wording “and office requisites [except furniture] that appears after the word “typewriters.” In addition the applicant must list each item that applies individually by using its common commercial name (i.e., “typewriters and office requisites except furniture, namely, __________, e.g., staplers, punches, rubber bands,” etc.).; 15) The wording “plastic materials for packaging” is indefinite and the applicant must list each item that applies individually by using its common commercial name (i.e., “plastic materials for packaging, namely, _________, e.g., plastic film, plastic bags and plastic bubble packs.”
International Class 18: 1) The wording “fur not being clothing” is indefinite, and the applicant must list each item that applies by using its common commercial name (i.e., “fur not being clothing, namely, ________, e.g., fur pelts, fur sold in bulk, semi-worked fur,” etc.).; 2) The applicant must specify the type of “bags” (i.e., “bags, namely, _________, e.g., athletic bags, duffle bags, beach bags,” etc.).; 3) The term “music cases” is indefinite, and the applicant must clarify the precise nature of the goods (i.e., “music cases, namely, _________, e.g., satchels for carrying sheet music,” etc.).; 4) The wording “horse-riding equipment” is indefinite and the applicant must list each item that applies individually by using its common commercial name (i.e., “horse-riding equipment, namely, _________, e.g., harnesses and saddlery, saddle blankets, horse bridles, horse halters,” etc.).
International Class 20: 1) The wording “baskets, not of metal” is indefinite and the applicant must list each type of basket individually by using its common commercial name (i.e., “non-metal baskets, namely, __________, e.g., baker’s bread baskets, baskets for transporting goods for commercial purposes,” etc.).; 2) The wording “trays, not of metal” is indefinite and the applicant must list each type of tray individually by using its common commercial name (i.e., “non-metal trays, namely, __________, e.g., computer keyboard trays, tool and accessory trays sold empty,” etc.).; 3) The applicant should remove the brackets from the wording “bamboo {other than for construction}.” In addition the applicant must list each item that applies individually by using its common commercial name (i.e., “bamboo, other than for construction, namely, ________, e.g., bamboo blinds, bamboo poles,” etc.).; 4) The applicant should amend the wording “clothes chests” to “furniture, namely, chests for clothes,” if accurate.; 5) The applicant should remove the brackets from the wording “chairs [seats],” and should amend the wording to the following, if accurate: “seats, namely, chairs,” if accurate.; 6) The applicant should remove the brackets from the wording “wall ornaments {not of textile}.” In addition the applicant must list each item that applies individually by using its common commercial name (i.e., “wall ornaments not of textile, namely, __________, e.g., wall plaques made of plastic or wood,” etc.).; 7) The applicant should remove the brackets from the wording “mobiles {decoration},” and should amend the wording to the following, if accurate: “decorative mobiles,” if accurate.; 8) The applicant should remove the brackets from the wording “korean cushions [bangsuk],” and should amend the wording to the following, if accurate: “Bangsuk, namely, Korean furniture cushions,” if accurate.; 9) The wording “bedding, except linen” is indefinite and the applicant must list each item that applies individually by using its common commercial name (i.e., “bedding, except linen, namely, _________, e.g., beds, bed pillows,” etc.).; 10) The applicant must clarify the nature of the “fishing baskets.” The wording may be amended to the following, if accurate: “fishing baskets, namely, baskets for transporting fish for commercial purposes.”; 11) The applicant should amend the wording “plastic key cards, not encoded” slightly to “plastic key cards, not encoded and not magnetic.”
