PROVISIONAL REFUSAL OF PROTECTION
`
`The table below presents the data as entered.
`
`Input Field
`
`IDENTIFICATION SECTION
`
`INTERNATIONAL REGISTRATION NUMBER
`
`1443329
`
`OFFICE REFERENCE
`
`ORIGINAL LANGUAGE CODE
`
`FILE SECTION
`
`79249177
`
`ENGLISH
`
`Entered
`
`FILE SPECIFICATION OF THE DOCUMENT
`
`\\TICRS\EXPORT17\IMAGEOUT17\792\491\79249177\xml5\MOC0002.xml
`
`GOODS AND SERVICES SECTION
`
`NICE CLASS NUMBER
`
`LIMITED LIST
`
`08
`
`List limited to
`
`GOODS AND SERVICE TERMS IN ORIGINAL
`LANGUAGE
`
`Razors; electric shavers; electric razors; razor blades; blades for electric shavers;
`blades for electric hair trimmers; electric hair clippers; electric beard trimmers;
`depilation appliances, electric and non-electric; manicure sets, electric and non-
`electric; pedicure sets, electric and non-electric; electric hair trimmers; electric ear
`hair trimmers; electric nasal hair trimmers; electric hair straightening irons; electric
`irons for styling hair; electric hair curling irons; eyelash curlers; electric flat irons;
`blades for electric razors; electric nail files
`
`NICE CLASS NUMBER
`
`LIMITED LIST
`
`10
`
`List limited to
`
`GOODS AND SERVICE TERMS IN ORIGINAL
`LANGUAGE
`
`Artificial limbs, eyes and teeth; suture materials; massage apparatus; lasers for
`medical purposes; ultrasonic medical diagnostic apparatus; hearing aids; electronic
`blood pressure meters; blood pressure measuring apparatus; massage chairs; massage
`beds for medical purposes; esthetic massage apparatus; thermometers for medical
`purposes; low frequency electric therapy apparatus; high frequency electric therapy
`apparatus; air mattresses for medical purposes; massage mats for medical purposes;
`electric heating pads for medical use; electrically heated carpets for medical use;
`blood testing apparatus; apparatus for blood analysis; electric blankets for medical
`purposes; oral irrigators; beds specially made for medical purposes; dental intra-oral
`cameras; incubators for medical purposes; blood pressure monitors; nursing
`appliances; invalid lifts; lifting appliances for invalids; medical apparatus, namely,
`ladder-type device to assist physically disabled individuals in transferring from
`position to another; body composition monitors
`
`NICE CLASS NUMBER
`
`LIMITED LIST
`
`21
`
`List limited to
`
`GOODS AND SERVICE TERMS IN ORIGINAL
`LANGUAGE
`
`Combs; sponges for household purposes; brush-making materials; unworked or semi-
`worked glass, except building glass; electric lint removers; electric pet brushes;
`electric toothbrushes; replacement heads for electric toothbrushes; dustbins; towel
`rails and rings; toilet paper holders; strainers for household purposes; dishes; plates;
`ironing board covers, shaped; laundry baskets; bathroom pails; bathroom cup holders;
`trouser presses; electric trouser presses; electric combs; electric traps for insects;
`electric apparatus for killing insects; make-up removing appliances; electric make-up
`removing appliances; drying racks for laundry; plant pots
`
`INSTRUCTIONS SECTION
`
`FREE TEXT PROCESSING INSTRUCTIONS
`
`U. S. designated on 20180627; Non-final examiner action
`
` 
`

`

`MAIL DATE
`
`02/01/2019
`
`
`
`MAIL DATE
`
`02/01/2019
`
` 
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`U.S. APPLICATION
`SERIAL NO.   79249177
`
`           
`
`MARK: CROSS VALUE
`INNOVATION
`
`CORRESPONDENT
`ADDRESS:
`  
`       YAMAO Norihito
`  
`       AOYAMA &
`PARTNERS,
`         Umeda Hankyu Bldg.
