Offc Action Outgoing

ANKO

Kmart Australia Limited

Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

U.S. APPLICATION SERIAL NO.  79236528

 

MARK: ANKO

 

 

        

*79236528*

CORRESPONDENT ADDRESS:

       Davies Collison Cave Pty Ltd

       Level 15,

       1 Nicholson Street

       MELBOURNE VIC 3000

       AUSTRALIA

 

CLICK HERE TO RESPOND TO THIS LETTER:

http://www.gov.uspto.report/trademarks/teas/response_forms.jsp

 

 

 

APPLICANT: Kmart Australia Limited

 

 

 

CORRESPONDENT’S REFERENCE/DOCKET NO:  

       N/A

CORRESPONDENT E-MAIL ADDRESS: 

      

 

 

 

OFFICE ACTION

 

STRICT DEADLINE TO RESPOND TO THIS LETTER

 

 

INTERNATIONAL REGISTRATION NO. 1412658

 

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.

 

 

 

The assigned trademark examining attorney has reviewed the referenced application and has determined the following:

 

The trademark examining attorney has searched the USPTO’s database of registered and pending marks and has found no similar registered marks that would bar registration under Trademark Act Section 2(d).  TMEP §704.02; see 15 U.S.C. §1052(d).  However, a mark in a prior-filed pending application may present a bar to registration of applicant’s mark.

 

 

 

PRIOR PENDING APPLICATION

 

The filing date of pending U.S. Application Serial No. 87676427 precedes applicant’s filing date.  See attached referenced application.  If the mark in the referenced application registers, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion between the two marks.  See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq.  Therefore, upon receipt of applicant’s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced application.

 

In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application.  Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.

 

Applicant should note the following additional ground for refusal.

 

 

REFUSAL – APPLIED-FOR MARK IS A VARIETAL NAME – INTERNATIONAL CLASS 31 ONLY

 

Registration is refused because the applied-for mark is a varietal name for the identified goods and, thus, does not function as a trademark to indicate the source of applicant’s goods and to identify and distinguish them from others.  Trademark Act Sections 1, 2, and 45, 15 U.S.C. §§1051-1052, 1127; see TMEP §1202.12.  See attached evidence from UPOV and USDA that shows that “anko” is the varietal name for a type of “field corn”.

 

Varietal or cultivar names are designations used to identify cultivated varieties or subspecies of live plants or agricultural seeds.  TMEP §1202.12.  They are generic and cannot be registered as trademarks because they are the common descriptive names of plants or seeds by which such varieties are known to the U.S. consumer.  Id.  Moreover, a consumer “has to have some common descriptive name he can use to indicate that he wants one [particular] variety of apple tree, rose, or whatever, as opposed to another, and it is the varietal name of the strain which naturally and commonly serves this purpose.”  In re Pennington Seed, Inc., 466 F.3d 1053, 1057, 80 USPQ2d 1758, 1761 (Fed. Cir. 2006) (quoting In re Hilltop Orchards & Nurseries, Inc., 206 USPQ 1034, 1036 (TTAB 1979)); see In re Delta & Pine Land Co., 26 USPQ2d 1157, 1159 n.4 (TTAB 1993).

 

INFORMATION REQUIRED REGARDING APPLIED-FOR MARK

 

To permit proper examination of the applied-for mark, applicant must indicate the following:

 

(1)       Whether “anko” has ever been used or will be used as a varietal or cultivar name; and

 

(2)       Whether “anko” has ever been used or will be used in connection with a plant patent, utility patent, or certificate for plant-variety protection. 

 

TMEP §1202.12; see 37 C.F.R. §2.61(b).

 

Varietal or cultivar names are designations used to identify cultivated varieties or subspecies of live plants or agricultural seeds.  TMEP §1202.12.  They are generic and cannot be registered as trademarks because they are the common descriptive names of plants or seeds by which such varieties are known to the U.S. consumer.  Id.  Moreover, a consumer “has to have some common descriptive name he can use to indicate that he wants one [particular] variety of apple tree, rose, or whatever, as opposed to another, and it is the varietal name of the strain which naturally and commonly serves this purpose.”  In re Pennington Seed, Inc., 466 F.3d 1053, 1057, 80 USPQ2d 1758, 1761 (Fed. Cir. 2006) (quoting In re Hilltop Orchards & Nurseries, Inc., 206 USPQ 1034, 1036 (TTAB 1979)); see In re Delta & Pine Land Co., 26 USPQ2d 1157, 1159 n.4 (TTAB 1993).

 

Failure to comply with a request for information is grounds for refusing registration.  In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814. 

 

Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration.

 

If applicant responds to the refusal(s), applicant must also respond to the requirement(s) set forth below.

 

 

INDEFINITE IDENTIFICATION OF GOODS

 

The identification of goods and/or services contains parentheses.  Generally, parentheses and brackets should not be used in identifications.  Parenthetical information is permitted in identifications only if it serves to explain or translate the matter immediately preceding the parenthetical phrase in such a way that it does not affect the clarity of the identification, e.g., “obi (Japanese sash).”  TMEP §1402.12. 

 

Therefore, applicant must remove the parentheses from the identification of goods and/or services and incorporate the parenthetical information into the description. 

 

International Class 1

 

The wording “tanning substances” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of substances.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “enzymes for use in the tanning of leather.”

 

The wording “glues in this class” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of glues.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: glues for industrial purposes.”

 

The wording “chemicals for use in swimming pools” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific purpose of the chemicals.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: chemicals for use in swimming pools, namely, for testing pool water.”

 

International Class 2

 

The wording “Coating materials, paints, varnishes, clear varnishes, lacquers, enamels, powder coatings, thinners, thickeners” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of coating materials, enamels, powder coatings, thinners and thickeners.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: Coating materials, namely, paints, varnishes, clear varnishes, lacquers, paint enamels, powder coatings protectants used on surfaces, paint thinners, and paint thickeners.”

 

The wording “mordants” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of mordants.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “mordant dyes.”

 

International Class 3

 

The wording “toiletries” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of toiletries.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “toiletries, namely, cosmetics.”

 

The wording “mouthwashes” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of mouthwashes.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “non-medicated mouthwashes.”

 

The wording “tartar removing materials” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of materials.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: tartar removing materials, namely, non-medicated mouthwashes.”

 

The wording “teeth polish materials” and “artificial tooth polish material” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of materials.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: teeth polishes” and “artificial tooth polish”.

 

The wording “rinsing preparations to prevent tartar and cavities” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of preparations.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “non-medicated rinsing preparations to prevent tartar and cavities.”

 

The wording “tooth cleaning preparations” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of preparations.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: tooth cleaning pastes.”

 

The wording “cleansing powders” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific purpose of the powders.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “teeth cleansing powders.”

 

The wording “spectacle cleaning wipes (tissues impregnated with lens cleaning solution)” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of wipes and do to the use of parentheses.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: spectacle cleaning wipes, namely, tissues impregnated with lens cleaning solution.”

 

The wording “preparations for the hair” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of preparations.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: preparations for the care of hair.”

 

The wording “other perfumed products” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of products.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: other perfumed products, namely, soaps and powders.”

 

The wording “soaps for personal use” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of soaps.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “non-medicated soaps for personal use.”

 

The wording “personal care products and beauty products” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of products.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: personal care products and beauty products, namely, make-up.”

 

The wording “cotton swabs” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific purpose.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: cotton swabs for cosmetic purposes.”

 

The wording “creams including, cream for hands or feet” in the identification of goods is indefinite and must be clarified because it is indefinite due to the use the word “including”.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: creams, namely, cream for hands or feet.”

 

The wording “deodorant” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific purpose.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “deodorant for personal use.”

 

The wording “exfoliators” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of exfoliators.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: exfoliating creams.”

 

The wording “eye lashes” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of lashes.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “artificial eye lashes.”

 

The wording “face mist” and “body mist” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of mist.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “non-medicated face mist” and “non-medicated face mist”.

 

The wording “non-medicated spray” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of spray.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: non-medicated body spray.”

 

The wording “powders including powders for the body face or the feet” in the identification of goods is indefinite and must be clarified because it is indefinite due to the use of the word including.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: powders, namely, powders for the body face or the feet.”

 

The wording “pumices” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of pumices.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: pumice stones for personal use.”

 

The wording “soaps, including soaps for the face, the hands or body” in the identification of goods is indefinite and must be clarified because it is indefinite due to the use of the word including.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: soaps, namely, soaps for the face, the hands or body.”

 

The wording “powder and talcum powder” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of “powder”.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “baby powder and talcum powder.”

 

The wording “nail orange sticks” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of sticks.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: nail orange sticks, namely, nail cosmetics.”

 

The wording “chemical preparations for the hair” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of chemicals.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: chemical preparations for the hair, namely, hair dye.”

 

The wording “hair care products” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of products.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: hair care products, namely, dyes.”

 

The wording “hair styling aids” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of aids.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: hair styling aids, namely, spray.”

 

The wording “hair permanent treatments” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of treatments.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: hair permanent preparations.”

 

The wording “topical preparations for promoting hair growth” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of preparations.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “non-medicated topical preparations for promoting hair growth.”

 

The wording “room and car fresheners” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of fresheners.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: room and car fragrances.”

 

The wording “bleaching preparations and other substances for laundry use” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of substances.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: bleaching preparations and detergents for laundry use.”

 

The wording “all purpose polishing, preserving, beautifying and protecting preparations including preservatives and beautifiers for rubber, vinyl, leather and plastic” in the identification of goods is indefinite and must be clarified because of the use of the word “including”.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: all purpose polishing, preserving, beautifying and protecting preparations, namely, preservatives and beautifiers for rubber, vinyl, leather and plastic.”

 

International Class 4

 

The wording “lubricants” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of lubricants.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “industrial lubricants.”

 

The wording “fuels (including motor spirit) and illuminants” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of illuminants and due to the use of parentheses.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: motor spirit fuels and fuel gas illuminants.”

 

The wording “engine starting sprays” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of sprays.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: engine starting oil sprays.”

 

The wording “waxes in this class” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of waxes.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: waxes being raw materials in this class.”

 

The wording “petroleum jelly in this class” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of jelly.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: petroleum jelly for industrial purposes in this class.”

 

The wording “gas in this class, including bottled gas, fuel gas, gas oil, liquefied petroleum gas” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of bottled gas and due to the use of the word “including”.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: gas in this class, namely, bottled natural gas, fuel gas, gas oil, liquefied petroleum gas.”

 

International Class 5

 

The wording “first aid boxes” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of boxes.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: first aid boxes, filled.”