International Class 21: 1) The wording “cosmetic utensils” is indefinite, and the applicant must list each item that applies by using its common commercial name (i.e., “cosmetic utensils, namely, _________, e.g., cosmetic spatulas, cosmetic brushes,” etc.).; 2) The wording “cleaning tools and washing utensils other than electric” is indefinite, and the applicant must list each item that applies by using its common commercial name (i.e., “non-electric cleaning tools and washing utensils, namely, _________, e.g., cleaning clothes and sponges, washing brushes,” etc.).; 3) The applicant should amend the wording “loofahs” to “bath products, namely, loofah sponges,” if accurate.; 4) The wording “tableware, other than knives, forks and spoons” is indefinite, and the applicant must list each item that applies by using its common commercial name (i.e., “tableware, other than knives, forks and spoons, namely, _________, e.g., serving spoons, serving ladles, serving trays,” etc.).; 5) The applicant should amend the wording “baskets for domestic use” to “baskets for domestic use, not of metal.”; 6) The applicant should amend the wording “kimchi containers” to “household containers for foods, namely, kimchi containers.”; 7) The applicant should amend the wording “non-electric coffee filters” to “coffee filters not of paper being part of non-electric coffee makers.”; 8) The applicant should remove the brackets from the wording “cabarets [trays],” and should amend the wording to the following, if accurate: “Serving trays, namely, cabarets,” if accurate.; 9) The applicant should remove the brackets from the wording “wash basins [receptacles],” and should amend the wording to the following, if accurate: “wash basins,” if accurate.; 10) The wording “plastic bottles” is indefinite, and the applicant must list each item that applies by using its common commercial name (i.e., “plastic bottles, namely, __________, e.g., plastic bottles sold empty, plastic sports bottles sold empty,” etc.).; 11) The wording “porcelain ware” is indefinite, and the applicant must list each item that applies by using its common commercial name (i.e., “porcelain ware, namely, __________, e.g., porcelain dishes, porcelain figurines, works of art made of porcelain,” etc.).; 12) The wording “kitchen utensils” is indefinite, and the applicant must list each item that applies by using its common commercial name (i.e., “kitchen utensils, namely, _________, e.g., splatter screens, pouring and straining spouts, kitchen tongs,” etc.).; 13) The wording “non-electric cooking utensils” is indefinite, and the applicant must list each item that applies by using its common commercial name (i.e., “non-electric cooking utensils, namely, ___________, e.g., wire baskets, griddles,” etc.).; 14) The applicant must the types of “sponges” included in the wording “combs and sponges” (i.e., “sponges, namely, __________, e.g., scrub sponges, bath sponges, cleaning sponges,” etc.).; 15) The wording “brush goods” is indefinite, and the applicant must list each item that applies by using its common commercial name (i.e., “brush goods, namely, ___________, e.g., dusting brushes, brushes for pets, cake brushes,” etc.).
International Class 24: 1) The wording “table decorations of textile” is indefinite, and the applicant must list each item that applies by using its common commercial name (i.e., “table decorations of textile, namely, ___________, e.g., fabric table runners, table linen,” etc.).; 2) The applicant must specify the type of “blankets” (i.e., “blankets, namely, ________, e.g., bed blankets, baby blankets, pet blankets,” etc.).; 3) The wording “bed clothes” is indefinite, and the examining attorney cannot suggest amended language that would be properly classified in International Class 24. Accordingly, the applicant must either delete “bed clothes” or must amend the wording to clarify the goods to items that would be properly classified in International Class 24.; 4) The applicant should remove the brackets from the wording “korean wadded baby wrapper or a quilt for little children [po-dae-gi],” and should amend the wording to the following, if accurate: “po-dae-gi, namely, swaddling blankets for babies and quilts for little children.”; 5) The applicant should remove the brackets from the wording “travelling rugs [lap robes],” and should amend the wording to the following, if accurate: “travelling rugs, namely, lap robes.”; 6) The applicant must specify the type of “fabric” (i.e., “fabric, namely, _________, e.g., knitted fabric, woven fabric, linen fabric, cotton fabrics,” etc.).; 7) The applicant should remove the brackets from the wording “sheets {textile}.” In addition the applicant must list each item that applies individually by using its common commercial name (i.e., “textile sheets, namely, __________, e.g., bed sheets, bath sheets, crib sheets,” etc.).
