Reconsideration Letter

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

REQUEST FOR RECONSIDERATION DENIED

 

ISSUE/MAILING DATE:

 

Applicant is encouraged to telephone or e-mail the assigned trademark examining attorney to resolve the issues raised in this Office action by examiner’s amendment.  Although a formal response may never be submitted by e-mail, an applicant may communicate informally by phone or e-mail with the trademark examining attorney to agree to a proposed amendment to the application that will immediately place the application in condition for publication for opposition, issuance of a registration, or suspension.  See TMEP §707.

 

 

The trademark examining attorney has carefully reviewed applicant’s request for reconsideration and is denying the request for the reasons stated below.  See 37 C.F.R. §2.64(b); TMEP §§715.03(a)(2)(B), (a)(2)(E), 715.04(a).  The requirement(s) and/or refusal(s) made final in the Office action dated November 2, 2012, are maintained and continue to be final.  See TMEP §§715.03(a)(2)(B), (a)(2)(E), 715.04(a).

 

In the present case, applicant’s request has not resolved all the outstanding issue(s), nor does it raise a new issue or provide any new or compelling evidence with regard to the outstanding issue(s) in the final Office action.  In addition, applicant’s analysis and arguments are not persuasive nor do they shed new light on the issues.  Accordingly, the request is denied.

 

• Identification and Classification of Services

 

The wording “Providing information, news and commentary in the fields of entertainment, popular culture, recreation and leisure activities, sports and sporting events, educational services, technology, concerts, cultural events, and live theatrical productions” in the identification of services needs clarification because it is too broad and could include services classified in other international classes.  See TMEP §§1402.01, 1402.03.  As previously noted, information services are classified according to the subject matter of the information.  Providing information in the field of technology includes services which belong in Class 42.

 

The following is an amended version of applicant’s identification of services that complies with the above-mentioned clarification requirements, with material additions and alterations in bold type.

 

Applicant may adopt the following identification of services, if accurate:

 

CLASS 41: Providing information, news and commentary in the fields of entertainment, popular culture, recreation and leisure activities, sports and sporting events, educational services, [DELETE TECHNOLOGY], concerts, cultural events, and live theatrical productions; providing information relating to the organizing of educational, cultural, sporting, and entertainment exhibitions, and community, sporting and cultural activities, contests and games; providing non-downloadable audio publications over computer networks, namely, books, periodicals, and reports on the subjects of education, entertainment, popular culture, recreation and leisure activities, sports and sporting events, technology, concerts, cultural events, and live theatrical productions; providing advice and information in the field of educational and entertainment activities and events for children; educational services, namely, providing online instruction in the fields of elementary, secondary, and university-level subjects; providing classes, workshops, and instruction in using voice-enabled software applications; providing non-downloadable prerecorded music

 

CLASS 42: providing weather information; providing information on computer technology

 

An applicant may amend an identification of services only to clarify or limit the services; adding to or broadening the scope of the services is not permitted.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07 et seq.

 

For assistance with identifying and classifying goods and/or 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.

 

RESPONSE INFORMATION

 

The filing of a request for reconsideration does not extend the time for filing a proper response to a final Office action or an appeal with the Trademark Trial and Appeal Board (Board), which runs from the date the final Office action was issued/mailed.  See 37 C.F.R. §2.64(b); TMEP §715.03, (a)(2)(B), (a)(2)(E), (c). 

 

If time remains in the six-month response period to the final Office action, applicant has the remainder of the response period to comply with and/or overcome any outstanding final requirement(s) and/or refusal(s) and/or to file an appeal with the Board.  TMEP §715.03(a)(2)(B), (c).  However, if applicant has already filed a timely notice of appeal with the Board, the Board will be notified to resume the appeal when the time for responding to the final Office action has expired.  See TMEP §715.04(a).

 

CONTACT INFORMATION

 

If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney.  All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response.  See 37 C.F.R. §2.191; TMEP §§304.01-.02, 709.04-.05.  Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights.  See TMEP §§705.02, 709.06.

 

 

/Christine Martin/

Examining Attorney

Law Office 104

(571) 272-1630

christine.martin@uspto.gov