`Office Tower,
`           Osaka 530-0017
`    
`    JAPAN
`APPLICANT: Panasonic
`Corporation
`
`    
`
`*79249177*
`
`CLICK HERE TO RESPOND TO THIS
`LETTER:
`http://www.uspto.gov/trademarks/teas/response_forms.jsp
`
`   
`
`CORRESPONDENT’S
`REFERENCE/DOCKET
`
`   
`
`NO:       
`
`  N/A
`CORRESPONDENT E-
`
`MAIL ADDRESS:       
`
`OFFICE ACTION
`
`STRICT DEADLINE TO RESPOND TO THIS LETTER
`
`INTERNATIONAL REGISTRATION NO. 1443329
`
`STRICT DEADLINE TO RESPOND TO THIS NOTIFICATION:  TO AVOID PARTIAL ABANDONMENT OF THE REQUEST FOR
`EXTENSION OF PROTECTION OF THE INTERNATIONAL REGISTRATION, THE USPTO MUST RECEIVE A COMPLETE RESPONSE
`TO THIS PROVISIONAL PARTIAL REFUSAL NOTIFICATION WITHIN 6 MONTHS OF THE “DATE ON WHICH THE
`NOTIFICATION WAS SENT TO WIPO (MAILING DATE)” LOCATED ON THE WIPO COVER LETTER ACCOMPANYING THIS
`NOTIFICATION.
`
`In addition to the Mailing Date appearing on the WIPO cover letter, a holder (hereafter “applicant”) may confirm this Mailing Date using the
`USPTO’s Trademark Status and Document Retrieval (TSDR) system at http://tsdr.uspto.gov/.  To do so, enter the U.S. application serial number
`for this application and then select “Documents.”   The Mailing Date used to calculate the response deadline for this provisional partial refusal is
`the “Create/Mail Date” of the “IB-1rst Refusal Note.”
`
`This is a PROVISIONAL PARTIAL REFUSAL of the request for extension of protection of the mark in the above-referenced U.S. application
`that applies to only the following goods in the application:
`
`International Class 008:  Hand tools and implements [hand-operated]; cutlery; side arms; blades [hand tools]; blades for electric
`clippers; hair clippers for animals [hand instruments]; nail polishers, electric and non-electric; tool belts [holders] for electric
`power tools; trimmers [hand operated tools]; hand implements for hair curling; parts and fittings for all the aforesaid goods.
`
`International Class 010:  Surgical, medical, dental and veterinary apparatus and instruments; orthopaedic articles; therapeutic and
`assistive devices adapted for the disabled; apparatus, devices and articles for nursing infants; sexual activity apparatus, devices
`and articles; medical apparatus and instruments; medical therapy instruments; sensor apparatus for medical use in diagnosis;
`electrical therapeutic appliances; inhalers; sheets for medical use; pillows for therapeutic use; apparatus for use in medical
`analysis; apparatus for DNA and RNA exams for medical purposes; foot massagers; diagnostic apparatus and instruments for
`medical purposes; testing apparatus and instruments for medical purposes; oral irrigators; electric esthetic massagers; testing
`
` 
` 
` 
` 
` 
` 
` 
` 
` 
` 
` 
`

`

`apparatus for medical purposes; body rehabilitation apparatus for medical purposes; battery-operated scalp massagers; genetic
`testing apparatus for medical purposes; body rehabilitation apparatus for medical purposes; chairs specially made for nursing care
`use; electric facial massagers; parts and fittings for all the aforesaid goods.
`
`International Class 021:  Household or kitchen utensils and containers; cookware and tableware, except forks, knives and spoons;
`brushes [except paintbrushes]; articles for cleaning purposes; porcelain and earthenware; cleaning instruments, hand-operated;
`polishing apparatus and machines, for household purposes, non-electric; electric brushes, except parts of machines; dental
`cleaning articles; electric dental cleaning apparatus; water apparatus for cleaning teeth and gums; watering devices, other than
`hoses or automatic sprinklers for watering flowers and plants; cosmetic utensils; hair brushes; oral irrigators, other than for use in
`dentistry; electric oral irrigators, other than for use in dentistry; tableware, other than knives, forks and spoons; heat protective
`glass tableware; cooking pots and pans [non-electric]; bathroom towel holders; kitchen utensils; hair brushes; wash basins [bowls,
`not parts of sanitary installations]; cosmetic lotion sprayers; electric facial pore cleaning instruments; household utensils for
`laundry; cleaning and washing utensils for household purposes; indoor terrariums [plant cultivation]; indoor terrariums
`[vivariums]; parts and fittings for all the aforesaid goods.
