UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/076304
APPLICANT: Twenty-Ten Inc.
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*76076304* |
CORRESPONDENT ADDRESS: Nicole Batten Emmons Baker & McKenzie 2300 Trammel Crow Center 2001 Ross Avenue Dallas, Texas 75201 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: TOPS
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS:
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Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 76/076304
This letter responds to applicant’s communication filed on May 28, 2004. The Canadian registration has been accepted.
THIS REQUIREMENT APPLIES ONLY TO THE SERVICES SPECIFIED THEREIN
The wording “reporting services” in the identification of services needs clarification because it could include services that fall in more than one International Class. Applicant must amend this wording to specify the common commercial or generic name for the services. If there is no common commercial or generic name for the services, then applicant must describe the nature of the services as well as their main purpose, channels of trade, and the intended consumer(s). TMEP §1402.01. Applicant may adopt this wording in its place, if accurate: preparing business reports. TMEP §1402.01.
Please note that, while the identification of services may be amended to clarify or limit the services, adding to the services or broadening the scope of the services is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include services that are not within the scope of the services set forth in the present identification.
The applicant may wish to consult the Trademark Acceptable Identification of Goods and Services Manual which can be accessed at www.uspto.gov in order to determine if the amended identification/recitation of goods/services will be sufficiently definite and properly classified.
If applicant should fail to respond to this Office action within the six month time limit, then the following goods and/or services will be deleted from the application: “and reporting.” The application will then proceed forward the remaining services in the identification only. 37 C.F.R. §2.65(a).
The following legal authorities govern the processing of trademark and service mark applications by the Office: The Trademark Act, 15 U.S.C. §§1051 et seq., the Trademark Rules of Practice, 37 C.F.R. Part 2, and the Office’s Trademark Manual of Examining Procedure (TMEP) (3rd ed., Rev. 2, May 2003), available on the United States Patent and Trademark Office web site at http://www.gov.uspto.report/main/trademarks.htm.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/ Hellen M. Bryan-Johnson /
Trademark Examining Attorney
Law Office 114
(703) 308-9114 ext 457
fax (703) 746-8114
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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.