International Class 25: 1) The wording “clothing” in the identification of goods is indefinite and must be clarified because it does not specify the types of clothing for which the mark is used. See TMEP §§1402.01, 1402.03. Applicant must amend the identification by inserting the word “namely,” after “clothing” and indicating the specific types of clothing items (e.g., shirts, pants, coats, dresses). See TMEP §§1402.01, 1402.03(a). As noted above, 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). Therefore, although clothing can be classified in international classes other than International Class 25 (e.g., International Classes 9, 10, and 18), any modification to the identification must identify goods in International Class 25 only, the class specified in the application for such goods.; 2) The applicant should remove the brackets from the wording “belts [clothing],” and should amend the wording to the following, if accurate: “belts.”; 3) The applicant must specify the type of “waterproof clothing” (i.e., “waterproof clothing, namely, __________, e.g., waterproof footwear, waterproof jackets, waterproof pants,” etc.).; 4) The applicant should remove the brackets from the wording “mask for the protection against cold {clothing},” and should amend the wording to the following, if accurate: “clothing, namely, knit face masks for protection against cold.”; 5) The applicant should remove the parentheses from the wording “caps (headwear),” and should amend the wording to the following, if accurate: “headwear, namely, caps.”; 6) The applicant should remove the brackets from the wording “hoods {clothing},” and should amend the wording to the following, if accurate: “hoods.”; 7) The applicant should remove the parentheses from the wording “leggings (leg warmers),” and should amend the wording to the following, if accurate: “leg warmers, namely, leggings.”; 8) The applicant should remove the brackets from the wording “muffs {clothing},” and should amend the wording to the following, if accurate: “muffs.”; 9) The applicant should remove the brackets from the wording “mufflers {clothing},” and should amend the wording to the following, if accurate: “mufflers.”; 10) The applicant should remove the brackets from the wording “gloves {clothing},” and should amend the wording to the following, if accurate: “gloves.”; 11) The applicant should remove the brackets from the wording “money belts {clothing},” and should amend the wording to the following, if accurate: “money belts.”; 12) The applicant must specify the type of “golf clothing” (i.e., “golf clothing, namely, __________, e.g., golf shirts, golf hats, golf spikes,” etc.).; 13) The applicant must specify the type of “clothes for fishing” (i.e., “clothes for fishing, namely, __________, e.g., fishing shirts, fishing vest, fishing waders,” etc.).; 14) The applicant must specify the type of “climbing clothes” (i.e., “climbing clothes, namely, __________, e.g., climbing boots, climbing shoes,” etc.).; 15) The applicant must specify the type of “articles of clothing for use in ballet” (i.e., “articles of clothing for use in ballet, namely, __________, e.g., tutus, ballet slippers,” etc.).; 16) The applicant must specify the type of “cyclists’ clothing” (i.e., “cyclists’ clothing , namely, __________, e.g., cycling shoes, cycling jerseys, cycling shorts,” etc.).; 17) The applicant must specify the type of “sports wear” (i.e., “sportswear, namely, __________, e.g., sports jerseys, sports bras,” etc.).; 18) The applicant must specify the type of “outerclothing” (i.e., “outer clothing, namely, __________, e.g., outer jackets, coats, parkas,” etc.).; 19) The applicant must specify the type of “children’s clothing” (i.e., “children’s clothing, namely, __________, e.g., tops, bottoms, shirts, pants,” etc.).; 20) The applicant must specify the type of “one piece suits” (i.e., “one piece suits, namely, __________, e.g., one-piece play suits, one-piece garments for children,” etc.).; 21) The applicant should change the wording “infants’ clothing” to “infant wear,” if accurate.; 22) The applicant should remove the brackets from the wording “jackets {clothing},” and should amend the wording to the following, if accurate: “jackets.”; 23) The applicant should amend the wording “korean traditional dress hanbok” to “Hanbok, namely, traditional Korean dresses.”