`
`See 15 U.S.C. §1141h(c).  See below in this notification (hereafter “Office action”) for details regarding the provisional partial refusal.
`
`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 Results
`
`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).
`
`However, the applicant must address the identification requirement detailed below.
`
`Requirement – Identification
`
`All identifications must be precise and identify the goods with particularity using common or commercial names for the goods.  TMEP
`
`§1402.01.            
`
`Current Identification
`
`Applicant’s current identification reads (applicant should note that the wording requiring amendment, as discussed further below, has been
`highlighted in bold font):
`
`International Class 008:  Hand tools and implements [hand-operated]; cutlery; side arms; razors; electric shavers; electric
`razors; razor blades; blades [hand tools]; blades for electric shavers; blades for electric clippers; blades for electric hair
`trimmers; electric hair clippers; hair clippers for animals [hand instruments]; electric beard trimmers; depilation appliances,
`electric and non-electric; nail polishers, electric and non-electric; manicure sets, electric and non-electric; pedicure sets, electric
`and non-electric; tool belts [holders] for electric power tools; trimmers [hand operated tools]; electric hair trimmers; electric
`ear hair trimmers; electric nasal hair trimmers; electric hair straightening irons; electric irons for styling hair; electric hair curling
`irons; eyelash curlers; hand implements for hair curling; electric flat irons; blades for electric razors; electric nail files; parts
`and fittings for all the aforesaid goods.
`
`International Class 010:  Surgical, medical, dental and veterinary apparatus and instruments; artificial limbs, eyes and teeth;
`orthopaedic articles; suture materials; therapeutic and assistive devices adapted for the disabled; massage apparatus;
`apparatus, devices and articles for nursing infants; sexual activity apparatus, devices and articles; medical apparatus and
`instruments; medical therapy instruments; sensor apparatus for medical use in diagnosis; lasers for medical purposes;
`ultrasonic medical diagnostic apparatus; hearing aids; electronic blood pressure meters; blood pressure measuring apparatus;
`massage chairs; massage beds for medical purposes; esthetic massage apparatus; thermometers for medical purposes; low
`frequency electric therapy apparatus; high frequency electric therapy apparatus; electrical therapeutic appliances; air mattresses
`for medical purposes; massage mats for medical purposes; inhalers; electric heating pads for medical use; sheets for medical
`use; electrically heated carpets for medical use; pillows for therapeutic use; blood testing apparatus; apparatus for blood
`analysis; apparatus for use in medical analysis; apparatus for DNA and RNA exams for medical purposes; foot massagers;
`diagnostic apparatus and instruments for medical purposes; testing apparatus and instruments for medical purposes;
`electric blankets for medical purposes; oral irrigators; electric esthetic massagers; beds specially made for medical purposes;
`testing apparatus for medical purposes; body rehabilitation apparatus for medical purposes; dental intra-oral cameras;
`
` 
`  
` 
` 
` 
` 
` 
` 
` 
` 
`

`

`incubators for medical purposes; blood pressure monitors; battery-operated scalp massagers; genetic testing apparatus for
`medical purposes; body rehabilitation apparatus for medical purposes; nursing appliances; invalid lifts; lifting appliances for
`invalids; medical apparatus, namely, ladder-type device to assist physically disabled individuals in transferring from position to
`another; chairs specially made for nursing care use; body composition monitors; electric facial massagers; parts and fittings
`for all the aforesaid goods.
`
`International Class 021:  Household or kitchen utensils and containers; cookware and tableware, except forks, knives and
`spoons; combs; sponges for household purposes; brushes [except paintbrushes]; brush-making materials; articles for cleaning
`purposes; unworked or semi-worked glass, except building glass; porcelain and earthenware; electric lint removers; cleaning
`instruments, hand-operated; polishing apparatus and machines, for household purposes, non-electric; electric brushes,
`except parts of machines; dental cleaning articles; electric dental cleaning apparatus; electric pet brushes; electric
`toothbrushes; replacement heads for electric toothbrushes; dustbins; water apparatus for cleaning teeth and gums; watering
`devices, other than hoses or automatic sprinklers for watering flowers and plants; cosmetic utensils; towel rails and rings;
`hair brushes; toilet paper holders; strainers for household purposes; oral irrigators, other than for use in dentistry; electric
`oral irrigators, other than for use in dentistry; tableware, other than knives, forks and spoons; dishes; plates; heat
`protective glass tableware; cooking pots and pans [non-electric]; ironing board covers, shaped; laundry baskets; bathroom
`towel holders; bathroom pails; bathroom cup holders; kitchen utensils; trouser presses; electric trouser presses; electric combs;
`hair brushes; electric traps for insects; electric apparatus for killing insects; wash basins [bowls, not parts of sanitary
`installations]; cosmetic lotion sprayers; electric facial pore cleaning instruments; make-up removing appliances; electric
`make-up removing appliances; household utensils for laundry; cleaning and washing utensils for household purposes; drying
`racks for laundry; plant pots; indoor terrariums [plant cultivation]; indoor terrariums [vivariums]; parts and fittings for all
`the aforesaid goods.