 

The wording “wipes for medical use; cotton wool in the form of wipes for medical use” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of wipes.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “pre-moistened wipes for medical use; pre-moistened cotton wool in the form of wipes for medical use.”

 

The wording “paper wipes impregnated with toilet preparations” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of toilet preparations.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: paper wipes impregnated with medicated toilet preparations.”

 

The wording “wipes for hygienic cleaning purposes, other than impregnated with cleaning preparations” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of wipes.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “disinfectant wipes for hygienic cleaning purposes, other than impregnated with cleaning preparations.”

 

The wording “wipes for hygienic (surgical) purposes” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of wipes and due to the use of parentheses.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “pre-moistened wipes for hygienic surgical purposes.”

 

 

The wording “bandages, tapes, plasters, materials for dressings” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of materials.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: bandages, tapes, plasters, wadding for dressings.”

 

The wording “hygienic bands” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of bands.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “adhesive hygienic bands for medical purposes.”

 

The wording “pharmaceutical preparations and substances” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific purpose.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: pharmaceutical preparations and substances for treating pain.”

 

The wording “veterinary preparations and substances, including, veterinary pharmaceuticals and veterinary vaccines” in the identification of goods is indefinite and must be clarified because it is indefinite due to the use of the word “including”.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: veterinary preparations and substances, namely, veterinary pharmaceuticals and veterinary vaccines.”

 

The wording “animal care products for veterinary use” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of products.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  animal care pharmaceutical products for veterinary use.”

 

The wording “bandages (dressings) for veterinary use” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of bandages.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: bandages for dressings for veterinary use.”

 

The wording “veterinary medicaments; veterinary preparations; veterinary preparations for administration by injection, external application or topical application; veterinary products” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific ailment being treated.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: veterinary medicaments for treating skin disorders; veterinary preparations for treating skin disorders; veterinary preparations for treating skin disorders for administration by injection, external application or topical application; veterinary products for treating skin disorders.”

 

The wording “attractants for pet animals” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of attractans.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “deodorizing preparations for pet litter boxes.”

 

International Class 6

 

The wording “container of metal (other than for household use)” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of container and due to the use of parentheses.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  boxes of metal other than for household use.”

 

The wording “metal boxes and organisers” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of organisers.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: metal boxes and storage boxes for organizing.”

 

The wording “metal building materials” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of materials.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: metal building materials, namely, fascia.”

 

The wording “ironmongery, small items of metal hardware” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of hardware.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: ironmongery, small items of metal hardware, namely, washers and nuts.”

 

The wording “goods of common metal not included in other classes” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of goods.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: goods of common metal not included in other classes, namely, pulls and pulleys.”

 

The wording “ores” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific composition.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “metal ores.”

 

The wording “security doors, garage doors, grilles” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of doors and grilles.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “metal security doors, garage doors, grille plates.”

 

The wording “insect screens of metal, including, insect screens for doors and insect screens for windows” in the identification of goods is indefinite and must be clarified because of the use of the word “including”.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: insect screens of metal, namely, insect screens for doors and insect screens for windows.”

 

The wording “metal containers, including, containers for storage or transport” in the identification of goods is indefinite and must be clarified because it is indefinite due to the use of the word “including”.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: metal containers, namely, containers for storage or transport.”

 

The wording “small items of metal hardware” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of items.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: small items of metal hardware, namely, clasps.”

 

The wording “fabricated metal articles” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of articles.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: fabricated metal articles, namely, architectural frames.”

 

The wording “parts, fittings and accessories in this class for any of the aforementioned goods” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of accessories.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: parts and fittings in this class for any of the aforementioned goods.”

 

International Class 7

 

The wording “Machines and machine tools” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of machines and tools.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: Machines and machine tools, namely, machine presses and tool parts therefor.”

 

The wording “electric power tools, including, impact wrenches, impact drills, sanding machines, nibblers, grinding machines, band saws, reciprocating saws, cut-off machines” in the identification of goods is indefinite and must be clarified because it is indefinite due to the use of “including”.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: electric power tools, namely, impact wrenches, impact drills, sanding machines, nibblers, grinding machines, band saws, reciprocating saws, cut-off machines.”

 

The wording “portable electric power tools, including, grinding apparatus, drilling apparatus, reamers, hammers, nailers, staplers, chippers, concrete breakers, screw, bolt and nut drivers, polishers and buffers, saws, shears and nibblers, tappers, stud setters, wrenches, sanding machines, planers, routers, sharpeners for drill bits, saw blades and router cutters” in the identification of goods is indefinite and must be clarified because it is indefinite due to the use of the word “including”.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: portable electric power tools, namely, grinding apparatus, drilling apparatus, reamers, hammers, nailers, staplers, chippers, concrete breakers, screw, bolt and nut drivers, polishers and buffers, saws, shears and nibblers, tappers, stud setters, wrenches, sanding machines, planers, routers, sharpeners for drill bits, saw blades and router cutters.”

 

The wording “portable electric domestic gardening apparatus, including, string trimmers, hedge trimmers and blower vacs” in the identification of goods is indefinite and must be clarified because indefinite due to the use of the word “including”.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: portable electric domestic gardening apparatus, namely, string trimmers, hedge trimmers and blower vacs.”

 

The wording “agricultural implements other than hand-operated” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of implements.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: agricultural implements other than hand-operated, namely, corn huskers.”

 

The wording “machine mowers, including, motor driven lawn mowers, seated (ride on) lawn mowers and self-propelled mowers” in the identification of goods is indefinite and must be clarified because it is indefinite due to the use of “including”.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: machine mowers, namely, motor driven lawn mowers, seated ride on lawn mowers and self-propelled mowers.”

 

The wording “paint strippers (tools)” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of tool.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “electric paint stripper tool.”

 

The wording “parts, fittings and accessories in this class for any of the aforementioned goods” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of accessories.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: parts and fittings in this class for any of the aforementioned goods.”

 

International Class 8

 

The wording “Hand tools and implements (hand-operated)” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of tools and implements.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: Hand tools and implements hand-operated, namely, wrenches.”

 

The wording “cutlery” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of cutlery.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “table cutlery.”

 

The wording “side arms” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of side arms.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “side arms, namely, hunting knives.”

 

The wording “garden tools and implements” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of tools and implements.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: garden tools and implements, namely, hoes.”

 

The wording “scoops” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of scoops.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “fertilizer scoops.”

 

 

The wording “screwdrivers” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of screwdrivers.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “non-electric screwdrivers.”

 

The wording “jigsaws” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of jigsaws.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “hand jigsaws.”

 

The wording “cutters” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of cutters.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: weed cutters.”

 

The wording “plant parasite killing apparatus” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of apparatus.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: plant parasite killing apparatus, namely, hand-operated sprayers for insecticide.”

 

The wording “riveters [hand tools]” in the identification of goods is indefinite and must be clarified because of the use of brackets.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “hand tools, namely, riveters.”

 

The wording “parts, fittings and accessories in this class for any of the aforementioned goods” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of accessories.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: parts and fittings in this class for any of the aforementioned goods.”

 

International Class 9

 

The wording “Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments” in the identification of goods is indefinite and must be clarified because  it is indefinite as to the specific type of goods.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking supervision, life-saving and teaching apparatus and instruments, namely, cameras.”

 

The wording “electrical security and surveillance apparatus” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of apparatus.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: electrical security and surveillance apparatus, namely, cameras.”

 

The wording “compact disks, dvds and other digital recording media” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of media and the content of the all the goods.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “blank compact disks, dvds and other digital recording media.”

 

The wording “video and/or audio electronic apparatus” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of apparatus.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: video and/or audio electronic apparatus, namely, DVD players.”

 

The wording “electronic communication apparatus” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of apparatus.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: electronic communication apparatus, namely, cell phones.”

 

The wording “computer programs” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of programs.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: computer operating programs.”

 

The wording “downloadable software” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of software.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: downloadable data processing software.”

 

The wording “computer software” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of software.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: computer software for data processing.”

 

The wording “electronic publications” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of publications and subject matter thereof.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: electronic publications, namely, e-books about music.”

 

The wording “helmet-mounted displays” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of displays.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: helmet-mounted video displays.”

 

The wording “helmets” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of helmets.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “protective helmets.”

 

The wording “magnetic disks, optical discs, magnetic and optical disks, cd-roms, (rom compact discs), magnetic tapes and encoded dvd-roms” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of information stored on the goods.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: blank magnetic disks, blank optical discs, blank magnetic and optical disks, blank cd-roms, blank rom compact discs, blank magnetic tapes and encoded dvd-roms featuring information about data processing.”

 

The wording “control modules, distributor boards (electricity)” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of boards and modules.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: control modules, distributor boards, namely, circuit boards.”

 

The wording “measuring tools” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of tools.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: measuring tools, namely, rulers.”

 

The wording “measuring calipers” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of measurement.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “slide calipers.”

 

The wording “counters” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of counters.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “Geiger counters.”

 

The wording “gauges” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of gauges.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “level gauges.”

 

The wording “and parts and accessories in this class for all of the aforementioned goods” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of accessories.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: and parts in this class for all of the aforementioned goods.”

 

 

International Class 10

 

The wording “Surgical, medical, dental and veterinary apparatus and instruments” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of apparatus and instruments.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: Surgical, medical, dental and veterinary apparatus and instruments for use in general surgery.”

 

The wording “orthopaedic articles” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of articles and orthopedic is misspelled.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: orthopedic braces.”

 

The wording “parts, fittings and accessories in this class for any of the aforementioned goods” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of accessories.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: parts and fittings in this class for any of the aforementioned goods.”

 

 

 

International Class 11

 

The wording “Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of apparatuses.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “lighting fixtures, cooking stoves, steam generators, cooking ovens, refrigerators, clothes dryers, ventilating louvers, metered valves for water supply and sanitary purposes.”

 

The wording “lighting equipment and apparatus including light bulbs, torches including rechargeable torches, lamps, lampholders, lanterns” in the identification of goods is indefinite and must be clarified because it is indefinite due to the use of the wording “including”.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: lighting equipment and apparatus, namely, light bulbs, torches, rechargeable torches, lamps, lampholders, lanterns.”

 

The wording “lighting installations including garden lighting, bud lighting, led lighting, illuminated house numbers, security lighting including halogen floodlights and spotlight units, motion activated lights” in the identification of goods is indefinite and must be clarified because it is indefinite due to the use of the wording “including”.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: lighting installations, namely, garden lighting, bud lighting, led lighting, illuminated house numbers, security lighting, namely, halogen floodlights and spotlight units, motion activated lights.”

