UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/115546
APPLICANT: Pavilion Technologies, Inc.
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CORRESPONDENT ADDRESS: JEFF A. MCDANIEL CONLEY, ROSE & TAYON, P.C. P.O. BOX 398 AUSTIN, TEXAS 78767
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom108@uspto.gov
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MARK: VALENSA
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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 76/115546
Upon further review, the Office has determined the following.
A. Recitation and Classification of Services
The wording “services for predictive modeling using historical data; consulting services for modeling and simulating competitive trends,” “services for decision prediction,” and “services used for enterprise resource management” in the recitation of International Class 42 services is unacceptable as indefinite because the Office is unable to determine the exact nature, and therefore appropriate international classification, of these services. The applicant must clarify the nature of these services. TMEP section 1301.05.
The applicant must rewrite the identification in its entirety, listing each good or service according to its appropriate international classification, with the international classes listed in ascending order. 37 C.F.R. Section 2.74(b). Please note that, 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 section 804.09. Therefore, the applicant may not amend to include any goods or services that are not within the scope of the goods or services listed in the present identification.
B. Additional Fees May Be Required
As discussed above, the application identifies ^ that may be classified in several international classes. Therefore, the applicant must either: (1) restrict the application to the number of classes covered by the fee already paid, or (2) pay the required fee for each additional class. 37 C.F.R. Section 2.86(a)(2); TMEP sections 810.01 and 1113.01. The fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
Regards,
/Scott Oslick/
Trademark Examining Attorney
Law Office 108
(703) 308-9108 ext. 117 (Telephone)
(703) 746-8108 (Fax - Official Responses Only)
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 E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm 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.