`
`The identification is unacceptable as presently worded because certain goods are worded indefinitely, need clarification and/or have been
`misclassified. In the identification, applicant must use the common commercial or generic names for the goods, be all-inclusive, as complete and
`specific as possible, and avoid the use of indefinite words and phrases.  If applicant chooses to use indefinite terms, then such terms must be
`followed by the word "namely" and a list of the specific goods identified by their common commercial or generic names.  TMEP §§1402.01 and
`1402.03(a).
`
`Specifically, in addition to the issues identified below, the identification contains parentheses and brackets.  Generally, applicants should not use
`parentheses and brackets in identifications in their applications so as to avoid confusion with the USPTO’s practice of using parentheses and
`brackets in registrations to indicate goods and/or services that have been deleted from registrations or in an affidavit of incontestability to indicate
`goods and/or services not claimed.  See TMEP §1402.12.  The only exception is that parenthetical information is permitted in identifications in
`an application if it serves to explain or translate the matter immediately preceding the parenthetical phrase in such a way that it does not affect the
`clarity or scope of the identification, e.g., “fried tofu pieces (abura-age).”   Id.
`
`Therefore, applicant must remove the parentheses and brackets from the identification and incorporate any parenthetical or bracketed information
`into the description of the goods.
`
`The wording “cutlery” in the identification of goods for International Class 008 must be clarified because it is too broad and could include goods
`in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  In particular, this wording could encompass surgical
`
`cutlery in International Class 010.  
`
`Similarly, the wording “side arms” in the identification of goods for International Class 008 must be clarified because it is too broad and could
`include goods in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  In particular, this wording could encompass
`
`guns in International Class 013.  
`
`The wording “nail polishers” in the identification of goods for International Class 008 must be clarified because it is too broad and could include
`goods in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  In particular, this wording could encompass nail
`
`polish in International Class 003.  Applicant may use the wording “nail buffers,” if accurate.   
`
`The word “parts and fittings” must be clarified because it is indefinite and too broad.   See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. 
`This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods in more than one
`
`international class.  
`
`However, while the word “parts” alone is generally unacceptable for the reasons identified above, the wording “ replacement parts therefor” or
`
`“ structural parts therefor” is acceptable when it follows a definite identification of goods.   See TMEP §1402.03(a).  
`
`Applicant is advised to delete or modify the duplicate entry in the identification of goods in International Class 010 for “body rehabilitation
`apparatus for medical purposes.”   See generally TMEP §§1402.01, 1402.01(a).  If applicant does not respond to this issue, be advised that the
`
` 
` 
` 
` 
` 
`

`

`USPTO will remove duplicate entries from the identification prior to registration.
`
`If modifying one of the duplicate entries, applicant may amend it to clarify or limit the goods and/or services, but not to broaden or expand the
`goods and/or services beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Also,
`generally, any deleted goods and/or services may not later be reinserted.  TMEP §1402.07(e).
`
`Likewise, in International Class 021, the wording “hair brushes” is duplicated.   One entry should be amended to differentiate the goods, or it
`
`should be deleted.  
`
`The wording “watering devices, other than hoses or automatic sprinklers for watering flowers and plants” in the identification of goods for
`International Class 021 must be clarified because it is too broad and could include goods in other international classes.  See 37 C.F.R.
`§2.32(a)(6); TMEP §§1402.01, 1402.03.  In particular, this wording could encompass irrigation bags for watering trees in International Class
`
`022.  
