Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

FINAL OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

Serial Number  76/050431

 

This application has been removed from suspension because prior pending Application Serial No. 75/845965 has been abandoned, and the assignment has been recorded.  The applicant is advised of the following:

 

IDENTIFICATION OF GOODS – CLASS 9

 

The amended identification of goods in Class 9 is unacceptable because the applicant has not identified the exact function of the software.  The applicant may amend the identification as follows:  “Computer software for use to [IDENTIFY the function of the programs, e.g., for use in data base management, for use as a spreadsheet, for word processing, etc.] in the field of financial and stock exchange dealings””.

 

RECITATION OF SERVICES – CLASS 36

 

The wording “services relating to monetary and financial transactions, namely, in connection with stocks and securities” is unacceptable as indefinite because the exact nature of the services is unclear.  The applicant may amend the recitation as follows:  “Services relating to monetary and financial transactions, namely, market monitoring, analysis, indexing, pricing, trading or arbitrage of stocks, bonds, securities, commodities, futures, derivatives, or options”.  (This wording appears in applicant’s copending Registration No. 2793493).

 

The requirement to amend the identifications of goods and services in Classes 9 and 36 is hereby made FINAL.

 

If applicant fails to respond to this final action within six months of the mailing date, the application will be abandoned.  15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).  Applicant may respond to this final action by: 

 

(1)   submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); or

(2)   filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class (37 C.F.R. §§2.6(a)(18) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).

 

In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2).  37 C.F.R. §2.64(a).  See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matter.  The petition fee is $100.  37 C.F.R. §2.6(a)(15).

 

 

/Carolyn Pendleton Cataldo/

Trademark Attorney

Law Office 103

Phone:  (703) 308-9103 (ext. 222)

Facsimile:  (703) 746-8103

carolyn.pendleton@uspto.gov

 

 

How to respond to this Office Action:

 

To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.

 

To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.

 

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

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 

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