 

The wording “lighting equipment for automobiles, including lamps” in the identification of goods is indefinite and must be clarified because it is indefinite due to the use of the word “including”.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: lighting equipment for automobiles, namely, lamps.”

 

The wording “accessories, parts and fittings for the aforementioned products” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of accessories.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: parts and fittings for the aforementioned products.”

 

The wording “christmas lighting including coloured bulbs, flashing lights, musical flashing lights, sequential flashing lights” and “festoon lighting including moulded harnessed and colour lamps” in the identification of goods is indefinite and must be clarified because it is indefinite due to the use of the word “including”.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: christmas lighting, namely, coloured bulbs, flashing lights, musical flashing lights, sequential flashing lights” and “festoon lighting, namely, moulded harnessed and colour lamps.”

 

The wording “parts and accessories for the aforesaid goods included in this class” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of accessories.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: parts and fittings for the aforesaid goods included in this class.”

 

 

International Class 12

 

The wording “accessories, parts and fittings for automobiles, including, axels, brakes, brake linings, bumpers, clutches for land vehicles and tires” in the identification of goods is indefinite and must be clarified because of the use of the word “including”.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: accessories, parts and fittings for automobiles, namely, axels, brakes, brake linings, bumpers, clutches for land vehicles and tires.”

 

The wording “accessories, parts and fittings for engines and motors for land vehicles” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of accessories.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: parts and fittings for engines and motors for land vehicles.”

 

The wording “windscreens” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of windscreens.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “vehicle windscreens.”

 

The wording “stands for bicycles, cycles (parts of bicycles, cycles)” in the identification of goods is indefinite and must be clarified because it is indefinite due to the use of parentheses.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: stands for bicycles, cycles being parts therefor.”

 

The wording “accessories, parts and fittings for the aforementioned products” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of accessories.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: parts and fittings for the aforementioned products.”

 

International Class 14

 

The wording “Precious metals and their alloys and goods in precious metals or coated therewith” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of goods.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: Precious metals and their alloys and goods in precious metals or coated therewith, namely, jewelry.”

 

The wording “jewellery, including fashion jewellery, imitation jewellery, chains, beads, costume jewellery, jewellery made of plastic, jewellery made of wood, bands for wristwatches and bangles” in the identification of goods is indefinite and must be clarified because of the use of the word “including”.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: jewellery, namely, fashion jewellery, imitation jewellery, chains, beads, costume jewellery, jewellery made of plastic, jewellery made of wood, bands for wristwatches and bangles.”

 

The wording “parts, fittings and accessories for the aforementioned goods” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of accessories.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: parts and fittings for the aforementioned goods.”

 

International Class 15

 

The wording “reeds” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of reeds.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “reeds for use in woodwind mouthpieces.”

 

The wording “music stands” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of stands.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “musical instruments stands.”

 

The wording “parts for guitars” and “parts, fitting and accessories for the aforementioned products in this class” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of accessories.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: parts for guitars” and “parts and fitting for the aforementioned products in this class”.

 

International Class 16

 

The wording “printed matter” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of matter.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: printed matter, namely, stationery.”

 

The wording “artists' materials” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of materials.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: artists' materials, namely, pencils.”

 

The wording “office requisites (except furniture)” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of requisites.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: office requisites except furniture, namely, staplers.”

 

The wording “instructional and teaching material (except apparatus)” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of material and subject matter field.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “printed instructional and teaching material except apparatus in the field of business management.”

 

The wording “plastic materials for packaging (not included in other classes)” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of materials.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: plastic materials for packaging not included in other classes, namely, plastic film.”

 

The wording “adhesive tape” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of tape.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: adhesive tape for stationery purposes.”

 

The wording “albums; albums made of paper” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of albums.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “photo albums; scrapbook albums made of paper.”

 

The wording “articles for writing” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of articles.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: articles for writing, namely, paper and pens.”

 

The wording “artists' boards” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of boards.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: artists' drawing boards.”

 

The wording “bags (envelopes, pouches) of paper or plastics, for packaging” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of envelopes and pouches.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: bags, namely, envelopes and pouches of paper or plastics for packaging purposes.”

 

The wording “booklets; books” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of subject matter.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: booklets in the field of art; books in the field of art.”

 

The wording “border decorations on picture mounts” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of decorations.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “paper border decorations on picture mounts.”

 

The wording “box files” in the identification of goods is indefinite and must be clarified because box files.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “cardboard box files.”

 

The wording “business books” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of books.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: business record books.”

 

The wording “cardboard goods” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of goods.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: cardboard boxes.”

 

The wording “correcting fluids; correcting fluids” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of fluids.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: correcting fluids for documents; correcting fluids for type.”

 

The wording “display albums” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of albums.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: display photo albums.”

 

The wording “file inserts” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of inserts.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “file card inserts.”

 

The wording “filing boxes” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of boxes.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: filing boxes, namely, filing cabinets.”

 

The wording “glue sticks” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific purpose.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: glue sticks for stationery use.”

 

The wording “ink” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of ink.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  ink for writing instruments.”

 

The wording “luggage identity labels” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of labels.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: luggage identity adhesive labels.”

 

The wording “magazines (periodicals)” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific subject matter.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: magazines in the field of art.”

 

The wording “bookbinding apparatus and machines [office equipment]” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of apparatus and machines.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: bookbinding apparatus and machines used as office equipment.”

 

The wording “organisers (stationery)” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of organizers.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “personal organisers.”

 

The wording “pads” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of pads.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “writing pads.”

 

The wording “pen cartridges” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of cartridges.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: pen ink cartridges.”

 

The wording “rolls of adhesive” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of rolls.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “label rolls of adhesive.”

 

The wording “rulers” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of rulers.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “drawing rulers.”

 

The wording “tab dividers” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of dividers.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: tab index dividers.”

 

The wording “tabs (stationery)” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of tabs.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “marking tabs.”

 

The wording “tags (stationery)” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of tags.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “adhesive label tags.”

 

The wording “trading cards” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of cards.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: collectible trading cards.”

 

The wording “year books (printed matter)” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of year books.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “school yearbooks.”

 

 

International Class 17

 

The wording “Rubber” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of rubber.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “Rubber, raw or semi-worked.”

 

The wording “gum” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of gum.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “gum, raw or semi-worked.”

 

The wording “mica and goods made from these materials and not included in other classes” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of goods.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: mica and goods made from these materials and not included in other classes, namely, foam.”

 

The wording “packing, stopping and insulating materials” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of packing and stopping materials.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “rubber packing, stopping and insulating materials.”

 

The wording “adhesives, sealants and seals in this class, including, rubber stops and rubber rings” in the identification of goods is indefinite and must be clarified because it is indefinite due to the use of the word “including”.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: adhesives, sealants and seals in this class, namely, rubber stops and rubber rings.”

 

The wording “tubes, pipes and accessories thereof in this class” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of tubes, pipes and accessories.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “rubber tubes and pipes and fittings thereof in this class.”

 

The wording “draught excluder and draught excluder strips” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of excluder.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “rubber draught excluder and draught excluder strips.”

 

The wording “plastic film other than for wrapping” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of film.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: plastic film other than for wrapping, namely, for industrial and commercial packing.”

 

The wording “glazing film for solar control, insulation, and the strengthening of motor vehicle glazing; films for application to surfaces of material including glass, metal, fabric, vinyl and leather” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of film and the purpose thereof.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: glazing plastic film for solar control, insulation, and the strengthening of motor vehicle window glazing; tinted plastic films for application to surfaces of material, namely, glass, metal, fabric, vinyl and leather.”

 

The wording “window films, including window films for tinting, glare reduction, solar control, ultra violet light protection, insulation, strengthening, security, protection and other purposes” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of films and due to the use of the word “including”.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: window films, namely, window films for tinting, glare reduction, solar control, ultra violet light protection, insulation, strengthening, security, protection and other purposes.”

 

The wording “decorative films for windows” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of films.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “tinted decorative films for windows.”

 

The wording “decorative vinyl and polyester sheet materials for window” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of materials and their purpose.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: decorative vinyl and polyester sheet materials for window for insulation purposes.”

 

 

International Class 18

 

The wording “Leather and imitations of leather, and goods made of these materials and not included in other classes” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of goods.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: Leather and imitations of leather, and goods made of these materials and not included in other classes, namely, purses.”

 

The wording “cases” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of cases.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “suitcases.”

 

The wording “soft sided tool bags” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of contents.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: soft sided tool bags sold empty.”

 

The wording “conference portfolios” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of portfolios.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: conference briefcase-type portfolios.”

 

The wording “cases” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of cases.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “briefcases.”

 

The wording “holders” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of holders.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “credit card holders.”

 

The wording “non-electronic training aids for animals (collars, harnesses, leashes, muzzles)” in the identification of goods is indefinite and must be clarified because it is indefinite due to the use of parentheses.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: non-electronic training aids for animals, namely, collars, harnesses, leashes, muzzles.”

 

The wording “harness” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of harness.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “horse harness.”

 

The wording “folio cases” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of cases.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “briefcase portfolio-type cases.”

 

The wording “parts, fittings and accessories in this class for any of the aforementioned goods” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of accessories.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: parts and fittings in this class for any of the aforementioned goods.

 

International Class 19

 

The wording “Building materials (non-metallic)” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of materials and due to the use of parentheses.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: Building materials, non-metallic, namely, soffits.”

 

The wording “non metallic screens, including, insect screens, insect screens for windows, acoustic screens and glass screens” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of screens due to the use of the word “including”.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: non-metallic window screens, namely, insect screens, insect screens for windows, acoustic screens and glass screens.”

 

The wording “non-metallic screens (partitions) for bathrooms” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of partitions.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: non-metallic screen partitions for bathrooms.”

 

The wording “walls (non- metallic structures)” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of walls.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “concrete walls.”

 

The wording “sun screens (outdoor), not of metal or textile” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of screens.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “non-metal and non-textile exterior window shades.”

 

The wording “horizontal slatted blinds (outdoor), not of metal or textile” in the identification of goods is indefinite and must be clarified because it is indefinite due to the use of parentheses.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: horizontal slatted outdoor blinds, not of metal or textile.”

 

The wording “plastic rods” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of rods.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: plastic rods for use in building construction.”

 

The wording “doors in this class, including, non metallic doors and shutters” in the identification of goods is indefinite and must be clarified because it is indefinite due to the use of the word “including”.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: doors in this class, namely, non metallic doors and shutters.”

 

The wording “security doors, garage doors, grilles (not of metal)” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of doors and grilles.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “non-metal security doors, non-metal garage doors, gates not of metal.”