International Class 26: 1) The wording “hair roll” is indefinite, and the applicant must list each item that applies by using its common commercial name (i.e., “hair rolls, namely, ___________, e.g., electric and non-electric hair rollers,” etc.).; 2) The applicant should remove the parentheses from the wording “bobbins for retaining embroidery floss or wool {not parts of machines},” and should amend the wording to the following, if accurate: “bobbins for retaining embroidery floss or wool not being parts of machines.”; 3) The applicant should remove the parentheses from the wording “ribbons {haberdashery},” and should amend the wording to the following, if accurate: “haberdashery, namely, ribbons.”; 4) The applicant should remove the brackets from the wording “hair ornaments {not of precious metal},” and should amend the wording to the following, if accurate: “hair ornaments not of precious metal.”; 5) The applicant should remove the brackets from the wording “belt ornaments {not of precious metal},” and should amend the wording to the following, if accurate: “belt ornaments not of precious metal.”; 6) The applicant should remove the brackets from the wording “ornamental novelty pins {not of precious metal},” and should amend the wording to the following, if accurate: “ornamental novelty pins not of precious metal.”; 7) The wording “accessories not of precious metal and Jewelry” is indefinite, and the applicant must list each item that applies by using its common commercial name (i.e., “hair accessories not of precious metal and not being jewelry, namely, ___________, e.g., hair sticks, jaw clips, twisters,” etc.).; 8) The wording “trimmings for clothing” is indefinite, and the applicant must list each item that applies by using its common commercial name (i.e., “trimmings for clothing, namely, _________, e.g., lace trimming,” etc.).; 9) The applicant should remove the brackets from the wording “fancy goods {embroidery},” and should amend the wording to the following, if accurate: “fancy goods, namely, embroidery.”; 10) The wording “fastenings for clothing” is indefinite, and the applicant must list each item that applies by using its common commercial name (i.e., “fastenings for clothing, namely, __________, e.g., snap hooks, snap buttons,” etc.).; 11) The wording “haberdashery, except thread” is indefinite, and the applicant must list each item that applies by using its common commercial name (i.e., “ haberdashery, except thread, namely, _________, e.g., appliques, beads other than for making jewelry,” etc.).
International Class 27: 1) The applicant should amend the term “mattings” to “matting for covering existing floors,” if accurate.; 2) The applicant must specify the type of “mats” (i.e., “mats, namely, _________, e.g., floor mats, beach mats,” etc.).; 3) The applicant should remove the brackets from the wording “non-textile wall hangings {ornaments},” and should amend the wording to the following, if accurate: “non-textile wall hangings.”; 4) The applicant should amend the wording “non-textile hanging scrolls” to “non-textile wall hangings in the nature of hanging scrolls.”
International Class 30: 1) The applicant should amend the wording “polished cereals” to “polished cereals, namely, processed cereals.”; 2) The wording “cereal preparations” is indefinite, and the applicant must list each item that applies by using its common commercial name (i.e., “preparations made from cereal, namely, ___________, e.g., cereal bars, breakfast cereals,” etc.).; 3) The applicant should amend the wording “farinaceous foods” to “farinaceous food pastes for human consumption,” if accurate. In the alternative, the applicant must list each food that applies by using its common commercial name.; 4) The wording “confectionery” is indefinite, and the applicant must list each item that applies by using its common commercial name (i.e., “confectionery, namely, __________, e.g., frozen confectionery, confectionery made of sugar, fondants,” etc.).; 5) The applicant should amend the term “fructose” to “fructose for food,” if accurate.; 6) The applicant should remove the brackets from the wording “sauces [condiments],” and should amend the wording to the following, if accurate: “sauces.”; 7) The wording “aromatic preparation for foods” is indefinite, and the applicant must list each item that applies individually by using its common commercial name.; 8) The wording “condiments” is indefinite, and the applicant must list each item that applies by using its common commercial name (i.e., “condiments, namely, __________, e.g., mustard, ketchup, prepared horseradish ,” etc.).
