To: | Japan Tobacco Inc. (mailroom@bskb.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 86136397 - SEVEN STARS - 3545-0280US1 |
Sent: | 2/13/2014 9:01:19 PM |
Sent As: | ECOM119@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 86136397
MARK: SEVEN STARS
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CORRESPONDENT ADDRESS: BIRCH, STEWART, KOLASCH & BIRCH, LLP |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Japan Tobacco Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
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: 2/13/2014
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.
SEARCH OF OFFICE’S DATABASE OF MARKS
The trademark examining attorney has searched the Office’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).
Applicant must respond to the requirements set forth below.
CLAIM OF PRIOR REGISTRATIONS
Applicant may use the following format to claim ownership of these registrations:
Applicant is the owner of U.S. Registration Nos. 1948763 and 3211629.
IDENTIFICATION OF GOODS
Applicant has identified its goods as set forth below. The terms appearing in bold letters in the identification of goods are unacceptable because they are indefinite, overly broad and could include goods in multiple classes as more fully explained in the parenthetical information following each listing.
Class 34: Tobacco, whether manufactured or unmanufactured; smoking tobacco, pipe tobacco, hand rolling tobacco, chewing tobacco, snus tobacco; cigarettes, cigars, cigarillos; substances for smoking sold separately or blended with tobacco, none being for medicinal or curative purposes snuff{indefinite – applicant must specify the types of “substances” with particularity (e.g., tobacco substitutes) and must clarify whether “snuff” is one of these substances or should be separated by a comma as distinct goods}; smokers' articles included{indefinite – applicant must specify the articles with particularity, e.g., filter tubes, cigar glue, hookah charcoal}; cigarette papers, cigarette tubes and matches.
Applicant may adopt the following identification of goods, if accurate:
Class 34: Tobacco, whether manufactured or unmanufactured; smoking tobacco, pipe tobacco, hand rolling tobacco, chewing tobacco, snus tobacco; cigarettes, cigars, cigarillos; substances for smoking sold separately or blended with tobacco, none being for medicinal or curative purposes, namely, tobacco substitutes; snuff; smokers' articles, namely, filter tubes, cigar glue, and hookah charcoal; cigarette papers, cigarette tubes and matches.
TMEP §§1402.01 and 1402.03.
For assistance with identifying and classifying goods and/or services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.
RESPONSE TO THIS ACTION
/Charlotte K. Corwin/
Trademark Examining Attorney
Law Office 119
Charlotte.Corwin@USPTO.GOV
(571) 270-1532 (phone)
(571) 270-2532 (fax)
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.