UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/270451
APPLICANT: Revahertz, Inc.
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CORRESPONDENT ADDRESS: JASON A. DUVA TESTA HURWITZ THIBEAULT HIGH STREET TOWER 125 HIGH ST STE 2200 BOSTON MA 02110-2725 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom115@uspto.gov
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MARK: GBS
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CORRESPONDENT’S REFERENCE/DOCKET NO: REV-603
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 76/270451
TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.
FINAL ACTION
On June 6, 2002, action on this application was suspended pending the disposition of Application Serial No. 76-122673. The referenced application has been abandoned and no longer poses a bar to registration. However, the following informality remains outstanding.
RECITATION OF SERVICES
The applicant was previously required to clarify the recitation of services in connection with which the applicant intends to use the mark. The applicant noted in its response that it would prefer to address this issue after the disposition of the prior pending applications. Therefore, the requirement as made in the Office action of August 16, 2001 is maintained and made FINAL.
The wording “interactive television services” and “interactive gaming services” in the recitation of services is unacceptable as indefinite because it could include a variety of services. The applicant must amend the recitation to specify the common commercial name of the services or to indicate their nature. TMEP §1402.11.
The wording “production of interactive . . . games” in the recitation of services is unacceptable as indefinite because it may not specify an activity recognized as a service within the definition of the Trademark Act. If the applicant is producing the games it provides, the production of such games is an ancillary activity to the provision of applicant’s services. If the applicant produces games for others, the applicant must so indicate. TMEP §1402.11.
The applicant may adopt the following recitation of services, if accurate: “interactive television services, namely [please specify, e.g. entertainment in the nature of on-going television programs in the field of [indicate specific field, e.g. news, comedy, variety], etc.]; interactive gaming services, namely [please specify, e.g. providing online interactive video games of entertainment and chance, children’s entertainment and amusement centers, namely interactive play areas, etc.]; and production of interactive television [please indicate specific type of production, e.g. shows or programs] and interactive video games of others in International Class 41.”
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. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any services that are not within the scope of the services recited in the present identification.
RESPONSE
Please note that the only appropriate responses to a final action are (1) compliance with the outstanding requirements, if feasible, (2) filing of an appeal to the Trademark Trial and Appeal Board, or (3) filing of a petition to the Director if permitted by 37 C.F.R. §2.63(b). 37 C.F.R. §2.64(a); TMEP §715.01. Regarding petitions to the Director, see 37 C.F.R. §2.146 and TMEP Chapter 1700. If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application abandoned. 37 C.F.R. §2.65(a).
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
PLEASE NOTE: All of the issues raised can be resolved by telephone. The applicant may telephone the examining attorney, instead of submitting a written response, to expedite the application.
Jennifer D. Chicoski
Trademark Examining Attorney
Law Office 115
(703) 308-9115 ext. 117
(703) 872-9208 - FAX
jennifer.chicoski@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 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