International Class 32: 1) The wording “powders for effervescing beverages; preparations for making effervescent beverages” should be amended to the following, if accurate: “powders and preparations used in the making of effervescing soft drinks.”; 2) The wording “non-alcoholic fruit extracts” is indefinite, and the applicant must list each item that applies by using its common commercial name (i.e., “non-alcoholic fruit extracts, namely, __________, e.g., fruit nectars, concentrates for making fruit juice,” etc.).; 3) The wording “soda drinks” is indefinite, and the applicant must list each item that applies by using its common commercial name (i.e., “soda drinks, namely, __________, e.g., Italian soda, soda pops, soda water,” etc.).; 4) The applicant should remove the brackets from the wording “non-alcoholic rice punch [sikhye],” and should amend the wording to the following, if accurate: “sikhye, namely, non-alcoholic rice punch”; 5) The applicant should amend the wording “fruit powders for beverages” to “powders used in the preparation of fruit-based beverages,” if accurate.; 6) The wording “red ginseng extracts for beverages” is indefinite and the applicant must list each item that applies individually by using its common commercial name. As a reminder, the goods must be properly classified in International Class 32.; 7) The wording “essences for making beverages” should be amended to “essences for making non-alcoholic beverages.”; 8) The wording “vegetable or fruit processed beverages” is indefinite, and the applicant must list each item that applies by using its common commercial name (i.e., “vegetable or fruit processed beverages, namely, __________, e.g., vegetable drinks, fruit drinks,” etc.).; 9) The applicant should remove the brackets from the wording “vegetable juices {beverages},” and should amend the wording to the following, if accurate: “vegetable juices.”; 10) The applicant should remove the brackets from the wording “waters {beverages}.” In addition the applicant must list each item that applies individually by using its common commercial name (i.e., “waters, namely, _________, e.g., drinking waters, flavored waters, mineral waters,” etc.).; 11) The wording “beverages” is indefinite, and the applicant must list each item that applies by using its common commercial name (i.e., “beverages, namely, ___________, e.g., apple juice beverages, sarsaparilla, cola drinks,” etc.).
International Class 35: 1) The wording “information or enquiries on business and marketing” should be amended to “business information and inquiries and business marketing,” if accurate.; 2) The wording “comprehensive shopping mall by internet” should be amended to “promoting the goods and services of others by means of operating an on-line shopping mall with links to the retail web sites of others,” if accurate.; 3) The wording “intermediary services relating to mail order selling by electric communication” is indefinite and the applicant must list each service that applies individually by using its common commercial name. As a reminder, the services must be properly classified in International Class 35.; 4) The term “advertising” should be amended to “advertising services,” if accurate.; 5) The applicant should remove the parentheses from the wording “outsourcing services (business assistance),” and should amend the wording to the following, if accurate: “business assistance, namely, outsourcing services.”; 6) The wording “arranging the sale of cosmetics” is indefinite and the applicant must list each service that applies individually by using its common commercial name (i.e., “arranging the sale of cosmetics, namely, __________, e.g., operating on-line marketplaces featuring cosmetics, arranging and conducting sales events for others featuring cosmetics,” etc.). As a reminder, the services must be properly classified in International Class 35.; 7) The wording “arranging the sale of infant goods” is indefinite and the applicant must list each service that applies individually by using its common commercial name (i.e., “arranging the sale of infant goods, namely, __________, e.g., operating on-line marketplaces featuring infant goods, arranging and conducting sales events for others featuring infant goods,” etc.). As a reminder, the services must be properly classified in International Class 35.; 8) The wording “arranging the sale of kitchen utensils” is indefinite and the applicant must list each service that applies individually by using its common commercial name (i.e., “arranging the sale of kitchen utensils, namely, __________, e.g., operating on-line marketplaces featuring kitchen utensils, arranging and conducting sales events for others featuring kitchen utensils,” etc.). As a reminder, the services must be properly classified in International Class 35.; 9) The wording “arranging the sale of electric home appliances” is indefinite and the applicant must list each service that applies individually by using its common commercial name (i.e., “arranging the sale of electric home appliances, namely, __________, e.g., operating on-line marketplaces featuring electric home appliances, arranging and conducting sales events for others featuring electric home appliances,” etc.). As a reminder, the services must be properly classified in International Class 35.; 10) The wording “arranging the sale of hairdressing and beauty supplies” is indefinite and the applicant must list each service that applies individually by using its common commercial name (i.e., “arranging the sale of hairdressing and beauty supplies, namely, __________, e.g., operating on-line marketplaces featuring hairdressing and beauty supplies, arranging and conducting sales events for others featuring hairdressing and beauty supplies,” etc.). As a reminder, the services must be properly classified in International Class 35.; 11) The wording “arranging the sale of precious metals” is indefinite and the applicant must list each service that applies individually by using its common commercial name (i.e., “arranging the sale of precious metals, namely, __________, e.g., operating on-line marketplaces featuring