To: | OMS Investments, Inc. (hwritm@hunton.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 85389655 - SCOTTS - 77730.2 |
Sent: | 12/1/11 10:35:45 AM |
Sent As: | ECOM115@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
APPLICATION SERIAL NO. 85389655
MARK: SCOTTS
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: OMS Investments, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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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: 12/1/2011
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62, 2.65(a); TMEP §§711, 718.03.
Search Results
Identification and Classification of Goods – Amendment Required
This wording is also too broad because it could include goods in other international classes. See TMEP §§1402.01, 1402.03. For example, metal pins and anchors are classified in International Class 6, while non-metal pins and anchors are classified in International Class 20. The identification of goods must be specific and all-inclusive.
In addition, applicant classified the goods “landscape fabric for inhibiting weed growth; landscape fabric for retaining soil moisture; landscape fabric for controlling weeds and soil erosion” in International Class 17; however, the correct classification is International Class 19. Applicant must either delete these goods or add International Class 19 to the application. 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.04(b).
The suggested amendments are noted below in bold typeface. Applicant may adopt any or all of the following identification of goods, if accurate:
“Metal landscape pins and anchors for use in securing landscape fabric, burlap and protective netting,” in International Class 6.
“Landscape fabric for inhibiting weed growth; landscape fabric for retaining soil moisture; landscape fabric for controlling weeds and soil erosion,” in International Class 19.
“Non-metal landscape pins and fastening anchors for use in securing landscape fabric, burlap and protective netting,” in International Class 20.
See TMEP §1402.01.
For assistance with identifying and classifying goods 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.
Multiple Class Application Requirements
For an application with more than one international class, called a “multiple-class application,” an applicant must meet all of the requirements below for those international classes based on an intent to use the mark in commerce under Trademark Act Section 1(b):
(1) LIST GOODS BY INTERNATIONAL CLASS: Applicant must list the goods by international class; and
(2) PROVIDE FEES FOR ALL INTERNATIONAL CLASSES: Applicant must submit an application filing fee for each international class of goods not covered by the fees already paid (confirm current fee information at http://www.uspto.gov, click on “View Fee Schedule” under the column titled “Trademarks”).
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
Applicant has paid sufficient fees for one (1) International Class.
/Carrie Genovese/
Examining Attorney
Law Office 115
(571) 272-8378
carrie.genovese@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 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 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.