`
`The wording “bathroom towel holders” in the identification of goods for International Class 021 must be clarified because it is too broad and
`could include goods in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  In particular, this wording could
`
`encompass towel racks in International Class 020.             
`
`Suggested Amendment
`
`Applicant may adopt the following identification, if accurate (applicant should note that the suggested amended language appears in bold font,
`and that the applicant must supply the requisite information detailed within the brackets {} and then delete the brackets and the informational
`
`matter within):   
`
`International Class 008:  Hand-operated tools and implements, namely, _______ {specify particular goods, e.g., nail
`scissors}; _____ {specify type, e.g., table} cutlery; side arms, namely, ______ {specify goods with particularity, e.g.,
`swords}; razors; electric shavers; electric razors; razor blades; blades for _______ {specify type of knives, e.g., hunting
`knives}; blades for electric shavers; blades for electric ______ {specify what is being clipped, appropriate for this class, e.g.,
`hair} clippers; blades for electric hair trimmers; electric hair clippers; hair clippers for animals; electric beard trimmers;
`depilation appliances, electric and non-electric; nail buffers, electric and non-electric; manicure sets, electric and non-electric;
`pedicure sets, electric and non-electric; tool belts for electric power tools; _______ {specify type, e.g., grapefruit} trimmers
`being hand operated tools; electric hair trimmers; electric ear hair trimmers; electric nasal hair trimmers; electric hair
`straightening irons; electric irons for styling hair; electric hair curling irons; eyelash curlers; hand implements for hair curling,
`namely, ______ {specify particular goods, e.g., electric hair curling irons}; electric flat irons; blades for electric razors;
`electric nail files; parts and fittings for the aforesaid goods, namely, ______ {specify particular parts appropriate for this
`class, e.g., blades for electric ear hair trimmers}.
`
`International Class 010:  Surgical apparatus and instruments for medical, dental and veterinary use; artificial limbs, eyes
`and teeth; orthopaedic articles, namely, ______ {list particular goods, e.g., artificial limbs}; suture materials; therapeutic
`and assistive devices adapted for the disabled, namely, ______ {specify particular goods, e.g., crutches}; massage apparatus;
`apparatus, devices and articles for nursing infants, namely, ________ {specify particular goods, e.g., nipple protectors for
`use while breastfeeding}; sexual activity apparatus, devices and articles, namely, _______ {list particular goods, e.g., penis
`enlargers}; medical apparatus and instruments for _______ {specify what is being treated, e.g., monitoring respiratory
`events}; medical therapy instruments, namely, ________ {specify type of therapy or list instruments by common or
`commercial names, e.g., nebulizer for administering asthma medication}; ________ {specify what is being sensed, e.g.,
`heartbeat} sensor apparatus for medical use in diagnosis; lasers for medical purposes; ultrasonic medical diagnostic apparatus;
`hearing aids; electronic blood pressure meters; blood pressure measuring apparatus; massage chairs; massage beds for medical
`purposes; esthetic massage apparatus; thermometers for medical purposes; low frequency electric therapy apparatus; high
`frequency electric therapy apparatus; electrical therapeutic appliances, namely, ________ {specify goods by common or
`commercial name, e.g., nebulizers for administering asthma medication}; air mattresses for medical purposes; massage mats
`for medical purposes; inhalers for medical use; electric heating pads for medical use; _______ {specify type of sheets, e.g.,
`medical table} sheets for medical use; electrically heated carpets for medical use; pillows for medical therapeutic use; blood
`testing apparatus; apparatus for blood analysis; apparatus for use in medical analysis of _______ {specify what is being
`analyzed, e.g., blood}; apparatus for DNA and RNA exams for medical diagnostic purposes; foot massage apparatus;
`diagnostic apparatus and instruments for medical purposes for _____ {specify what is being diagnosed or the type of
`apparatus with greater particularity, e.g., diagnosing cancer}; _______ {specify what is being tested, e.g., blood} testing
`apparatus and instruments for medical diagnostic purposes; electric blankets for medical purposes; oral irrigators for dental
`use; electric esthetic massage apparatus; beds specially made for medical purposes; _______ {specify type of testing or body
`part or condition being tested, e.g., ultrasonic} testing apparatus for medical purposes; body rehabilitation apparatus for
`medical purposes; dental intra-oral cameras; incubators for medical purposes; blood pressure monitors; battery-operated scalp
`
` 
` 
` 
` 
`

`

`massaging apparatus; genetic testing apparatus for medical diagnostic purposes; nursing appliances, namely, _____
`{specify particular goods, e.g., breast pumps}; invalid lifts; lifting appliances for invalids; medical apparatus, namely, ladder-
`type device to assist physically disabled individuals in transferring from position to another; chairs specially made for medical
`use; body composition monitors; electric facial massaging apparatus and structural parts and fittings therefor.
