To:
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`Subject:
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`Sent:
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`Sent As:
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`Attachments:
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`Annco, Inc. (trademark@cll.com)
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`TRADEMARK APPLICATION NO. 77256065 - LOFT - 24719.001/HL
`
`12/9/2007 4:13:05 PM
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`ECOM117@USPTO.GOV
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`      SERIAL NO:          
`     MARK: LOFT                   
`
`77/256065
`
`*77256065*
`
`RESPOND TO THIS ACTION:
`http://www.uspto.gov/teas/eTEASpageD.htm
`
`GENERAL TRADEMARK INFORMATION:
`http://www.uspto.gov/main/trademarks.htm
`
`    CORRESPONDENT ADDRESS:
`         
`
`1133 AVENUE OF THE AMERICAS
`
`        
`
`trademark@cll.com
`
`HEATHER L. JENSEN          
`COWAN, LIEBOWITZ & LATMAN, P.C.                
`  NEW YORK, NY 10036-6710             
`      APPLICANT:        
`  Annco, Inc.            CORRESPONDENT’S REFERENCE/DOCKET NO :           
`   
`24719.001/HL            CORRESPONDENT E-MAIL ADDRESS:           
`
`TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS
`OF THE ISSUE/MAILING DATE.
`
`OFFICE ACTION
`
`ISSUE/MAILING DATE: 12/9/2007
`
`This letter is in response to applicant’s communication filed on 12/4/07.
`
`The applicant must classify the goods listed as “headbands” correctly.
`
`In addition, the applicant must provide an acceptable specimen for the goods in Class 026.
`
`Identification of Goods
`
`Applicant’s initial identification of goods in Class 026 was listed as “hair accessories and ponytail holders”. The term “hair accessories” was
`indefinite and the examining attorney required that the applicant amend the term.
`
`Applicant’s amended identification of goods is listed as “hair accessories, namely, headbands, scrunchies, barrettes and clips; ponytail holders”,
`in Class 026
`
`This identification is not acceptable as “headbands” are explicitly classified in Class 025. The applicant must either delete the term or classify
`the goods correctly as follows:
`
`“hair accessories, namely, headbands”, in Class 025
`
`“hair accessories, namely, scrunchies, barrettes and clips; ponytail holders”, in Class 026
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`Additional Fees May Be Required
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`If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the requirements
`below for those goods and/or services based on actual use in commerce under Trademark Act Section 1(a):
`
`(1)   Applicant must list the goods/services by international class with the classes listed in ascending numerical order;
`
`(2)   Applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid (current fee
`information should be confirmed at http://www.uspto.gov); and
`
`(3)   For each additional class of goods and/or services, applicant must submit:
`
`(a)    dates of first use of the mark anywhere and dates of first use of the mark in commerce, or a statement that the dates of use in the initial
`application apply to that class; the dates of use, both anywhere and in commerce, must be at least as early as the filing date of the
`application;
`
`(b)   one specimen showing use of the mark for each class of goods and/or services; the specimen must have been in use in commerce at least
`as early as the filing date of the application;
`
`(c)    a statement that “the specimen was in use in commerce on or in connection with the goods and/or services listed in the application at
`least as early as the filing date of the application;” and
`
`(d)   verification of the statements in 3(a) and 3(c) in an affidavit or a signed declaration under 37 C.F.R. §2.20.  (NOTE:  Verification is not
`required where (1) the dates of use for the added class are stated to be the same as the dates of use specified in the initial application, or
`(2) the original specimens are acceptable for the added class.)
`
`37 C.F.R. §§2.6, 2.34(a), 2.59, 2.71(c), and 2.86(a); TMEP §§810, 904.09, 1403.01 and 1403.02(c).
`
`Please note that the specimen(s) of record are acceptable for class 025 only.
`
`Specimen Does Not Show Use with Goods in Class 026
`
`The specimen is not acceptable because it does not show the applied-for mark used in connection with any of the goods and/or services specified
`in the application.  An application must include a specimen showing the applied-for mark in use in commerce for each class of goods and/or
`services based on Section 1(a) in the application.  Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56;
`
`TMEP §§904, 904.07(a), 1301.04.  