 

The wording “non metallic roller doors and roller shutters, insulated doors, sectional doors” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of roller shutters, insulated doors, sectional doors.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: non metallic roller doors, roller shutters, insulated doors, and sectional doors.”

 

The wording “insulated sectional overhead doors” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific composition of the doors.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: insulated sectional non-metal overhead doors.”

 

The wording “non metallic door frames and door systems” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of systems.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: non metallic door frames and door systems, namely, jambs and panels.”

 

The wording “shelf units (structures) not of metal” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of units.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “portable non-metal structures to provide temporary privacy for changing and toilet purposes.”

 

The wording “wooden racks (structures)” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of racks.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: wooden bicycle racks.”

 

The wording “non metallic articles for anchoring carpets” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of articles.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: non metallic articles for anchoring carpets, namely, building seam tape.”

 

The wording “components of non-metallic materials for fencing” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of components.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: components of non-metallic materials for fencing, namely, stays.”

 

The wording “concrete fencing components” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of components.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: concrete fencing components, namely, walls.”

 

The wording “non-metallic fencing materials” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of materials.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “non-metallic fencing materials, namely, wire fencing.”

 

The wording “underlays for tiles” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of tiles.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: underlays for non-metal tiles.”

 

The wording “parts, fittings and accessories in this class for any of the aforementioned goods” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of accessories.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: parts and fittings in this class for any of the aforementioned goods.”

 

 

International Class 20

 

The wording “goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of goods.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “drawer pulls of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics.”

 

The wording “caps and closures (not of metal)” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of caps and closures.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “non-metal bottle caps and closures.”

 

The wording “racks” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of racks.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: display racks.”

 

The wording “valves (not of metal)” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of valves.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “valves of plastic being other than machine parts.”

 

The wording “trays, not of metal” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of trays.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “trays, not of metal for foodstuff packaging.”

 

The wording “trestles” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of trestles.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “trestle tables.”

 

The wording “trolleys (furniture)” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of trolleys.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “serving trolleys.”

 

The wording “storage containers (not of metal)” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific use.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: storage containers not of metal for commercial use.”

 

The wording “storage bins” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific composition of the bins.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “non-metal storage bins.”

 

The wording “toolboxes and organisers of plastic” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of organizers.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: toolboxes and drawer organisers of plastic.”

 

The wording “tote boxes” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of boxes.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “plastic tote boxes.”

 

The wording “clips and dividers in this class” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of clips and dividers.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: clips of plastic for sealing bags and room dividers in this class.”

 

The wording “cord management systems for use with window shades and blinds” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of systems.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: cord management systems for use with window shades and blinds, namely, non-metal string and cord winders.”

 

The wording “window blinds; window shades” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific use of the blinds and shades.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “indoor window blinds; indoor window shades.”

 

The wording “rods in this class, including, curtain rods” in the identification of goods is indefinite and must be clarified because it is indefinite due to the use of the word “including”.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “rods in this class, namely, curtain rods.”

 

The wording “picture rods (frames)” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of rods.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: picture rods for frames.”

 

The wording “doors in this class, including, cabinet doors, cupboard doors, doors for furniture, flipper doors for storage units, wardrobe doors and paper screen doors” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of flipper doors and paper screen doors.  The use of the word “including” is also indefinite.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: doors in this class, namely, cabinet doors, cupboard doors, doors for furniture, flipper doors for storage furniture units, wardrobe doors and paper screen doors in the nature of furniture screens.”

 

The wording “door handles” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of door handles.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: non-metal door handles.”

 

The wording “non-metallic shelf bars, brackets and dividers” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of shelf bars.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: non-metallic shelf latch bars, brackets and dividers.”

 

The wording “non-metallic shelf supports; shelf units (furniture)” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of supports and units.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: non-metallic shelf supports being parts of shelves; shelf units in the nature of furniture.”

 

The wording “frames in this class, being carved picture frames, display frames, frames for mirrors, frames for photographs and picture frames” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of display frames.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: frames in this class, being carved picture frames, furniture display frames, frames for mirrors, frames for photographs and picture frames.”

 

The wording “brackets for frames” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of brackets.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: brackets for picture frames.”

 

The wording “non metallic containers in this class including, containers made of plastic” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of contains and due to the use of the word “including”.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: non metallic containers in this class namely, boxes made of plastic.”

 

The wording “carriers for transporting domestic pets (other than cages)” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of carriers.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: crates for transporting domestic pets other than cages.”

 

The wording “non metallic handles” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of handles.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: non metallic door handles.”

 

The wording “display frames” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of displays.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “display frames for the display of media storage containers.”

 

The wording “non metallic articles for edging carpet” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of articles.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: non metallic articles, namely, spacers for edging carpet.”

 

The wording “non metallic cover strips for covering joins between adjacent carpets” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of strips and their purpose.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: non metallic cover strips for covering joins between adjacent carpets, namely, fitted furniture leg covers for floor protection purposes.”

 

The wording “parts, fittings and accessories in this class for any of the aforementioned goods” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of accessories.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: parts and fittings in this class for any of the aforementioned goods.”

 

 

International Class 21

 

The wording “Household or kitchen utensils and containers” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of utensils.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: Household or kitchen tongs and containers.”

 

The wording “sponges” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of sponges.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “kitchen sponges.”

 

The wording “bins” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of bins.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: refuse bins.”

 

The wording “brushes (except paint brushes); brushware” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of brushes.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “bath brushes; scrubbing brushes.”

 

The wording “articles for cleaning purposes” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of articles.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: articles for cleaning purposes, namely, brushes for household use.”

 

The wording “glassware, porcelain and earthenware not included in other classes” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of goods.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “figurines of glassware, porcelain and earthenware not included in other classes.”

 

The wording “racks in this class, being clothes racks, ironing racks, towel racks and drying racks” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of racks.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: racks in this class, being clothes drying racks, ironing racks, towel racks and clothes drying racks.”

 

The wording “containers in this class, being containers for beverages, cosmetics, domestic use, flowers, food, soap, storage purposes (household or kitchen use) and toothbrushes” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of use.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “containers for household use being being containers for beverages, cosmetics, domestic use, flowers, food, soap, storage purposes household or kitchen use and toothbrushes.”

 

The wording “clothes horses (airers)” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of horses.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: clothes horses, namely, drying racks.”

 

The wording “containers made of mesh” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of containers.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: containers made of mesh for household use.”

 

The wording “holders” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of holders.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “toothbrush holders.”

 

The wording “harp” in the identification of goods is a registered mark not owned by applicant; accordingly, applicant must amend the identification to delete this wording and, if not already included in the identification, provide the common commercial or generic name of the goods.  TMEP §1402.09; see 37 C.F.R. §2.32(a)(6); Camloc Fastener Corp. v. Grant, 119 USPQ 264, 264 n.1 (TTAB 1958).  See the attached U.S. Registration No(s). 5145559. 

 

Identifications of goods and/or services should generally be comprised of generic everyday wording for the goods and/or services, and exclude proprietary or potentially-proprietary wording.  See TMEP §§1402.01, 1402.09.  A registered mark indicates origin in one particular party and so may not be used to identify goods or services that originate in a party other than that registrant.  TMEP §1402.09 (citing Camloc Fastener Corp. v. Grant, 119 USPQ at 264 n.1). 

 

Applicant may replace such wording with the following, if appropriate:  “dental flossers.”

 

The wording “pill boxes (not for medical purposes); tablet (pill) boxes not for medical purposes” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific purpose.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: pill boxes for personal use; tablet pill boxes for personal use.”

 

The wording “containers in this class, being containers for beverages, cosmetics, flowers, food, soap, toothbrushes” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of containers.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “kitchen and bathroom containers in this class, being containers for beverages, cosmetics, flowers, food, soap, toothbrushes.”

 

The wording “combs unworked or semi-worked glass (except glass used in building)” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of combs and glass.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: combs; unworked or semi-worked glass except glass used in building.”

 

The wording “parts, fittings and accessories in this class for any of the aforementioned goods” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of accessories.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: parts and fittings in this class for any of the aforementioned goods.”

 

 

 

International Class 22

 

The wording “awnings” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of awnings.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “awnings of textile.”

 

The wording “sacks and bags (not included in other classes)” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of sack and bags.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “sacks or bags for the transportation or storage of materials in bulk.”

 

The wording “padding and stuffing materials (except of rubber or plastics)” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of materials and due to the use of parentheses.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: padding and stuffing materials not of rubber, paper or plastics.”

 

International Class 23

 

The wording “wools” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of wools.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “hand knitting wools.”

 

The wording “yarns for sale in kit form” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific contents of the kit.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “kits comprised of yarns and also including knitting needles.”

 

The wording “packs or kits consisting of combinations of any of the aforesaid” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific combinations.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: packs or kits consisting of combinations of any of the aforesaid, namely, of yarn, thread and wools.”

 

The wording “parts, fittings and accessories in this class for the aforesaid goods” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of accessories.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: parts and fittings in this class for the aforesaid goods.”

 

International Class 24

 

The wording “Textiles and textile goods not included in other classes” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of textiles.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: Textiles and textile goods not included in other classes, namely, curtains.”

 

The wording “table covers” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of covers.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “plastic table covers.”

 

The wording “napkins” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of napkins.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: table napkins of textile.”

 

The wording “place mats; table cloths” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific composition of the goods.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: textile place mats; textile table cloths.”

 

The wording “furniture and upholstery fabrics” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of furniture.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “woolen furniture fabrics; upholstery fabrics.”

 

The wording “bed linen, including sheets, bed skirts, valances, pillow cases, cushion covers, bedspreads, bed covers, comforters, quilts, quilt covers, blankets, curtains, drapes, shower curtains” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of sheets, valances, blankets and drapes.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: bed linen, including bed sheets, bed skirts, fabric valances, pillow cases, cushion covers, bedspreads, bed covers, comforters, quilts, quilt covers, bed blankets, curtains, curtain drapes, shower curtains.”

 

The wording “table linen, including table cloths, napkins, table runners and place mats” in the identification of goods is indefinite and must be clarified because it is indefinite due to the use of the word “including”.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: table linen, namely, table cloths, napkins, table runners and place mats.”

 

The wording “fabrics for clothing and dressmaking” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of fabrics.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “textile fabrics for clothing and dressmaking.”

 

The wording “parts, fittings and accessories in this class for any of the aforementioned goods” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of accessories.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: parts and fittings in this class for any of the aforementioned goods.”