precious metals, arranging and conducting sales events for others featuring precious metals,” etc.). As a reminder, the services must be properly classified in International Class 35.; 12) The wording “arranging the sale of clock and watch” is indefinite and the applicant must list each service that applies individually by using its common commercial name (i.e., arranging the sale of clocks and watches, namely, __________, e.g., operating on-line marketplaces featuring clocks and watches, arranging and conducting sales events for others featuring clocks and watches,” etc.). As a reminder, the services must be properly classified in International Class 35.; 13) The wording “arranging the sale of stationery” is indefinite and the applicant must list each service that applies individually by using its common commercial name (i.e., “arranging the sale of stationery, namely, __________, e.g., operating on-line marketplaces featuring stationery, arranging and conducting sales events for others featuring stationery,” etc.). As a reminder, the services must be properly classified in International Class 35.; 14) The wording “arranging the sale of character products” is indefinite and the applicant must list each service that applies individually by using its common commercial name. Additionally, the nature of the “character products” is unclear, and the applicant must further specify the nature of the items included under this wording (i.e., “arranging the sale of character products, namely, __________, e.g., operating on-line marketplaces featuring character products, in the nature of ________, e.g., stuffed animals, posters, etc., arranging and conducting sales events for others featuring character products in the nature of ________, e.g., stuffed animals, posters, etc.,” etc.). As a reminder, the services must be properly classified in International Class 35.; 15) The wording “commercial intermediary services in the field of products featuring characters” is indefinite and the applicant must list each service that applies individually by using its common commercial name. As a reminder, the services must be properly classified in International Class 35.; 16) The wording “sales arranging of office requisites” is indefinite and the applicant must list each service that applies individually by using its common commercial name (i.e., “sales arranging of office requisites, namely, __________, e.g., operating on-line marketplaces featuring office requisites, arranging and conducting sales events for others featuring office requisites,” etc.). As a reminder, the services must be properly classified in International Class 35.; 17) The wording “sales arranging of furniture” is indefinite and the applicant must list each service that applies individually by using its common commercial name (i.e., “sales arranging of furniture, namely, __________, e.g., operating on-line marketplaces featuring furniture, arranging and conducting sales events for others featuring furniture,” etc.). As a reminder, the services must be properly classified in International Class 35.; 18) The wording “sales arranging of clothing” is indefinite and the applicant must list each service that applies individually by using its common commercial name (i.e., “sales arranging of clothing, namely, __________, e.g., operating on-line marketplaces featuring clothing, arranging and conducting sales events for others featuring clothing,” etc.). As a reminder, the services must be properly classified in International Class 35.; 19) The wording “sales arranging of toys” is indefinite and the applicant must list each service that applies individually by using its common commercial name (i.e., “sales arranging of toys, namely, __________, e.g., operating on-line marketplaces featuring toys, arranging and conducting sales events for others featuring toys ,” etc.). As a reminder, the services must be properly classified in International Class 35.; 20) The wording “sales arranging of sports articles” is indefinite and the applicant must list each service that applies individually by using its common commercial name (i.e., “sales arranging of sports articles, namely, __________, e.g., operating on-line marketplaces featuring sports articles, arranging and conducting sales events for others featuring sports articles,” etc.). As a reminder, the services must be properly classified in International Class 35.; 21) The wording “sales arranging of agricultural and marine products and processed agricultural and marine products foodstuffs” is indefinite and the applicant must list each service that applies individually by using its common commercial name. Additionally, the nature of the “agricultural and marine products and processed agricultural and marine products foodstuffs” is unclear, and the applicant must further specify the nature of the items included under this wording (i.e., “sales arranging of agricultural and marine products and processed agricultural and marine products foodstuffs, namely, __________, e.g., operating on-line marketplaces featuring agricultural and marine products and processed agricultural and marine products foodstuffs, in the nature of ________, e.g., animal feed, agricultural fertilizer, boats, etc., arranging and conducting sales events for others featuring agricultural and marine products and processed agricultural and marine products foodstuffs in the nature of ________, e.g., animal feed, agricultural fertilizer, boats, etc.,” etc.). As a reminder, the services must be properly classified in International Class 35.; 22) The wording “sales arranging of electric audiovisual apparatus and instruments” is indefinite and the applicant must list each service that applies individually by using its common commercial name (i.e., “sales arranging of electric audiovisual apparatus and instruments, namely, __________, e.g., operating on-line marketplaces featuring electric audiovisual apparatus and instruments, arranging and conducting sales events for others featuring electric audiovisual apparatus and instruments,” etc.). As a reminder, the services must be properly classified in International Class 35.
