UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/400472
APPLICANT: Rodale Inc.
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CORRESPONDENT ADDRESS: JODY H. DRAKE SUGHRUE MION, PLLC 2100 PENNSYLVANIA AVENUE, N.W. WASHINGTON, DC 20037
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom103@uspto.gov
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MARK: MEN'S HEALTH
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CORRESPONDENT’S REFERENCE/DOCKET NO: s6577
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 76/400472
This letter responds to the applicant’s communication filed on 7-14-03.
The applicant has amended the identification of goods and indicated that there is no particular meaning as to the proposed mark.
These are acceptable. However, the applicant has not provided the fee for the third class. It must do so.
The applicant also claims that the examining attorney and the applicant spoke on March 7, 2003, and that she agreed to do an examiner’s amendment. This is not accurate as the law office physically moved that day, and the examining attorney had no phone service or computer access.
The requirement to pay for an additional class or delete one class is CONTINUED and made FINAL.
CLASSIFICATION OF GOODS
The application identifies goods that may be classified in several international classes. Therefore, the applicant must either: (1) restrict the application to the number of class(es) covered by the fee already paid, or (2) pay the required fee for each additional class(es). 37 C.F.R. §2.86(a)(2); TMEP §§810.01, 1401.04, 1401.04(b) 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. 37 C.F.R. §2.6(a)(1).
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.
The requirement to pay for an additional class or delete one class is CONTINUED and made FINAL.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
OPTIONS
Please note that the only appropriate responses to a final action are either (1) compliance with the outstanding requirements, if feasible, or (2) filing of an appeal to the Trademark Trial and Appeal Board. 37 C.F.R. Section 2.64(a). 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. Section 2.65(a).
/Anne Madden/
Trademark Examining Attorney
Law Office 103
(703) 308-9103 ext. 130
ecom103@uspto.gov
(703) 746-8103 fax
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.