 

International Class 25

 

The wording “clothing, including, pants, shorts, shirts, t-shirts, pullovers, sweat shirts, sweat pants, underwear, sports bras, dresses, skirts, sweaters, jackets, socks, sweatbands, gloves, belts, hosiery, coats and vests” in the identification of goods is indefinite and must be clarified because of the use of the word “including”.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: clothing, namely, pants, shorts, shirts, t-shirts, pullovers, sweat shirts, sweat pants, underwear, sports bras, dresses, skirts, sweaters, jackets, socks, sweatbands, gloves, belts, hosiery, coats and vests.”

 

The wording “costumes for people” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of costumes.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “Halloween costumes for people.”

 

The wording “headgear, including caps” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of headgear and due to the use of the word “including”.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: headgear, namely, caps.”

 

The wording “parts, fitting and accessories for the aforementioned products in this class” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of accessories.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: parts and fittings for the aforementioned products in this class.”

 

International Class 26

 

The wording “ribbons” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of ribbons.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “haberdashery ribbons.”

 

The wording “pins” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of pins.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “sewing pins.”

 

The wording “hair ornaments” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of ornaments.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: hair ornaments, namely, hair wraps.”

 

The wording “hair rollers” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of rollers.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “foam hair rollers.”

 

The wording “needlecraft kits” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of kits.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: needlecraft sewing kits.”

 

The wording “lanyards” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of lanyards.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “sewing lanyards.”

 

The wording “sewing aids” and “sewing fasteners” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of aids and fasteners.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: sewing aids, namely, tacks” and “sewing fasteners, namely, snaps.”

 

International Class 27

 

The wording “Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of “other materials”.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: Carpets, rugs, mats and matting, linoleum and other materials, namely, vinyl for covering existing floors.”

 

The wording “mats in this class, including, bath mats, door mats, non-slip mats and rubber-backed mats” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of mats and due to the use of the word “including”.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “floor mats in this class, namely, bath mats, door mats, non-slip mats and rubber-backed mats.”

 

The wording “parts and fittings in this class for any of the aforementioned goods” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of accessories.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: parts and fittings in this class for any of the aforementioned goods.”

 

International Class 28

 

The wording “Games and playthings” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of goods.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: Games and playthings, namely, board games.”

 

The wording “gymnastic and sporting apparatus; gymnastic and sporting articles” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of sporting goods and articles.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: gymnastic and sporting apparatus, namely, balls; gymnastic and sporting articles, namely, nets.”

 

The wording “martial arts equipment and accessories” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of equipment and accessories.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: martial arts training equipment and nunchucks.”

 

The wording “boxing equipment and accessories” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of accessories.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: boxing equipment and accessories, namely, gloves.”

 

The wording “articles, equipment, machines and apparatus for physical exercise; fitness articles, machines and apparatus; yoga and pilates equipment and apparatus” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of goods.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: articles, equipment, machines and apparatus for physical exercise, namely, treadmills and weights fitness articles, machines and apparatus, namely, kettle bells; yoga and pilates equipment and apparatus, namely, blocks and straps.”

 

The wording “sporting equipment for the disabled” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of equipment.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: sporting equipment for the disabled, namely, handle grips.”

 

The wording “apparatus for use in fishing; fishing articles; fishing equipment in this class” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of apparatus, articles and equipment.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: apparatus for use in fishing, namely, rods; fishing articles, namely, tackle; fishing equipment in this class, namely, lures.”

 

The wording “audible indicating apparatus for use in fishing” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of apparatus.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: audible indicating apparatus for use in fishing, namely, fish bite alarm and strike indicator.”

 

The wording “fishing holdalls” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of holdall.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: fishing tackle boxes.”

 

The wording “fishing ground baits” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of ground baits.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: fishing ground baits, namely, bait holders.”

 

The wording “fishing tackle wallets” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of wallets.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: fishing tackle bags.”

 

The wording “swivels (fishing tackle)” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of swivels.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “fishing tackle containers that swivel.”

 

The wording “toys” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of toys.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “stuffed and plush toys.”

 

International Class 29

 

The wording “fish” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of fish.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “fish, not live.”

 

The wording “milk products” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of products.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: milk products excluding ice cream, ice milk and frozen yogurt.”

 

The wording “chips (french fries)” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of chips.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “chips in the nature of french fries.”

 

International Class 30

 

The wording “preparations made from cereals” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of preparations.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: preparations made from cereals, namely, cereal based snack foods.”

 

The wording “confectionery” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of confectionery.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: confectionery made of sugar.”

 

The wording “chips (cereal products)” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of chips.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “chips made from cereal.”

 

The wording “sauces (condiments)” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of condiments.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: sauces, namely, ketchup.”

 

International Class 31

 

The wording “Grains and agricultural, horticultural and forestry products and grains not included in other classes” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of grains.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “Grains and agricultural, horticultural and forestry products and grains not included in other classes, namely, unprocessed grains.”

 

The wording “seeds” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of seeds.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “seeds for sowing.”

 

The wording “malt” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of malt.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “malt for brewing and distilling.”

 

International Class 32

 

The wording “other non-alcoholic beverages” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of beverages.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: other non-alcoholic beverages, namely, drinking water.”

 

The wording “syrups and other preparations for making beverages” in the identification of goods is indefinite and must be clarified because it is indefinite as to the specific type of “other preparations for making beverages”.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: syrups and other preparations for making fruit drinks.”

 

 

INDEFINITE IDENTIFICATION OF SERVICES

 

The identification of goods and/or services contains parentheses.  Generally, parentheses and brackets should not be used in identifications.  Parenthetical information is permitted in identifications only if it serves to explain or translate the matter immediately preceding the parenthetical phrase in such a way that it does not affect the clarity of the identification, e.g., “obi (Japanese sash).”  TMEP §1402.12. 

 

Therefore, applicant must remove the parentheses from the identification of goods and/or services and incorporate the parenthetical information into the description. 

 

International Class 35

 

The wording “Wholesaling and retailing services, including, such services provided online” in the identification of services is indefinite and must be clarified because it is indefinite as to the specific type of services and goods sold.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  Wholesale and retail store services featuring general consumer merchandise; online wholesale and retail store services featuring general consumer merchandise.

 

The wording “department store, specialty store and direct mail and online retailing services” in the identification of services is indefinite and must be clarified because it is indefinite as to the specific type of specialty store/retailing store and the goods sold through the retail establishments.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  department store, specialty retail store and direct mail order and online retail store services featuring general consumer merchandise.

 

The wording “business services” in the identification of services is indefinite and must be clarified because it is indefinite as to the specific type of business services.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  business management services.

 

The wording “loyalty related services in this class, including, customer loyalty reward programs” in the identification of services is indefinite and must be clarified because it is indefinite as to the specific type of loyalty services.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  business administration of customer loyalty reward programs.

 

The wording “registry services (administration services being recording and maintaining lists and information for others)” in the identification of services is indefinite and must be clarified because it is indefinite as to the specific type of registry services.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  maintenance of information in registries.

 

The wording “presentation of gift hampers for sale including online” and “retailing of gift hampers and arranging for delivery, excluding delivery services” in the identification of services is indefinite and must be clarified because it is indefinite as to the specific type of gift hampers and services.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  online retail store services featuring gift baskets; retail store services featuring gift baskets and arranging delivery thereof.

 

 

 

 

Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted.  TMEP §1402.07(e).

 

 

 

 

For 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.  See TMEP §1402.04.

 

 

 

The applicant may adopt the following identification:

 

“Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; enzymes for use in the tanning of leather; adhesives used in industry; glues for industrial purposes; chemicals for use in swimming pools, namely, for testing pool water; plant food; plant growing media; plant growing substances; plant growth regulating preparations; plant growth stimulants; plant nutrients; hydraulic brake fluid,” in International Class 1;

 

“Coating materials, namely, paints, varnishes, clear varnishes, lacquers, paint enamels, powder coatings protectants used on surfaces, paint thinners, and paint thickeners; binding preparations for paints; pigments; wood stains; preservatives against rust and deterioration of wood; colourants; pigments; mordant dyes; dyestuffs; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists,” in International Class 2;

 

“Cosmetics, toiletries, namely, cosmetics; toothpaste; dentifrices; non-medicated mouthwashes; toothpowder; tartar removing materials, namely, non-medicated mouthwashes; teeth polishes; cleansing preparations for artificial teeth; artificial tooth polish; non-medicated oral rinse, preparations for the care and hygiene of the mouth, teeth, throat, gums and buccal cavity; non-medicated rinsing preparations to prevent tartar and cavities; tooth cleaning pastes; teeth cleansing powders; tartar colouring tablets; breath freshening strip; eyeglass lens cleaning solution not being for contact lenses; spectacle cleaning wipes, namely, tissues impregnated with lens cleaning solution; preparations for the care of hair; essential oils; perfumes and other perfumed products, namely, soaps and powders; bubble bath; bath and shower gel, non-medicated soaps for personal use; body creams; body oils; personal care products and beauty products, namely, make-up; aftershave gels and lotions; antiperspirant; artificial nails; artificial eyelashes; bath oil; beauty masks; facial masks; cleaning masks for the face; body paint; bath beads; bath salts; blush; body and skin lotions; body glitter; body cleanser; body wash; body scrub; body gel; body bronzers; cleanser for the face; cologne; cotton swabs for cosmetic purposes; creams for the body; cream for cuticles; cream for the eyes; cream for the face; creams, namely, cream for hands or feet; deodorant for personal use; exfoliating creams; eye gels; eye makeup; eye makeup pencils; eye shadow; eyeliner; false eye lashes; non-medicated face mist; facial wipes impregnated with cleansers; face scrub; face toner; foundation; body splash; non-medicated body mist; hair conditioner; hair dyes; hair shampoo; hair removal creams; hair spray; hair styling gel; hair styling mousse; lotion for the body; lotion for the hands; lotion for the face; lotion for the feet; lip balm; lip gloss; lip makeup pencils; lipstick; lip liner; makeup; makeup remover; mascara; massage cream; massage oils; nail corrector pens; nail polish; nail polish remover; non-medicated blemish stick; non-medicated cleanser for the face; non-medicated body spray; non-medicated massage ointment; oil blotting sheets for the skin; powders, namely, powders for the body face or the feet; pumice stones for personal use; rouge; shaving cream; salt scrubs for the skin; shower gel and cream; skin bronzing cream; soaps, namely, soaps for the face, the hands or body; sun block for the body and face, suntan lotion for the body, suntan lotion for the face, sunless tanning lotion, pre sun tanning lotion, post-sun tanning lotion, baby powder and talcum powder; nail orange sticks, namely, nail cosmetics; adhesive tapes for affixing false hair; adhesives for affixing false hair; bleaches for use on the hair; bleaching preparations for the hair; chemical preparations for the hair, namely, hair dye; colour rinses for the hair; colouring lotions for the hair; conditioners for treating the hair; conditioners for use on the hair; conditioning preparations for the hair; cosmetics for the use on the hair; creams for the hair; dyes for the hair; fixatives for the hair; gels for use on the hair; hair balm; hair bleaching preparations; hair care agents; hair care products, namely, dyes; hair colorants; hair conditioning rinses; hair cream; hair cosmetics; hair curling preparations; hair fixers; hair fixing oil; hair gel; hair grooming preparations; hair moisturisers; hair mousse; hair setting lotion; hair styling aids, namely, spray; hair permanent preparations; hair wave solutions; hair thickeners; spirit gum for affixing false hair; non-medicated topical preparations for promoting hair growth; tints for the hair; hair removing preparations; hair protection creams; room fragrances; room and car fragrances; deodorants for pets; shampoos for pets; bleaching preparations and detergents for laundry use; cleaning, polishing, scouring and abrasive preparations; all purpose cleaning and cleansing preparations, including, surface cleaning preparations, glass cleaning preparations and hand cleaning preparations; all purpose polishing, preserving, beautifying and protecting preparations, namely, preservatives and beautifiers for rubber, vinyl, leather and plastic; carpet cleaning preparations; laundry detergents; wheel and tyre cleaners; brake parts cleaner; carburettor cleaner; disposable wipes impregnated with chemicals for cleaning and protecting automobiles; degreasing preparations for engines and motor vehicles; windshield cleaning preparations; car cleaning preparations; car polish; car shampoos; non-medicated dental rinses,” in International Class 3;