`
`International Class 021:  Household or kitchen containers; household or kitchen utensils, namely, _______ {list particular
`goods, e.g., food containers}; cookware and tableware, namely, ______ {list particular items, e.g., coffee services}; combs;
`sponges for household purposes; ______ {specify type, e.g., dusting} brushes; brush-making materials; articles for cleaning
`purposes, namely, ______ {list particular goods, e.g., dusting brushes}; unworked or semi-worked glass, except building
`glass; porcelain and earthenware ________ {specify goods, e.g., figurines}; electric lint removers; cleaning instruments,
`hand-operated, namely, _______ {specify goods, e.g., dusting brushes}; polishing apparatus and machines, for household
`purposes, non-electric, namely, _______ {list common or commercial name for the goods or describe their function with
`greater particularity, e.g., floor polish applicators mounted on mop handles}; electric brushes, namely, _______ {specify
`type of brushes, e.g., toothbrushes, hair brushes}; dental cleaning articles, namely, ______ {list particular goods, e.g.,
`electric toothbrushes}; electric dental cleaning apparatus namely, ______ {list particular goods, e.g., electric
`toothbrushes}; electric pet brushes; electric toothbrushes; replacement heads for electric toothbrushes; dustbins; water
`apparatus for cleaning teeth and gums for home use; watering devices for watering flowers and plants, namely, _____ {list
`particular goods, e.g., watering pots}; cosmetic utensils, namely, ______ {list particular goods, e.g., electrical applicators
`for applying cosmetics to the skin; towel rails and rings; hair brushes; toilet paper holders; strainers for household purposes;
`oral irrigators for home use and not for use in dentistry; electric oral irrigators for home use and not for use in dentistry;
`tableware, namely, ______ {list the particular goods, e.g., dish covers; dishes; plates; heat protective glass tableware,
`namely, _______ {list the particular goods, e.g., dish covers; non-electric cooking pots and pans; ironing board covers,
`shaped; laundry baskets; bathroom towel holders in the nature of _____ {specify goods appropriate for this class, e.g., towel
`rings; bathroom pails; bathroom cup holders; kitchen utensils, namely, ______ {list particular goods, e.g., kitchen tongs};
`trouser presses; electric trouser presses; electric combs; electric traps for insects; electric apparatus for killing insects; wash
`basins in the nature of bowls and not being parts of sanitary installations; cosmetic lotion sprayers sold empty; electric
`facial pore cleaning instruments not for medical use; make-up removing appliances; electric make-up removing appliances;
`household utensils for laundry, namely, ____ {specify particular goods, e.g., drying racks}; cleaning and washing utensils
`for household purposes, namely, ______ {list particular goods, e.g., laundry bins}; drying racks for laundry; plant pots;
`indoor terrariums for plant cultivation; indoor terrariums in the nature of vivariums; parts and fittings for ______ {list
`the specific goods for which parts and fittings are indicated, e.g., plant pots}, namely, _______ {specify particular goods,
`e.g., lids for plant pots}.
`
`            
`
`Limitation on Amendments
`
`In a Trademark Act Section 66(a) application, classification of goods and/or services may not be changed from that assigned by the International
`Bureau of the World Intellectual Property Organization.  37 C.F.R. §2.85(d); TMEP §§1401.03(d), 1904.02(b).  Additionally, classes may not be
`added or goods and/or services transferred from one class to another in a multiple-class Section 66(a) application.  37 C.F.R. §2.85(d); TMEP
`
`§1401.03(d).  
`
`While an application may be amended to clarify or limit the identification, additions to the identification are not permitted.  37 C.F.R. Section
`2.71(a); TMEP §1402.06.   Trademark Rule 2.71(a), 37 C.F.R. §2.71(a), restricts amendments to the identification of goods or services as
`follows, “The applicant may amend the application to clarify or limit, but not to broaden, the identification of goods and/or services.”  This rule
`applies to all applications.
