Offc Action Outgoing

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.

ISSUE/MAILING DATE:

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

SEARCH OF OFFICE’S DATABASE OF MARKS

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

The applicant must respond to the following informalities.

IDENTIFICATION OF GOODS/SERVICES

Applicant must clarify the identification of goods/services by amending the punctuation to properly separate the goods and services and re-classify some of the goods and services. See TMEP §1402.01. Applicant must specify the common commercial or generic name for the goods. If there is no common commercial or generic name, applicant must describe the product and intended consumer as well as its main purpose and intended uses.

Applicant may adopt the following identification, if accurate:

Class 14 – Ankle bracelets; bracelets of precious metals; brooches; chronometers; clock cases; clocks; cuff links; earrings; necklaces; rings being jewelry; stop watches; tie pins; watch bands; watch cases; glass for use in watch faces; watch springs; watches; and parts and fittings for all the aforesaid goods;

Class 26 – buckles of precious metal;

Class 37 - Building sealing and caulking services; computer installation; [clarify “repair construction”]; and repair of warehouse; construction management; construction of pier and harbour; construction services, namely, planning, laying out and custom construction of residential and commercial communities; automobile engine maintenance and repair; furniture upholstering; hydro-electric factory construction; installation and repair of elevators; installation and repair of amusement facilities; installation and repair of burglar and fire alarms; installation and repair of electric appliance; installation and repair of environmental pollution prevention equipment; installation and repair of telecommunication equipment; installation of building insulation; installation of water supply and drainage systems; maintenance and repair of business and office machinery and equipment; installation, maintenance and repair of heating and freezing apparatus namely, water heaters AND electric heaters for commercial use, and freezers; [clarify photographic apparatus repair, e.g., repair of photography apparatus]; pipeline installation and repair; plumbing services; rental of construction equipment; road paving; ship maintenance and repair; underwater building construction; vehicle repair and maintenance; waste disposal for others;

Class 38 - Cable television broadcasting, cellular telephone services; electronic mail services; electronic transmission of data and documents via computer terminals; electronic transmission of facsimile communications and data featuring encryption and decryption; electronic transmission of message and images; paging services; radio broadcasting; radio communication; rental of broadcasting equipment; satellite transmission services; satellite communication services; telephone communication services; television broadcasting; video teleconferencing services;

Class 42 - Architectural design; computer programming for others; computer software design for others; construction drafting; dress design; engineering; geological surveying; industrial design; packing design for others; rental of industrial robots; surveying; construction engineering;

In the identification of goods, applicant must use the common commercial or generic names for the goods, be as complete and specific as possible, and avoid the use of indefinite words and phrases. If applicant uses indefinite words such as “accessories,” “components,” “devices,” “equipment,” “materials,” “parts,” “systems” or “products,” such words must be followed by “namely,” followed by a list of the specific goods identified by their common commercial or generic names. See TMEP §§1402.01, 1402.03(a).

An applicant may amend an identification of goods only to clarify or limit the goods; adding to or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07 et seq.

For assistance with identifying and classifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.

COMBINED/MULTIPLE CLASS APPLICATION REQUIREMENTS

The application identifies goods and/or services that may be classified in more than four classes; however, the fees submitted are sufficient for only four classes. In a multiple-class application, a fee for each class is required. 37 C.F.R. §2.86(a)(2); TMEP §§810.01, 1403.01.

Therefore, applicant must either (1) restrict the application to the number of classes covered by the fee(s) already paid, or (2) submit the fees for the additional class(es).

The filing fee for adding classes to an application is as follows:

(1) $325 per class, when the fees are submitted with a response filed online via the Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/teas/index.html; or

(2) $375 per class, when the fees are submitted with a paper response.

37 C.F.R. §2.6(a)(1)(i)-(a)(1)(ii); TMEP §810.

ABANDONMENT ADVISORY

If applicant does not respond to this Office action within the six-month period for response, the following goods and/or services in International Class(es) 14 will be deleted from the application: buckles of precious metal; and in Class 37 “repair construction,” “water heaters electric heaters for commercial use” and “photographic apparatus repair” will be deleted from the application. The application will then proceed with the remaining goods and/or services in International Class(es) 14, 37, 38 and 42 only. See 37 C.F.R. §2.65(a); TMEP §718.02(a).

ASSISTANCE

Applicant is encouraged to telephone the assigned trademark examining attorney at the telephone number below to resolve the issues raised in this Office action.

/Mrs. A. D. Saunders/

Trademark Attorney, Law Office 109

(571) 272-9349

(571) 272-9250 Trademark Assistance Center

TO RESPOND TO THIS LETTER: Use the Trademark Electronic Application System (TEAS) response form at http://teasroa.gov.uspto.report/roa/. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov.

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

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

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