 

“Industrial oils and greases; industrial lubricants; dust absorbing, wetting and binding compositions; motor spirit fuels and fuel gas illuminants; candles and wicks for lighting; engine oils, engine starting oil sprays; non-chemical additives for engines; shock absorber oils; waxes being raw materials in this class; petroleum jelly for industrial purposes in this class; paraffin base lubricating oils; lubricating oils; fuel oils, kerosene and greases; gas in this class, namely, bottled natural gas, fuel gas, gas oil, liquefied petroleum gas; petroleum raw or refined; petroleum by- products, namely, artificial petroleum; petroleum by- products, namely, artificial petroleum;  petroleum coke,” in International Class 4;

 

“Filled first aid kits; adhesive bandages; first aid kits and first aid boxes filled; wipes impregnated with antibacterial preparations; pre-moistened wipes for medical use; pre-moistened cotton wool in the form of wipes for medical use; impregnated antiseptic wipes; impregnated medicated wipes; impregnated napkins of cellulose containing medicated preparations; moist wipes impregnated with a pharmaceutical lotion; paper wipes impregnated with medicated preparations; paper wipes impregnated with medicated toilet preparations; disinfectant wipes for hygienic cleaning purposes, other than impregnated with cleaning preparations; wipes for hygienic medical purposes; pre-moistened wipes for hygienic surgical purposes; cleaning preparations for contact lenses; contact lens cleaning preparations; liquids for preserving contact lenses; ophthalmic preparations for the care of contact lenses; ophthalmic preparations for the cleaning of contact lenses; preparations for the disinfection of contact lenses; preparations for the rinsing of contact lenses; preparations for the storing of contact lenses; preparations for use on contact lenses; bandages, tapes, plasters, wadding for dressings; adhesive dressing strips; adhesive strips for medical purposes; water proof adhesive strips for medical purposes; masking strips adhesive for medical use; adhesive bands for medical use; adhesive hygienic bands for medical purposes; pharmaceutical preparations and substances for treating pain; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use; food for babies; dietary supplements for humans and animals; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides; algaecides chemicals for swimming pool maintenance; disinfectants for use in swimming pools; veterinary preparations and substances, namely, veterinary pharmaceuticals and veterinary vaccines; dietetic food and substances adapted for veterinary use; antibacterial preparations for veterinary use; animal care pharmaceutical products for veterinary use; antibiotics for veterinary use; bandages for dressings for veterinary use; disinfectants for veterinary use; insecticides for veterinary use; lotions for veterinary purposes; veterinary medicaments for treating skin disorders; veterinary preparations for treating skin disorders; veterinary preparations for treating skin disorders for administration by injection, external application or topical application; veterinary products for treating skin disorders; dietary supplements for animals; fungicides, herbicides, absorbent nappies for pets; deodorizing preparations for pet litter boxes; diapers for pets; vitamins for pets,” in International Class 5;

 

“Common metals and their alloys; boxes of metal other than for household use; metal boxes and storage boxes for organizing; metal building materials, namely, fascia; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware, namely, washers and nuts; pipes and tubes of metal; safes; goods of common metal not included in other classes, namely, pulls and pulleys; metal ores; doors and shutters of metal; metal security doors, garage doors, grill plates; door frames and door systems of metal; door handles and door levers of metal; insect screens of metal, namely, insect screens for doors and insect screens for windows; metal blinds; metal blinds outdoor; awnings of metal; sun screens outdoor of metal; rods of metal; shelving made of metal other than furniture; storage apparatus structures of metal; shelving parts of metal; hanging storage racks of metal; metal brackets, including, metal shelf brackets; metal containers, namely, containers for storage or transport; articles made of metal for anchoring carpets; articles made of metal for edging carpets; cover strips of metal for covering joins between adjacent carpets; metal fencing; metal fencing posts; metal fencing wire; small items of metal hardware, namely, clasps; fabricated metal articles, namely, architectural frames; metal frames, being display frames, door frames and frames for windows; common metal bands for the identification of pet animals; doors of metal for providing access to buildings by pets; food containers of metal for pet animals; pet doors of metal; metallic tiles; parts and fittings in this class for any of the aforementioned goods,” in International Class 6;

 

“Machines and machine tools, namely, machine presses and tool parts therefor; electric power tools, namely, impact wrenches, impact drills, sanding machines, nibblers, grinding machines, band saws, reciprocating saws, cut-off machines; electric glue guns; motors and engines except for land vehicles; machine coupling and transmission components except for land vehicles; portable electric power tools, namely, grinding apparatus, drilling apparatus, reamers, hammers, nailers, staplers, chippers, concrete breakers, screw, bolt and nut drivers, polishers and buffers, saws, shears and nibblers, tappers, stud setters, wrenches, sanding machines, planers, routers, sharpeners for drill bits, saw blades and router cutters; portable electric domestic gardening apparatus, namely, string trimmers, hedge trimmers and blower vacs; agricultural implements other than hand-operated, namely, corn huskers; incubators for eggs; machine mowers, namely, motor driven lawn mowers, seated ride on lawn mowers and self-propelled mowers; apparatus for electric welding; electrodes for welding; finished welding tips; welding torches; electric paint stripper tool; parts and fittings in this class for any of the aforementioned goods,” in International Class 7;

 

“Hand tools and implements hand-operated, namely, wrenches; table cutlery; side arms, namely, hunting knives; razors; garden tools and implements, namely, hoes; saws; trowels; fertilizer scoops; spades; shovels; rakes; non-electric screwdrivers; shears; hand jigsaws; weed cutters; plant parasite killing apparatus, namely, hand-operated sprayers for insecticide; hand tools, namely, riveters; fishing gaffs; parts and fittings in this class for any of the aforementioned goods,” in International Class 8;

 

“Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking supervision, life-saving and teaching apparatus and instruments, namely, cameras; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; electronical and electronic control apparatus and instruments; batteries; electrical security and surveillance apparatus, namely, cameras; blank compact disks, dvds and other digital recording media; calculating machines; data processing equipment; video and/or audio electronic apparatus, namely, DVD players; electronic communication apparatus, namely, cell phones; computer operating programs; downloadable audio, video and image music file; downloadable data processing software; computers; computer software for data processing; computer peripherals; laptop computers, tablet computers; personal digital assistants, computer terminals, electronic reading devices, electronic publications, namely, e-books about music; network media players, helmet-mounted video displays; wireless and wired remote controls for portable digital electronic devices, telephones, mobile telephones; smart phones, audio and video recorders and/or players for the home; portable and personal audio and video recorders and/or players; players and/or recorders for mp3 and other digital audio and video formats; earphones, headphones; protective helmets, cameras, video cameras, television apparatus, mobile television sets, electronic circuits, blank magnetic disks, blank optical discs, blank magnetic and optical disks, blank cd-roms, blank rom compact discs, blank magnetic tapes and encoded dvd-roms featuring information about data processing; electronic circuits, magnetic disks, optical disks, optical and magnetic disks, cd-roms rom compact disks, magnetic tapes and encoded dvd-roms containing video game programs for professional use; control modules, distributor boards, namely, circuit boards; portable electric sockets; cable for electrical transmission; apparatus for locating electrical cables; apparatus for recording, transmission or reproduction of sound or images; fire-extinguishing apparatus; goggles for personal protection; protective helmets; protective masks; measuring tools, namely, rulers; slide calipers; digital calipers; vernier callipers; tape measures; spirit levels; protractors; Geiger counters; level gauges; marking gauges; magnets; mirrors for security and surveillance; scales, including, bathroom scales, electrical scales and kitchen scales; eyewear; and parts in this class for all of the aforementioned goods,” in International Class 9;

 

“Surgical, medical, dental and veterinary apparatus and instruments for use in general surgery, artificial limbs, eyes and teeth; orthopedic braces; suture materials; thermometers for medical purposes; clinical thermometers; digital thermometers for medical purposes; electronic thermometers for medical use; mercury thermometers for medical use; pill distributor and organizer boxes for medical purposes; tennis elbow supports, knee supports for medical purposes, ankle supports for medical purposes; parts and fittings in this class for any of the aforementioned goods; none of the aforementioned being brushes for cleaning body cavities,” in International Class 10;

 

“Lighting fixtures, cooking stoves, steam generators, cooking ovens, refrigerators, clothes dryers, ventilating louvers, metered valves for water supply and sanitary purposes; lighting equipment and apparatus, namely, light bulbs, torches, rechargeable torches, lamps, lampholders, lanterns; lighting installations, namely, garden lighting, bud lighting, led lighting, illuminated house numbers, security lighting, namely, halogen floodlights and spotlight units, motion activated lights; bicycle lamps; bicycle lights; bicycle reflectors for attachment to spokes; lighting equipment for automobiles, namely, lamps; parts and fittings for the aforementioned products; christmas lighting, namely, coloured bulbs, flashing lights, musical flashing lights, sequential flashing lights; festoon lighting, namely, moulded harnessed and colour lamps; gas barbecues and grills and structural parts therefor; stands for barbecues, with and without wheels; outdoor gas heaters and structural parts therefor; heat guns; parts and fittings for the aforesaid goods included in this class,” in International Class 11;