`
`Therefore, the applicant may not amend to include any goods or services that are not within the scope of goods or service set forth in the present
`identification.
`
`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.  See TMEP §1402.04.
`
`Response Guidelines
`
`If applicant has questions about the application or this Office action, please contact the assigned trademark examining attorney at the telephone
`number or email address below.  Applicant is encouraged to contact the examining attorney via email or telephone to make required
`changes to the application through an examiner’s amendment.
`
`To expedite prosecution of the application, applicant is encouraged to file its response to this Office action online via the Trademark Electronic
`
` 
` 
` 
` 
`  
` 
` 
`

`

`Application System (TEAS), which is available at http://www.uspto.gov/trademarks/teas/index.jsp.  If applicant has technical questions about the
`TEAS response to Office action form, applicant can review the electronic filing tips available online at
`http://www.uspto.gov/trademarks/teas/e_filing_tips.jsp and e-mail technical questions to TEAS@uspto.gov.
`
`FAILING TO RESPOND WILL RESULT IN PARTIAL ABANDONMENT OF APPLICATION:  If applicant does not respond to this
`Office action within the six-month period for response, the goods identified above, in the beginning of this Office action, will be deleted from
`
`the application.  
`
`In such case, the application will then proceed only with the following goods:
`
`International Class 008:  Razors; electric shavers; electric razors; razor blades; blades for electric shavers; blades for electric hair
`trimmers; electric hair clippers; electric beard trimmers; depilation appliances, electric and non-electric; manicure sets, electric
`and non-electric; pedicure sets, electric and non-electric; electric hair trimmers; electric ear hair trimmers; electric nasal hair
`trimmers; electric hair straightening irons; electric irons for styling hair; electric hair curling irons; eyelash curlers; electric flat
`irons; blades for electric razors; electric nail files.
`
`International Class 010:  Artificial limbs, eyes and teeth; suture materials; massage apparatus; lasers for medical purposes;
`ultrasonic medical diagnostic apparatus; hearing aids; electronic blood pressure meters; blood pressure measuring apparatus;
`massage chairs; massage beds for medical purposes; esthetic massage apparatus; thermometers for medical purposes; low
`frequency electric therapy apparatus; high frequency electric therapy apparatus; air mattresses for medical purposes; massage
`mats for medical purposes; electric heating pads for medical use; electrically heated carpets for medical use; blood testing
`apparatus; apparatus for blood analysis; electric blankets for medical purposes; oral irrigators; beds specially made for medical
`purposes; dental intra-oral cameras; incubators for medical purposes; blood pressure monitors; nursing appliances; invalid lifts;
`lifting appliances for invalids; medical apparatus, namely, ladder-type device to assist physically disabled individuals in
`transferring from position to another; body composition monitors.
`
`International Class 021:  Combs; sponges for household purposes; brush-making materials; unworked or semi-worked glass,
`except building glass; electric lint removers; electric pet brushes; electric toothbrushes; replacement heads for electric
`toothbrushes; dustbins; towel rails and rings; toilet paper holders; strainers for household purposes; dishes; plates; ironing board
`covers, shaped; laundry baskets; bathroom pails; bathroom cup holders; trouser presses; electric trouser presses; electric combs;
`electric traps for insects; electric apparatus for killing insects; make-up removing appliances; electric make-up removing
`appliances; drying racks for laundry; plant pots.
`
`See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
`
`WHO IS PERMITTED TO RESPOND TO THIS PROVISIONAL PARTIAL REFUSAL:  Any response to this provisional refusal must be
`personally signed by an individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant (e.g., a corporate
`officer or general partner).  37 C.F.R. §§2.62(b), 2.193(e)(2)(ii); TMEP §712.01.  If applicant hires a qualified U.S. attorney to respond on his or
`her behalf, then the attorney must sign the response.  37 C.F.R. §§2.193(e)(2)(i), 11.18(a); TMEP §§611.03(b), 712.01.  Qualified U.S. attorneys
`include those in good standing with a bar of the highest court of any U.S. state, the District of Columbia, Puerto Rico, and other U.S.
`commonwealths or U.S. territories.  See 37 C.F.R. §§2.17(a), 2.62(b), 11.1, 11.14(a); TMEP §§602, 712.01.  Additionally, for all responses, the
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