International Class 41: 1) The wording “performance planning” is indefinite, and the applicant must list each service that applies by using its common commercial name (i.e., “performance planning, namely, _________, e.g., planning arrangement of showing movies, shows, plays or musical performances,” etc.).; 2) The applicant should remove the brackets from the wording “distribution {other than transportation} of cine films,” and should amend the wording to the following, if accurate: “distribution of motion picture films.”; 3) The applicant should remove the brackets from the wording “distribution {other than transportation} of audio recordings,” and should amend the wording to the following, if accurate: “distribution of radio programs for others.”; 4) The applicant must remove the brackets from the wording “providing on-line electronic publications {not downloadable}.” Also, the wording indefinite and must be replaced with the common name of the type of publication. Additionally, the applicant must also specify the subject matter or field of use of the publications (i.e., “Providing on-line non-downloadable electronic publications, namely, __________, {The applicant must specify the type of publications, e.g., books, journals, magazines, etc.} in the field of __________ {The applicant must specify the subject matter of the publications, e.g., sports, music, cartoons, etc.}). TMEP §1402.03(e).; 5) The wording “instruction services” is indefinite, and the applicant must list each service that applies individually by using its common commercial name (i.e., “instruction services, namely, _________, e.g., dance instruction physical fitness instruction, cooking instruction,” etc.).; 6) The applicant should remove the brackets from the wording “health club services [health and fitness training]” and should amend the wording to the following, if accurate: “health club services, namely, providing instruction and training in the field of physical exercise.”; 7) The wording “gaming services” is indefinite, and the applicant must list each service that applies by using its common commercial name (i.e., “gaming services in the nature of casino gaming, etc.).; 8) The wording “providing leisure facilities” should be amended to “providing facilities for recreational activities,” if accurate.; 9) The wording “operation of children's playgrounds” should be amended to “providing children’s entertainment facilities in the nature of playgrounds,” if accurate.; 10) The applicant should amend the wording “providing of internet game sites” to “entertainment services, namely, providing on-line video games via the Internet.”; 11) The wording “providing photographic studios” should be amended to “providing photography services via a photographic studio,” if accurate.; 12) The applicant should remove the brackets from the wording “party planning {entertainment},” and should amend the wording to the following, if accurate: “party planning.”
International Class 42: 1) The wording “design of industrial products” should be amended to “new product design services, namely, design of industrial products.”; 2) The wording “advertising design; brand design; design of trade marks” is indefinite and must be clarified. See TMEP §§1402.01, 1904.02(c)(iii). Generally, a trademark examining attorney will recommend language to replace unacceptable wording in identifications of goods and/or services. See TMEP §1402.01(e). However, in this case, the trademark examining attorney is unable to suggest alternative wording because the wording does not appear to describe any services in International Class 41. See TMEP §1904.02(c)(iii).; 3) The wording “visual design” should be amended to “multidisciplinary visual design services,” if accurate.; 4) The wording “design of products; product design” should be combined and amended to “new product design services,” if accurate.; 5) The wording “character design” is indefinite, and the applicant must list each service that applies by using its common commercial name (i.e., “character design, namely, _________, e.g., animation design for others,” etc.).; 6) The applicant should remove the brackets from the wording “dress design [clothes design],” and should amend the wording to the following, if accurate: “dress design services.”; 7) The wording “software as a service (SAAS) services” is indefinite, because the applicant must specify the function of the software field of use, if applicable (i.e., Software as a service (SAAS) services featuring software for _________ {The applicant must specify the function of the programs, e.g., for use in database management, for service desk management, for accounting, etc., and, if software is content- or field-specific, the content or field of use}).; 8) The applicant should amend the wording “web site management” to “managing web sites for others.”; 9) The wording “product evaluation” is indefinite, and the applicant must list each service that applies individually by using its common commercial name (i.e., “product evaluation, namely, _________, e.g., product testing, product quality testing,” etc.).
