UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/346245
APPLICANT: Fraunhofer-Gesellschaft zur Forderung de ETC.
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CORRESPONDENT ADDRESS: ANDREW R. BASILE YOUNG & BASILE, P.C 3001 W. BIG BEAVER ROAD SUITE 624 TROY MICHIGAN 48084-3107 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom107@uspto.gov
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MARK: OPENXCHANGE
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CORRESPONDENT’S REFERENCE/DOCKET NO: SPM-338-TM
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 76/346245
This letter responds to the applicant’s communication filed on December 9, 2002.
The refusal to register under Trademark Act § 2(d) is maintained.
It is called to applicant’s attention that U.S. Trademark Application no. 76-082,772 is still pending registration in this Office.
The recitations of goods and services contain goods and services that are indefinite which must renamed by using their common specific names. By class the indefinite recitations, with suggestions, are noted as follows:
Class 9 the exchange and standardization of data and computer software storage media;
Class 35 advertising; E-commerce services, namely, order undertaking services, arrangements of accounts for electronic ordering systems; the E-commerce services, namely, arranging and concluding commercial transactions, presentations of goods and services, order undertaking for computer on-line retail stores may fall into three classes, e.g., computer on-line retail store services in the fields of (specify the fields) in Class 35, credit card transaction processing services in Class 36, and providing user authentication services in E-commerce transactions in Class 45; the retail store services available through the use of television in certain fields may be amended to be providing home shopping services in the fields of (indicate the fields) by means of television; E-commerce services, namely, providing account settlements and statements; and the types and purposes of the logistics management in the field of transportation must be indicated;
Class 38 telecommunications; provision of an E-commerce platform on the Internet; Internet services, namely, providing information of consumer and business goods and services on the Internet (the types of information must be indicated because the classes of the services will be determined by the areas of information covered);
Class 41 the subject matter of the education and advanced training services must be indicated; demonstration teaching may be amended to be educational services, namely, providing demonstration teaching with practical exercises in the fields of E-commerce software, E-commerce, and logistics; and
Class 42 services of a certification agency; Internet agency services, namely, conception arrangement and settlement, maintenance of Internet centers; and services of a multimedia database, namely, collection, storing, and providing software, data, pictures, audio and/or video information.
The following services are not covered by the German trademark registration and must be deleted:
Class 35 business networking services; business management, namely, the operation of television stations for others and computerized database management;
Class 38 Internet services, namely, providing information of consumer and business goods and services on the Internet and television broadcasting services;
Class 41 television production services in the field of teleshopping programs; and
Class 42 database development services; Internet agency services, namely, conception, arrangement and settlement, maintenance of Internet contents; services of a multimedia database, namely, collecting, storing and providing software, data, pictures, audio and /or video information; rental of computer software; measurement evaluations in engineering fields.
/David C. Reihner/, Examining Attorney
Law Office 107, 703-308-9107 ext. 169
703-746-8107 fax. ecom107@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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.