 

“Vehicles for locomotion by land; automobiles; accessories, parts and fittings for automobiles, namely, axels, brakes, brake linings, bumpers, clutches for land vehicles and tires; lighting equipment for automobiles, being signals; engines and motors for land vehicles; parts and fittings for engines and motors for land vehicles; suspension systems for land vehicles; shock absorbers and springs for land vehicles; shafts for land vehicles; wheel bearings and shaft couplings for land vehicles; seat covers for vehicles; transmissions for land vehicles; wheels; wheel hubs; vehicle windscreens; windscreen wipers; rims for land vehicle wheels; alarm systems for vehicles; anti-theft devices for vehicles; alarm systems for land vehicles; anti-theft devices for land vehicles; bicycles, non-motorised bicycles; racing bicycles; air pumps for bicycles for the inflation of tyres; bells for bicycles; bottle carriers for bicycles; brakes for bicycles, cycles; carrying racks for bicycles; chains for bicycles; frames for bicycles; handle bars for bicycles; inner tubes for bicycles; pedals for bicycles; saddle bags specifically adapted for bicycles; spokes for bicycles, cycles; stands for bicycles, cycles being parts therefor; tires for bicycles, cycles; water bottle cages and water bottle holders for bicycles, sold together as a kit; wheels for bicycles, cycles; parts and fittings for the aforementioned products,” in International Class 12;

 

“Precious metals and their alloys and goods in precious metals or coated therewith, namely, jewelry; jewellery, namely, fashion jewellery, imitation jewellery, chains, beads, costume jewellery, jewellery made of plastic, jewellery made of wood, bands for wristwatches and bangles; precious stones; cuff links, tie clips, tie pins, horological and chronometric instruments; parts and fittings for the aforementioned goods,” in International Class 14;

 

“Musical instruments; pianos; accordions; oboes; ocarinas; organs; castanets; clarinets; strings for western musical instruments; cornets musical instruments; basses musical instruments; double basses; saxophones; mutes for musical instruments; cymbals; tambourines; cellos; timpani; glockenspiels; triangles musical instruments; drums musical instruments; trumpets; trombones; harps; harmonicas; violins; drumsticks; violas; picks for stringed instruments; bassoons; flutes; horns musical instruments; mouthpieces for musical instruments; mandolins; music synthesizers; xylophones; bows for musical instruments; reeds; musical instrument stands; conductor's batons; tuning forks; tuning apparatus for musical instruments; keys for musical instruments; keyboards for musical instruments; electronic pianos; electronic organs; electronic drums; wind musical instruments; percussion musical instruments; recorders musical instruments; stringed musical instruments; electronic musical keyboards pianos; electronic musical instruments; banjos; zithers; musical boxes; guitars including electric, acoustic and bass guitars; parts for guitars; rosin for stringed musical instruments, strings for musical instruments; parts and fitting for the aforementioned products in this class,” in International Class 15;

 

“Paper, cardboard; printed matter, namely, stationery; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials, namely, pencils; paintbrushes; typewriters and office requisites except furniture, namely, staplers; printed instructional and teaching material except apparatus in the field of business management; plastic materials for packaging not included in other classes, namely, plastic film; printers' type; printing blocks; account books; address books; adhesive tape dispensers; adhesive tape for stationery purposes; photo albums; scrapbook albums made of paper; appointment books; art paper; articles for writing, namely, paper and pens; artists' drawing boards; artists' sketch books; bags, namely, envelopes and pouches of paper or plastics for packaging purposes; bags of bubble plastics for packaging; ballpoint pen refills; ballpoint pens; binders; birthday books; birthday cards; blackboards; block notepads; blocks of paper; book binders; booklets in the field of art; books in the field of art; paper border decorations on picture mounts; border frames of card; cardboard box files; boxes of cardboard or paper; brushes for writing; business record books; business cards; calendars; vehicle bumper stickers; desktop business card holders; cardboard boxes; correcting fluids for documents; correcting fluids for type; decals; desk diaries; desk blotters; desk calendars; desk diaries; desktop organisers; display photo albums; document wallets; drawing instruments; elastic bands for offices; envelopes; erasers; felt markers; felt pens; file binders; file indexes; file card inserts; file pockets; filing boxes, namely, filing cabinets; filing cabinets for the office; folders; fountain pens; gift boxes; glue sticks for stationery use; ink for writing instruments; letter openers; loose-leaf binders; luggage identity adhesive labels; magazine binders; magazines in the field of art; memo pads; newspapers; note blocks; note books; note pads; notebooks; bookbinding apparatus and machines used as office equipment; personal organisers; writing pads; paint brushes; passport holders; pen boxes; pen ink cartridges; pen cases; pen sets; pens; pencil boxes; pencil cases; pencils; photo albums; pictures; postcards; posters; label rolls of adhesive; rubber stamps; drawing rulers; school diaries; scrapbooks; stamp albums; staple removers; staplers; staples; stencils; tab index dividers; marking tabs; tag labels; adhesive label tags; collectible trading cards; writing pens; school yearbooks; year planners; book covers,” in International Class 16;

 

Rubber, raw or semi-worked, gutta-percha, gum, raw or semi-worked, asbestos, mica and goods made from these materials and not included in other classes, namely, foam; plastics in extruded form for use in manufacture; rubber packing, stopping and insulating materials; flexible pipes, not of metal; adhesives, sealants and seals in this class, namely, rubber stops and rubber rings; rubber tubes and pipes and fittings thereof in this class; rubber draught excluder and draught excluder strips; plastic film other than for wrapping, namely, for industrial and commercial packing and threads of plastic for soldering; plastic film for window tinting; tinted plastic films for application to surfaces of material, namely, glass, metal, fabric, vinyl and leather; sound proofing materials in this class, namely, sound absorbers and diffusers; window films, namely, window films for tinting, glare reduction, solar control, ultra violet light protection, insulation, strengthening, security, protection and other purposes; tinted decorative films for windows; decorative vinyl and polyester sheet materials for window for insulation purposes; parts and fittings for the aforementioned products,” in International Class 17;

 

“Leather and imitations of leather, and goods made of these materials and not included in other classes, namely, purses; animal skins, hides; trunks and travelling bags; luggage and suitcases; back packs; handbags; purses; belt bags; sports bags; school bags; tool bags empty; soft sided tool bags sold empty; conference briefcase-type portfolios; briefcases, wallets, credit card holders, all of either leather or imitation leather; clothing for pets; leashes for animals; leather leashes; muzzles; non-electronic training aids for animals, namely, collars, harnesses, leashes, muzzles; umbrellas and parasols; walking sticks; whips, horse harness and saddlery; costumes for animals; briefcase portfolio-type cases; parts and fittings in this class for any of the aforementioned goods,” in International Class 18;

 

“Building materials, non-metallic, namely, soffits; non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal; non-metallic flooring; including, ceramic tiles, parquet flooring and concrete flooring blocks; non-metallic window screens, namely, insect screens, insect screens for windows, acoustic screens and glass screens; non-metallic screen partitions for bathrooms; concrete walls; non-metal and non-textile exterior window shades; horizontal slatted outdoor blinds, not of metal or textile; non-metallic blinds for exterior use; outdoor blinds, not of metal or of textile; roller blinds for external use not of metal or textile; vertical blinds outdoor of non-metallic materials; window blinds outdoor not of metal or textile; non-metallic shutters; roller shades outdoor of plastic; plastic rods for use in building construction; doors in this class, namely, non metallic doors and shutters; non-metal security doors, non-metal garage doors, gates not of metal; non metallic roller doors, roller shutters, insulated doors, and sectional doors; overhead doors not of metal; insulated sectional non-metal overhead doors; wooden doors; non metallic door frames and door systems, namely, jambs and panels; portable non-metal structures to provide temporary privacy for changing and toilet purposes; non-metallic storage racks; wooden bicycle racks; non metallic articles for anchoring carpets, namely, building seam tape; non metallic frames, being door frames and frames for windows; components of non-metallic materials for fencing, namely, stays; concrete fencing components, namely, walls; non-metallic fencing; non-metallic fencing materials, namely, wire fencing; non-metallic fencing panels; non-metallic fencing posts; non-metallic fencing rails; interior window shutters, non-metallic; tiles, not of metal; ceramic tiles; clay roofing tiles; concrete roof tiles; underlays for non-metal tiles; parts and fittings in this class for any of the aforementioned goods,” in International Class 19;

 

“Furniture, mirrors, picture frames; drawer pulls of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics; plastic and wooden tool boxes and cabinets; ladders of plastic, fibreglass or wood; work benches; wall mirrors; pocket mirrors; cable clips not of metal; non-metal bottle caps and closures; crates; display racks; valves of plastic being other than machine parts; tables; trays, not of metal for foodstuff packaging; trestle tables; serving trolleys; storage containers not of metal for commercial use; non-metal storage bins; toolboxes and drawer organisers of plastic; plastic tote boxes; clips of plastic for sealing bags and room dividers in this class; cable and cord clips of plastics; cord management systems for use with window shades and blinds, namely, non-metal string and cord winders; austrian blinds; indoor window blinds; indoor window shades; roller blinds for use indoors; venetian indoor blinds; vertical blinds indoor; rods in this class, namely, curtain rods, drapery rods, non-metallic suspension rods for hanging up articles, picture rods for frames and support rods for curtains; furniture, being desks, tables and chairs; coat hangers, including, scented coat hangers; doors in this class, namely, cabinet doors, cupboard doors, doors for furniture, flipper doors for storage furniture units, wardrobe doors and paper screen doors in the nature of furniture screens; non-metal door handles; non-metallic shelf latch bars, brackets and dividers; non-metallic shelf supports being parts of shelves; shelf units in the nature of furniture; frames in this class, being carved picture frames, furniture display frames, frames for mirrors, frames for photographs and picture frames; brackets for picture frames; non metallic containers in this class namely, boxes made of plastic; scented coat hangers for discharging room or closet fragrances; beds for domestic pets and household pets; crates for transporting domestic pets other than cages; hutches and kennels for pets; metal frames being metal picture frames; non metallic door handles; non metallic frames being picture frames, display frames for the display of media storage containers; non metallic articles, namely, spacers for edging carpet; non metallic cover strips for covering joins between adjacent carpets, namely, fitted furniture leg covers for floor protection purposes; fishing stools; parts and fittings in this class for any of the aforementioned goods,” in International Class 20;

 