`
`In this case, the specimen is an appropriate web catalog specimen but only shows appropriate use for “headbands” in Class 025 but not for any
`of the goods listed in Class 026.
`
`Therefore, applicant must submit the following:
`
`(1)   A substitute specimen showing use of the mark for each class of goods and/or services specified in the application; and
`
`(2)   The following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20:  “ The specimen was in use in
`commerce at least as early as the filing date of the application.”   37 C.F.R. §2.59(a); TMEP §904.05.  If submitting a specimen
`requires an amendment to the dates of use, applicant must also verify the amended dates.  37 C.F.R. §2.71(c).
`
`Examples of specimens for goods are tags, labels, instruction manuals, containers, photographs that show the mark on the goods or packaging, or
`displays associated with the goods at their point of sale.  TMEP §§904.03 et seq.  Examples of specimens for services are signs, photographs,
`brochures, website printouts or advertisements that show the mark used in the sale or advertising of the services.  TMEP §§1301.04 et seq.
`
`If applicant cannot satisfy the above requirements, applicant may amend the Section 1(a) filing basis (use in commerce) to Section 1(b) (intent to
`use basis), for which no specimen is required.  However, should applicant amend the basis to Section 1(b), registration cannot be granted until
`applicant later amends the application back to use in commerce by filing an acceptable allegation of use with a proper specimen.  15 U.S.C.
`
`§1051(c); 37 C.F.R. §§2.76, 2.88; TMEP Chapter 1100.  
`
`In order to amend to Section 1(b), applicant must submit the following statement, verified with an affidavit or signed declaration under 37 C.F.R.
`§2.20:  “ Applicant has had a bona fide intention to use the mark in commerce on or in connection with the goods or services listed in
`the application as of the filing date of the application.”   15 U.S.C. §1051(b); 37 C.F.R. §§2.34(a)(2), 2.35(b)(1); TMEP §806.03(c).
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`Pending a proper response, registration is refused because the specimen does not show the applied-for mark in use in commerce as a trademark
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`or service mark for the identified goods or services.  15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56; TMEP §§904, 904.07(a).      
`
`/Ernest Shosho/
`Trademark Attorney
`Law Office 117
`571-272-9705
`
`RESPOND TO THIS ACTION: If there are any questions about the Office action, please contact the assigned examining attorney. A response
`to this Office action should be filed using the form available at http://www.uspto.gov/teas/eTEASpageD.htm. If notification of this Office action
`was received via e-mail, no response using this form may be filed for 72 hours after receipt of the notification. Do not attempt to respond by e-
`mail as 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.
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`Annco, Inc. (trademark@cll.com)
`
`TRADEMARK APPLICATION NO. 77256065 - LOFT - 24719.001/HL
`
`12/9/2007 4:13:06 PM
`
`ECOM117@USPTO.GOV
`
`To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`                                                                
`
`IMPORTANT NOTICE
`USPTO OFFICE ACTION HAS ISSUED ON 12/9/2007 FOR
`APPLICATION SERIAL NO. 77256065
`
`Please follow the instructions below to continue the prosecution of your application:
`
`ACTION:
`OFFICE
`VIEW
`link
`this
`on
`Click
`http://tmportal.uspto.gov/external/portal/tow?DDA=Y&serial_number=77256065&doc_type=OOA&mail_date=20071209 (or copy and
`paste this URL into the address field of your browser), or visit http://tmportal.uspto.gov/external/portal/tow and enter the application
`serial number to access the Office action.
`
`PLEASE NOTE: The Office action may not be immediately available but will be viewable within 24 hours of this notification.
`
`RESPONSE MAY BE REQUIRED: You should carefully review the Office action to determine (1) if a response is required; (2) how to
`respond; and (3) the applicable response time period. Your response deadline will be calculated from 12/9/2007.
`
`Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed
`responses.  Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System response form
`at http://www.uspto.gov/teas/eTEASpageD.htm.
`
`HELP: For technical assistance in accessing the Office action, please e-mail
`
`TDR@uspto.gov.  Please contact the assigned examining attorney with questions about the Office action.          WARNING
`
`1. The USPTO will NOT send a separate e-mail with the Office action attached.
`
`2. Failure to file any required response by the applicable deadline will result in the ABANDONMENT of your
`application.
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