UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.

 

ISSUE/MAILING DATE: 11/17/2008

 

 

This application comes to the examiner’s attention because of a query based on the identification of goods. 

 

PLEASE NOTE:  Applicant is encouraged to telephone the trademark examining attorney to resolve the issues raised below.

 

IDENTIFICATION OF GOODS

 

The examiner previously approved the application for publication.  However, the Office has determined that the present identification is not, in fact, acceptable for the goods in International Classes 6 and 20.  The examiner apologizes for any confusion.

 

The following phrase in International Class 6 has been queried: “Metal hardware, fixtures, and support structures for household, commercial, and industrial use, namely, sliding systems, shelves and shelving hardware, standards and brackets, supports, fittings, storage and recycling systems, and lazy susans.”  Specifically, the following wording unacceptable because it is too indefinite: sliding systems, hardware, fittings, storage and recycling systems.  Also, lazy susans are classified in International Class 21.  If the “metal hardware, fixtures and supports structures” are used with the systems, shelves, fitting and lazy susans, the identification must list and identify the metal hardware, fixtures, and support structures by common commercial name.

 

Moreover, the wording “lazy susans” and “towel bars” in International Class 20 must be moved to International Class 21.

 

Therefore, applicant may amend to the following, if accurate:

 

“Metal hardware, fixtures, and support structures for household, commercial, and industrial use, namely, {identify and list goods by their common commercial names, e.g., metal brackets for use with shelves}; store fixture and builders' hardware and building materials, namely, metal standards and metal brackets; drawer hardware and structures, namely, tracks, slides, rollers, catchers, locks and pulls, all of metal; door, drawer, and gate hardware and structures, namely, hinges, sheaves, locks, pulls, latches, sliding door tracks, and fixtures, all of metal; glass and mirror fittings, namely, clips, clamps, corner brackets, channels, ticket and label holders, all of metal; metal storage and recycling bins; metal cages for storage and recycling bins; construction elements made of metal, namely, rods, tubing, hand rod flanges, flanges for use in supporting metal closet rods and metal shower curtains, end caps, supports, and metal support fixtures for attachment to perforated board; closet, cupboard, and showcase hardware and fixtures, all of metal, namely, clothing carriers in the nature of metal clothes hooks, metal garment hooks in the nature of metal clothes hooks and metal brackets; hinges, locks, and latches, all of metal; metal fasteners, namely, screws, nuts and bolts and rivets for tightening and holding panels, table tops, desk tops, hanger plates, corner braces, and support hinges; metal wire storage products, namely, lid baskets, under-sink baskets, multi-use baskets, and vegetable bins; metal screws and hinges for mounting and supporting non-metal sliding doors on furniture, cabinets and entertainment centers; common unwrought or semi-wrought metals for further furniture manufacture; alloys of common metals for further furniture manufacture; non-electric cables and wires of common metal ironmongery; small items of metal hardware, namely, door locks, catches, door rollers, pulls, sheaves, clips for holding pieces of glass and mirror, flanges, end caps, mounting brackets and hinges; pipes and tubes of metal” in International Class 6.

 

“Computer accessories and support apparatus, namely, keyboard tray supports and mechanisms, mouse supports and platforms, computer monitor and flat screen video display monitor supports and computer processor unit support holders, combination keyboard and mouse platforms, specialty computer stands in the nature of stands designed for holding a computer, printer and accessories, computer monitor arms and their parts and fittings; racks specifically adapted for holding compact disk; support apparatus specifically adapted for computers, computer monitors, computer keyboards, and other computer peripherals and accessories and their parts, namely, flat screen video screen lifts, platforms, support apparatus, stands, keyboard trays, and height adjustable tables” in International Class 9.

 

“Furniture; household, commercial, and industrial furniture; office furniture, namely, height adjustable worksurfaces and tables; non-metal furniture hardware, namely, sliding systems composed of non-metal catches, pulls, tracks, sheaves, rollers, fasteners, locks, clips, and fittings; computer furniture, namely, computer platforms, trays, adjustable tables, adjustable footrests, and adjustable worksurfaces; non-metal storage and recycling products for mounting to or within cabinetry, namely, dividers for drawers, cutlery trays and organizers, recycling bins, roll-out hampers, cosmetic drawer inserts, drawer divider inserts, spice drawer inserts, tableware trays and organizers, sink front trays, stemware holders, single and multiple wine racks, bottle racks, plate racks, pan racks, appliance lifts, utility trays, waste bins, including swing-out and slide-out bins and paper towel holders; specialty storage products, namely, stair step shelves; non-metal storage products, namely, recycling and vegetable bins, tilt-out hampers, and roll-out hampers; non-metal shelving, namely, built-in shelves and wall-mounted shelves; wood tray dividers for cabinets and wood cabinetry roll-outs in the nature of shelves on rollers for pulling out of cabinetry; non-metal hardware, namely, non-metal tracks for mounting and supporting non-metal sliding doors on furniture, cabinets, and entertainment centers; non-metal hardware, namely, plastic sliding door tracks, shelves, shelf supports, and shelving trim and caps; miscellaneous racks for mounting to or within cabinetry for clothes, dishes, and towels, namely, undercabinet racks, plate racks, bottle racks, and wine racks; dividers for drawers, namely, tray dividers and roll-out shelves in the nature of shelves on rollers for cabinets; metal shelves; furniture, namely, metal storage racks for clothes and dishes; bath storage products for mounting to or within cabinetry, namely, slide-out waste baskets, door-mounted waste bins, and toilet paper holders” in International Class 20.

 

“Kitchen and bath accessories, namely, plastic storage containers for household use or kitchen use in lazy susans; wastebaskets; specialty storage products, namely, plastic containers for holding electric iron; non-metal storage and recycling products for mounting to or within cabinetry, namely, lazy susans; miscellaneous racks for mounting to or within cabinetry for clothes, dishes, and towels, namely, towel bars” in International Class 21.

 

Identifications of goods can be amended 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.  Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.

 

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.uspto.gov/netahtml/tidm.html.  See TMEP §1402.04.

 

QUESTIONS

 

If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney directly at the number below.

/Marcie R. Frum Milone/

Trademark Examining Attorney

Law Office 116

571-272-9726

 

 

 

RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.uspto.gov/teas/eTEASpageD.htm, waiting 48-72 hours if applicant received notification of the Office action via e-mail.  For technical assistance with the form, please e-mail TEAS@uspto.gov.  For questions about the Office action itself, please contact the assigned examining attorney.  Do not respond to this Office action by e-mail; the USPTO does not accept e-mailed responses.

 

If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response.  Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.

 

STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov.  When conducting an online status check, print and maintain a copy of the complete TARR screen.  If the status of your application has not changed for more than six months, please contact the assigned examining attorney.