Examiners Amendment Priority

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:

PRIORITY ACTION

DATABASE SEARCH: The trademark examining attorney has searched the USPTO’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).

ISSUES APPLICANT MUST ADDRESS: On October 13, 2010, the trademark examining attorney and Susan Hwang discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §§708, 711.

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(a), 2.65(a); TMEP §§711, 718.03.

IDENTIFICATION OF GOODS – PARTIAL AS TO SPECIFIC GOODS

THIS REQUIREMENT APPLIES ONLY TO THE GOODS SPECIFIED THEREIN, NAMELY, DIGGING TOOLS FOR BURYING CABLES, PROTRACTOR SAW GUIDES, SCALERS, AND MEAT HOOKS

The wording “digging tools for burying cables, protractor saw guides, scalers, and meat hooks” in the identification of goods is indefinite and must be clarified because the nature of the goods are not indicated with enough specificity for proper identification. See TMEP §1402.01. The nature of the grill will determine the nature of the proper classification for the goods. Applicant must amend the identification to specify the common commercial name of the goods. If there is no common commercial name, applicant must describe the product and its intended uses. See id.

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.

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

Hand tools, namely, digging tools for burying cables in the nature of digging forks, spades, and post hole diggers (or indicate common commercial name for hand digging tool properly classified in this class), files, ice picks, tongs, manually-operated protractor saw guides, can openers, pliers, screwdrivers, scalers in the nature of cutlery and fish scalers (or indicate common commercial name for scaler), and meat hooks in the nature of (indicate common commercial name for goods); household utensils, namely, knives, forks, and spoons, International Class 8.

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.

FAILURE TO RESPOND ABANDONMENT OF SPECIFIC GOODS

If applicant does not respond to this Office action within the six-month period for response, then the following goods and/or services will be deleted from the application: digging tools for burying cables, protractor saw guides, scalers, and meat hooks. The application will then proceed with the following goods and/or services only: Hand tools, namely, files, ice picks, tongs, can openers, pliers, screwdrivers; household utensils, namely, knives, forks, and spoons. 37 C.F.R. §2.65(a).

ASSISTANCE

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

EXAMINER'S AMENDMENT

APPLICATION HAS BEEN AMENDED: In accordance with the authorization granted by the individual identified in the Priority Action section above, the trademark examining attorney has amended the application as indicated below. Please advise the undersigned immediately of any objections. TMEP §707. Any amendments to the identification of goods and/or services may clarify or limit the goods and/or services, but may not add to or broaden the scope of the goods and/or services. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.

GOODS DO NOT ORIGINATE FROM THE GEOGRAPHIC LOCATION IN THE MARK

The following statement is added to the record:

The goods do not originate in from the geographic location named in the mark.

See 37 C.F.R. §2.61(b); TMEP §1210.03.

/Brendan D. McCauley/

Brendan D. McCauley

Examining Attorney

Law Office 114

571-272-9459

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.