Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

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  76/154717

 

This letter follows the September 6, 2002 examiner’s amendment from this Office. Please note, upon further review of the file for publication, the following has been determined.

 

Class 41 Recitation of Services

 

Please note, the class 41 recitation of services contains an indefinite phrase.

 

The current recitation of services reads: “education in the field of data and telecommunication, computer education training services; production of radio, television and video programs; rental of sound recordings films, videotapes and cassettes; leasing of radio and television programs; providing an online website featuring information related to electronic games and online contests via the internet.”

 

Please note, “education in the field of data and telecommunication” is unacceptable as indefinite. The applicant must amend its identification to state how the services are provided, (lectures, workshops, seminars, etc.) and the exact subject matter covered.

If accurate, the applicant may consider amending this portion of its recitation to “providing educational workshops and seminars concerning the technical operation of cable and wireless networks.”

 

Class 42 Recitation of Services

 

Please note, the applicant has included “electronic storage of technical data” in its class 42 recitation of services. These services are classified in class 39. (See attached).  Therefore, the applicant should amend its identification to delete these services or separate them into their own classes and heed the Insufficient Fee Requirements outlined below.

 

Insufficient Fee Requirements

 

The application identifies services 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. 

 

If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following.

 

(1)  The applicant must list the goods/services by international class with the classes listed in ascending numerical order.  TMEP §1403.01.

 

(2)  The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid.  37 C.F.R. §§2.6(a)(1) and 2.86(a); TMEP §§810.01 and 1403.01.  Effective January 1, 2003, the fee for filing a trademark application is $335 for each class.  This applies to classes added to pending applications as well as to new applications filed on or after that date.  

 

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.

 

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.

 

 

/John T. Lincoski/

Trademark Attorney

Law Office 104

(703)308-9104 ext. 261