RESPONSE TIME LIMIT: TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE.

MAILING/E-MAILING DATE INFORMATION: If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.uspto.gov/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.

Serial Number 78/828928

PLEASE NOTE: All of the issues raised can be resolved by telephone. The applicant may telephone the examining attorney, instead of submitting a written response, to expedite the application.

The assigned examining attorney has reviewed the referenced application as well as the preliminary amendment filed on March 23, 2006 and determined the following.

Search Results

The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.

Identification of Goods in International Class 25

The applicant must clarify the identification of goods by deleting the second and duplicative entry for “coats.” TMEP §1402.01.

The identification of goods is unacceptable as indefinite. The applicant may adopt the following identification, if accurate: Belts, Belts made of leather, Belts of textile, Bermuda shorts, Blazers, Blouses, Bottoms, Camp shirts, Capri pants, Capris, Cardigans, Clothing, namely, wrap-arounds, Coats, Coats for women, Coats made of cotton, Coats of denim, Culottes, Dress suits, Dresses, Dusters, Fabric belts, Footwear, Gaberdines, Gauchos, Hat, Jackets, Jumpsuits, Kilts, Knit shirts, Ladies' suits, Leather belts, Leather coats, Leather jackets, Leather pants, Long jackets, Long sleeved vests, women jackets, trousers, vests, women's suits, Miniskirts, Mock turtle-neck sweaters, Open-necked shirts, Over coats, Pants, Pantsuits, Pedal pushers, Piquet shirts, Polo shirts, Pullovers, Quilted vests, Rain coats, Raincoats, Sashes, Scarves, Shirts, Shirts for suits, Shoes, Short trousers, Short-sleeved shirts, Silk scarves, Skirt suits, Skirts, Skirts and Skorts, Slacks, Sport coats, Suede jackets, Suit coats, Suits, Suits of leather, Sweaters, Top coats, Topcoats, Tops, Trench coats, Trousers, Trousers of leather, Tunics, Turtleneck sweaters, Turtlenecks, Twin sets, Vested suits, Vests, V-neck sweaters, Waistcoats, Wraps. TMEP §1402.01.

General Guidelines:

Please note that, while the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. 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.

Amendment to Claim of Ownership of Prior Registrations

In addition to Registration Nos. 1336665 and 2055472, if applicant is the owner of U.S. Registration No. 1342544 (for OLD PUEBLO TRADERS VICKI WAYNE'S Stylized), then applicant must submit a claim of ownership. 37 C.F.R. §2.36; TMEP §812. The following standard format is suggested:

Applicant is the owner of U.S. Registration Nos. 2055472, 1342544 and 1336665.

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

/Julie A. Watson/

Trademark Attorney

Law Office 109

(571) 272-9236

(571) 273-9109 (fax)

HOW TO RESPOND TO THIS OFFICE ACTION:

ONLINE RESPONSE: You may respond using the Office’s Trademark Electronic Application System (TEAS) Response to Office action form available on our website at http://www.uspto.gov/teas/index.html. If the Office action issued via e-mail, you must wait 72 hours after receipt of the Office action to respond via TEAS. NOTE: Do not respond by e-mail. THE USPTO WILL NOT ACCEPT AN E-MAILED RESPONSE.
REGULAR MAIL RESPONSE: To respond by regular mail, your response should be sent to the mailing return address above, and include the serial number, law office number, and examining attorney’s name. NOTE: The filing date of the response will be the date of receipt in the Office, not the postmarked date. To ensure your response is timely, use a certificate of mailing. 37 C.F.R. §2.197.

STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.

VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.uspto.gov/external/portal/tow.

GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.uspto.gov/main/trademarks.htm

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.