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 assigned trademark examining attorney has reviewed the referenced application and has determined the following:

SEARCH CONDUCTED

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).

IDENTIFICATION OF GOODS INDEFINITE – CLARIFICATION REQUIRED

The following underlined wording is indefinite and must be clarified as set forth in brackets below. The exact nature of the goods is not clear from this wording. The bolded wording is misclassified. See TMEP §1402.01.

Class 21

Bar glasses [Clarify whether drinking glasses, for example]; Bar serving trays; Beer mugs; Beverage glassware; Beverage stirrers; Bottle openers; Bottle stoppers specially adapted for use with wine bottles; Canteens; Champagne buckets; Champagne flutes; Coasters [Clarify type; see ID Manual for assistance and examples]; Cocktail shakers; Cocktail stirrers; Corkscrews, electric and non-electric; Cups and mugs; Decanters; Flasks; Ice buckets; Shot glasses; Martini glasses; Mason jars; Pitchers; Wine cooling pails; Wine aerators; Wine buckets; Wine glasses

Applicant must amend this wording to specify the common commercial or generic name for the goods. If there is no common commercial or generic name for the goods, then applicant must describe the nature of the goods as well as their main purpose, channels of trade, and the intended consumer(s).

An applicant may only amend an identification to clarify or limit the goods and/or services, but not to 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., 1402.07.

It is the applicant’s duty to identify the goods and/or services, and any goods and/or services deleted from the application by amendment may not be reinserted at a later point in prosecution. TMEP §1402.01(e).

For assistance with identifying and classifying goods and 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.

Applicant may find acceptable identification wording by: 1) using the sample wording provided in the Identification Manual for this purpose; 2) researching the Register for wording that has recently been accepted by the Office and is consistent with the current rules governing identifications; 3) using wording that is the common name widely used in the relevant industry or trade; or 4) drafting wording that otherwise complies with the requirements described in the Code of Federal Regulations as exemplified by the entries in the Identification Manual.

REQUIREMENTS FOR A COMBINED APPLICATION

If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those services based on an intent to use the mark in commerce under Trademark Act Section 1(b):

(1) Applicant must list the services by international class with the classes listed in ascending numerical order. TMEP § 1403.01; and

(2) Applicant must submit a filing fee for each international class of services not covered by the fee already paid (current fee information should be confirmed at http://www.uspto.gov). 37 C.F.R. §2.86(a)(2); TMEP §§810 and 1403.01.

INSUFFICIENT FEE – ADDITIONAL FEE(S) REQUIRED

The application identifies goods and/or services that are classified in at least 2 classes; however, applicant submitted a fee(s) sufficient for only 1 class. 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 each additional class.

RESPONSE GUIDELINES

There is no required format or form for responding to an Office action. The Office recommends applicants use the Trademark Electronic Application System (TEAS) to respond to Office actions online at http://www.gov.uspto.report/teas/index.html. However, if applicant responds on paper via regular mail, the response should include the title “Response to Office Action” and the following information: (1) the name and law office number of the examining attorney, (2) the serial number and filing date of the application, (3) the mailing date of this Office action, (4) applicant’s name, address, telephone number and e-mail address (if applicable), and (5) the mark. 37 C.F.R. §2.194(b)(1); TMEP §302.03(a).

The response should address each refusal and/or requirement raised in the Office action. If a refusal has issued, applicant can argue against the refusal; i.e., applicant can submit arguments and evidence as to why the refusal should be withdrawn and the mark should register. To respond to requirements, applicant should set forth in writing the required changes or statements and request that the Office enter them into the application record.

E-mail may not be used to file responses to Office actions. These documents may be filed electronically using TEAS. TMEP § 304.02. Further, e-mail may not be used to request an advisory opinion as to the likelihood of overcoming a refusal or requirement.

If applicant does not respond to this Office action within the six-month period for response, the goods underlined above will be deleted from the application. The application will then proceed with the following goods only:

Class 21

Bar serving trays; Beer mugs; Beverage glassware; Beverage stirrers; Bottle openers; Bottle stoppers specially adapted for use with wine bottles; Canteens; Champagne buckets; Champagne flutes; Cocktail shakers; Cocktail stirrers; Corkscrews, electric and non-electric; Cups and mugs; Decanters; Flasks; Ice buckets; Shot glasses; Martini glasses; Mason jars; Pitchers; Wine cooling pails; Wine aerators; Wine buckets; Wine glasses

See 37 C.F.R. §2.65(a); TMEP §718.02(a).

/efennessy/

Edward Fennessy

LO 114

1.571.272.8804

Edward.Fennessy@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 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.