NOTE: For further assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.
Significance Inquiry
Failure to respond to a request for information is an additional ground for refusing registration. See In re Cheezwhse.com, Inc., 85 USPQ2d 1917, 1919 (TTAB 2008); In re DTI P’ship LLP, 67 USPQ2d 1699, 1701 (TTAB 2003); TMEP §814.
Inquiry – Meaning in a Foreign Language
Accordingly, if the wording has meaning in a foreign language, applicant should provide the following translation statement:
The English translation of the word “TTOMA” in the mark is “_________”.
TMEP §809.03.
Alternatively, if the wording does not have meaning in a foreign language, applicant should provide the following statement:
The wording “TTOMA” has no meaning in a foreign language.
Id.
Response Guidelines
If applicant does not respond to this Office action within six months of the issue/mailing date, or responds by expressly abandoning the application, the application process will end, the trademark will fail to register, and the application fee will not be refunded. See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a), 2.68(a), 2.209(a); TMEP §§405.04, 718.01, 718.02. Where the application has been abandoned for failure to respond to an Office action, applicant’s only option would be to file a timely petition to revive the application, which, if granted, would allow the application to return to active status. See 37 C.F.R. §2.66; TMEP §1714. There is a $100 fee for such petitions. See 37 C.F.R. §§2.6, 2.66(b)(1).
For attorney referral information, applicant may consult the American Bar Association’s Consumers’ Guide to Legal Help at http://www.abanet.org/legalservices/findlegalhelp/home.cfm, an attorney referral service of a state or local bar association, or a local telephone directory. The USPTO may not assist an applicant in the selection of a private attorney. 37 C.F.R. §2.11.
In addition, foreign attorneys, other than authorized Canadian attorneys, are not permitted to represent applicants before the USPTO (e.g., file written communications, authorize an amendment to an application, or submit legal arguments in response to a requirement or refusal). See 37 C.F.R. §§2.17(e), 11.14(c), (e); TMEP §602.03-.03(c).
The only attorneys who may 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(a), (e), 11.1, 11.14(a), (c); TMEP §602.
WHO IS PERMITTED TO RESPOND TO THIS PROVISIONAL FULL REFUSAL: Any response to this provisional refusal must be personally signed by an individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant (e.g., a corporate officer or general partner). 37 C.F.R. §§2.62(b), 2.193(e)(2)(ii); TMEP §712.01. If applicant hires a qualified U.S. attorney to respond on his or her behalf, then the attorney must sign the response. 37 C.F.R. §§2.193(e)(2)(i), 11.18(a); TMEP §§611.03(b), 712.01. Qualified U.S. attorneys include those 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. See 37 C.F.R. §§2.17(a), 2.62(b), 11.1, 11.14(a); TMEP §§602, 712.01. Additionally, for all responses, the proper signatory must personally sign the document or personally enter his or her electronic signature on the electronic filing. See 37 C.F.R. §2.193(a); TMEP §§611.01(b), 611.02. The name of the signatory must also be printed or typed immediately below or adjacent to the signature, or identified elsewhere in the filing. 37 C.F.R. §2.193(d); TMEP §611.01(b).
In general, foreign attorneys are not permitted to represent applicants before the USPTO (e.g., file written communications, authorize an amendment to an application, or submit legal arguments in response to a requirement or refusal). See 37 C.F.R. §11.14(c), (e); TMEP §§602.03-.03(b), 608.01.
DESIGNATION OF DOMESTIC REPRESENTATIVE: The USPTO encourages applicants who do not reside in the United States to designate a domestic representative upon whom any notice or process may be served. TMEP §610; see 15 U.S.C. §§1051(e), 1141h(d); 37 C.F.R. §2.24(a)(1)-(2). Such designations may be filed online at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.
If the applicant has any questions or needs assistance with the present application, please telephone the assigned examining attorney.
/Jeffery C. Coward/
Trademark Examining Attorney
Law Office 106
Phone: 571-272-9148
Fax: 571-273-9106
E-mail: jeffery.coward@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 the Trademark Electronic Application System (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 the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or 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/trademarks/teas/correspondence.jsp.