“Household or kitchen tongs and containers; combs and kitchen sponges; refuse bins; bath brushes; scrubbing brushes; brush-making materials; articles for cleaning purposes, namely, brushes for household use; steelwool; unworked or semi-worked glass except glass used in building; figurines of glassware, porcelain and earthenware not included in other classes; toothbrush holders; racks in this class, being clothes drying racks, ironing racks, towel racks and clothes drying racks; containers for household use being being containers for beverages, cosmetics, domestic use, flowers, food, soap, storage purposes household or kitchen use and toothbrushes; pots, including, flower pots, pots made of plastic and pots made of earthenware; clothes horses, namely, drying racks; buckets; containers made of mesh for household use; cages for household pets; food bowls for pets; litter boxes for pets; plastic containers for pets; toothbrushes, including, electric-operated toothbrushes and battery-operated toothbrushes; inter-dental brushes; toothbrush holders; carrying case for toothbrushes, mouth rinsing mugs; replacement brush heads for toothbrushes; dental floss; dental floss holders; toothpicks; dental picks for personal use; dental flossers; pill boxes for personal use; tablet pill boxes for personal use; kitchen and bathroom containers in this class, being containers for beverages, cosmetics, flowers, food, soap, toothbrushes; combs; unworked or semi-worked glass except glass used in building; parts and fittings in this class for any of the aforementioned goods,” in International Class 21;

 

“Ropes, strings, nets tents, awnings of textile, tarpaulins, sails, sacks or bags for the transportation or storage of materials in bulk; padding and stuffing materials not of rubber, paper or plastics; raw fibrous textile materials,” in International Class 22;

 

“Yarns, threads; hand knitting wools; spun wool; yarns made of synthetic and wool fibers; haberdashery thread; sewing thread; sewing yarns; spools of yarn; kits comprised of yarns and also including knitting needles; kits consisting of yarn and knitting instructions; knitting wools; hand knitting wools; packs or kits consisting of combinations of any of the aforesaid, namely, of yarn, thread and wools; parts and fittings in this class for the aforesaid goods,” in International Class 23;

 

“Textiles and textile goods not included in other classes, namely, curtains; bed covers; plastic table covers; towels, including, bath towels, beach towels and face towels, covers for cushions; blanket throws; shams; tea towels; table napkins of textile; textile place mats; textile table cloths; bed skirts; curtains; woolen furniture fabrics; upholstery fabrics; bed linen, including bed sheets, bed skirts, fabric valances, pillow cases, cushion covers, bedspreads, bed covers, comforters, quilts, quilt covers, bed blankets, curtains, curtain drapes, shower curtains; bath linen, including bath towels, hand towels and facecloths; table linen, namely, table cloths, napkins, table runners and place mats; textile fabrics for clothing and dressmaking; wall hangings made of textiles; lining fabric for shoes; parts and fittings in this class for any of the aforementioned goods,” in International Class 24;

 

“Footwear; clothing, namely, pants, shorts, shirts, t-shirts, pullovers, sweat shirts, sweat pants, underwear, sports bras, dresses, skirts, sweaters, jackets, socks, sweatbands, gloves, belts, hosiery, coats and vests; Halloween costumes for people; costumes for use in children's dress up play; headgear, namely, caps; parts and fittings for the aforementioned products in this class,” in International Class 25;

 

“Lace and embroidery, haberdashery ribbons and braid; buttons, hooks and eyes, sewing pins and needles; artificial flowers; barrettes; bows for the hair; elastic for tying hair; elasticised hair bands; elasticised hair ribbons; electric hair rollers; electric hair setting apparatus containing heated hair rollers; electrically heated rods for curling hair; false hair; grips for the hair; hair bands; hair buttons; hair clips; hair colouring caps; hair curlers, other than hand implements; hair curling papers; hair curling pins; hair extensions; hair fasteners; hair nets; hair ornaments, namely, hair wraps; hair pins; hair ribbons; foam hair rollers; hair slides; human hair; non-electric hair rollers; plaited hair; sticks for use in decorating the hair; sticks for use in styling the hair; strips of plastics for use in highlighting of hair; strips of plastics for use in tinting of hair; synthetic hair; knitting needles; knitting pins; needle cases; needle cushions; needle-threaders; needlecraft sewing kits; sewing lanyards; sequins; sewing aids, namely, tacks; sewing boxes; sewing fasteners, namely, snaps; sewing kits; sewing needles; sewing repair kits; wreaths of artificial flowers; zippers; wigs; toupees; arm bands,” in International Class 26;

 

“Carpets, rugs, mats and matting, linoleum and other materials, namely, vinyl for covering existing floors; wall hangings non-textile; floor mats in this class, namely, bath mats, door mats, non-slip mats and rubber-backed mats; pet feeding mats; parts and fittings in this class for any of the aforementioned goods,” in International Class 27;

 

“Games and playthings, namely, board games; gymnastic and sporting apparatus, namely, balls; gymnastic and sporting articles, namely, nets, balls for games, tennis rackets, cricket bats, cricket pads, golf clubs, hockey sticks, rackets for table tennis, badminton and squash; bags for carrying sports equipment and sports balls; roller skates and ice skates; surf boards; body boards; skate boards; tables and nets for table tennis; shin guards, gloves made specially for use in playing sports; protective padding for playing sports; martial arts training equipment and nunchucks; boxing equipment and accessories, namely, gloves; articles, equipment, machines and apparatus for physical exercise, namely, treadmills and weights; articles, equipment, machines and apparatus for physical exercise, namely, treadmills and weights fitness articles, machines and apparatus, namely, kettle bells; yoga and pilates equipment and apparatus, namely, blocks and straps; machines incorporating weights for use in physical exercise; weights for physical exercise; weight lifting belts; wrist bands for use in playing sports; sporting equipment for the disabled, namely, handle grips; apparatus for use in fishing, namely, rods; fishing articles, namely, tackle; fishing equipment in this class, namely, lures; artificial fishing bait; audible indicating apparatus for use in fishing, namely, fish bite alarm and strike indicator; bags adapted for fishing; bags adapted to hold fishing tackle; bite indicators; bite sensors; cases for fishing rods; creels fishing traps; decoys for hunting or fishing; fishing bags; fishing bait synthetic, artificial fishing bait; fishing floats; fishing hooks, fishing tackle boxes; fishing ground baits, namely, bait holders; fishing lines; fishing line casts; fishing plumbs; fishing lures; fishing rod guides; fishing leaders; fishing reels; fishing reel cases; fishing rigs; fishing rods; fishing rod blanks; fishing rod cases; fishing rod rests; fishing rod supports; fishing sinkers; fishing tackle; fishing tackle boxes; fishing tackle float swivels; fishing tackle holdalls; fishing tackle bags; fishing weights; flies for fishing; fly-tying materials for making flies for fishing; gut for fishing; landing nets for fishing; lures artificial for fishing; paternosters poles for fishing; fishing tackle containers that swivel; stuffed and plush toys,” in International Class 28;

 

“Meat, fish, not live, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products excluding ice cream, ice milk and frozen yogurt; edible oils and fats; chips in the nature of french fries; low-fat potato chips; potato chips,” in International Class 29;

 

“Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals, namely, cereal based snack foods; bread, pastry and confectionery made of sugar; biscuits; popcorn including flavoured popcorn; chips made from cereal; corn chips; rice chips; edible ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces, namely, ketchup; spices; ice,” in International Class 30;

 

“Grains and agricultural, horticultural and forestry products and grains not included in other classes, namely, unprocessed grains; live animals; fresh fruits and vegetables; seeds for sowing; natural plants and flowers; foodstuffs for animals, malt for brewing and distilling; beverages for pets; pet food; raw popcorn [unprocessed kernals],” in International Class 31;

 

“Beers; mineral and aerated waters and other non-alcoholic beverages, namely, drinking water; fruit beverages and fruit juices; syrups and other preparations for making fruit drinks,” in International Class 32; and

 

“Wholesale and retail store services featuring general consumer merchandise; online wholesale and retail store services featuring general consumer merchandise; department store, specialty retail store and direct mail order and online retail store services featuring general consumer merchandise, advertising and business management services, retail and online marketing and sales promotions including sales promotions at point of sale or purchase, sales promotions by means of display, presentation and demonstration; marketing services, including, direct mail marketing and marketing by electronic means; business administration of customer loyalty reward programs; maintenance of information in registries; Online retail store services featuring gift baskets; online retail store services featuring gift baskets; retail store services featuring gift baskets and arranging delivery thereof,” in International Class 35.

 

    

 

ENTITY AND CITIZENSHIP/STATE OF INCORPORATION OMITTED

 

Applicant must specify its entity type and citizenship.  For example, an applicant can apply as an individual, a partnership, a corporation or a joint venture.  37 C.F.R. §2.32(a)(3); TMEP §§803.03 et seq.  If applicant is an individual, then applicant must indicate his or her national citizenship for the record.  37 C.F.R. §2.32(a)(3)(i).  If applicant is a corporation or association, then applicant must set forth the U.S. state or country (for foreign applicants only) under whose laws applicant is organized.  37 C.F.R. §2.32(a)(3)(ii).  If applicant is a partnership or joint venture, then applicant must list the names and the national citizenship or the U.S. state or country (for foreign applicants only) of organization or incorporation of all the general partners or joint venturers, as well as specify the state or country under whose laws the partnership or joint venture is organized.  37 C.F.R. §§2.32(a)(3)(ii) and (iii).

 

 

CORRESPONDENCE GUIDELINES

 

There is no required format or form for responding to this Office action.  The Office recommends applicants use the Trademark Electronic Application System (TEAS) to respond to Office actions online at http://www.gov.uspto.report/teas/index.html.  However, if applicant responds on paper via regular mail, the response should include the following information:  (1) the name and law office number of the examining attorney; (2) the serial number of this application; (3) the mailing date of this Office action; and (4) applicant's telephone number.

 

The response should address each refusal and/or requirement raised in the Office action.  If a refusal has issued, applicant may wish to argue against the refusal, i.e., submit arguments and/or evidence as to why the refusal should be withdrawn and why the mark should register.  To respond to requirements, applicant should simply set forth in writing the required changes or statements and request that the Office enter them into the application record. 

 

The response must be signed by applicant or someone with legal authority to bind applicant (i.e., a corporate officer of a corporate applicant, the equivalent of an officer for unincorporated organizations or limited liability company applicants, a general partner of a partnership applicant, each applicant for applications with multiple individual applicants, etc.).  TMEP §§712 et seq.

 

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 U.S. commonwealths or U.S. territories.  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. 

 

 

 

 

/Jennifer Button/

United States Patent & Trademark Office

Examining Attorney

Law Office 105

571-272-8279

jennifer.button@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.

 

 

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