| To: | SCIESSENT LLC (welched@comcast.net) |
| Subject: | U.S. TRADEMARK APPLICATION NO. 85149061 - AGION LAVA - N/A - Request for Reconsideration Denied - No Appeal Filed |
| Sent: | 10/3/2011 1:56:54 PM |
| Sent As: | ECOM102@USPTO.GOV |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
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APPLICATION SERIAL NO. 85149061
MARK: AGION LAVA
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: SCIESSENT LLC
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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ISSUE/MAILING DATE: 10/3/2011
The trademark examining attorney has carefully reviewed applicant’s request for reconsideration and is denying the request for the reasons stated below. See 37 C.F.R. §2.64(b); TMEP §§715.03(a), 715.04(a). The requirement(s) and/or refusal(s) made final in the Office action dated August 22, 2011, are maintained and continue to be final. See TMEP §§715.03(a), 715.04(a).
In the present case, applicant’s request has not resolved all the outstanding issues, nor does it raise a new issue or provide any new or compelling evidence with regard to the outstanding issues in the final Office action. Accordingly, the request is denied.
The filing of a request for reconsideration does not extend the time for filing a proper response to a final Office action or an appeal with the Trademark Trial and Appeal Board (Board), which runs from the date the final Office action was issued/mailed. See 37 C.F.R. §2.64(b); TMEP §§715.03, 715.03(a), (c).
If time remains in the six-month response period to the final Office action, applicant has the remainder of the response period to comply with and/or overcome any outstanding final requirement(s) and/or refusal(s) and/or to file an appeal with the Board. TMEP §715.03(a), (c). However, if applicant has already filed a timely notice of appeal with the Board, the Board will be notified to resume the appeal when the time for responding to the final Office action has expired. See TMEP §715.04(a).
Identification of Goods
Applicant’s amended identification of goods is unacceptable. The amendment identifies goods that are classified in more than two classes; however, the fees submitted are sufficient for only two 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 fees already paid, or (2) submit the fees for the additional class(es).
Furthermore, certain wording in the amended identification is too broad and indefinite. Applicant must amend this wording before the mark may be approved for publication.
“0dor absorbtion treatments in the form of applied coatings and topical sprays sold as an integral component of textiles and fabrics, namely, wovens [woven] and non-woven textiles [term “textiles” is too broad and indefinite] and fabrics sold in bulk and stock form for use in the manufacture of clothing and household furnishings; odor absorbtion treatments in the form of applied coatings and topical sprays sold as an integral component of newly manufactured semi-finished and finished goods and articles of manufacture made with cloth, fabrics and textiles [wording “newly manufactured semi-finished and finished goods and articles of manufacture made with cloth, fabrics and textiles” is confusing because it is difficult to know what goods that follow apply to which category named], namely, fabric upholstery, bed linens, bath linens, table linens, flat [specify, bed] sheets, fitted [specify, bed] sheets, fabric pillow case liners, fabric matteress [mattress] pads, bed skirts, curtains, draperies, fabric [incomplete], [specify, fabric] valances, fabric table runners, fabric place mats, shams, pillow cases, pillow shams, comforters, bed blankets, baby blankes [misspelling], outdoor blankets, lap blankes [misspelling], pet blankets, and blanket throws” in International Class 24;
“odor absorbtion treatments in the form of applied coatings and topical sprays sold as an integral component of clothing and footwear made of fabrics and textiles, namely, athletic footwear, athletic shoes, casual footwear, casual shoes, bathing suits, swimwear, beach coverups, beachwear, bikinis, blazers, sports coats, jackets, coats, blouses, shirts, sport shirts, dress shirts, tee shirts, sweatshirts, sweat pants, gym shorts, halter tops, body suits, boxer shorts, shorts, baseball caps, caps, hats, overalls, coverups, dresses, skirts, head wear, jeans, pants, slacks, lingerie, pajamas, panties, underwear, undershirt, hunting jackets, hunding [hunting shirts, hunting pants, hunting hats, hunting vests, bib overalls for hunting, athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, and athletic uniforms, socks, sweaters, swimsuits, tank tops, tights, vests, dress suits, rainwear, raincoats, sports over uniforms, gloves, mittens, scarves, thermal underwear and fishing shirts, fishing jackets, fishing vests, fishing pants, and bib overalls for fishing” in International Class 25.[ACCEPTABLE]
If applicant does not respond within six months of the mailing date of the final action, then the goods to which the final refusal(s) and/or requirement(s) apply will be deleted from the application. The application will proceed forward for the remaining goods. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).
/Christopher L. Buongiorno/
Law Office 102
(571) 272-9251
Christopher.Buongiorno@uspto.gov