UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/420244
APPLICANT: Sunday River Skiway Corporation
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CORRESPONDENT ADDRESS: WILLIAM L. WORDEN, ESQ. PIERCE ATWOOD ONE MONUMENT SQUARE PORTLAND, ME 04101
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom106@uspto.gov
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MARK: SUNDAY RIVER
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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 76/420244
The assigned examining attorney has reviewed the referenced application and determined the following.
No Conflicting Mark Noted
The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d). TMEP section 1105.01.
Amendment of Recitation of Services
The wording “ski resort services” in the recitation of services is unacceptable as indefinite because it may includes services classified in other classes. The applicant may amend this wording to “ski resorts,” if accurate. TMEP §1402.11.
The wording “lodging services” in the recitation of services is unacceptable as indefinite. The applicant may amend this wording to “resort lodging services,” if accurate. TMEP §1402.11.
The applicant has classified the services incorrectly for “resort lodging services and restaurant services”. The applicant must amend the application to classify the services in International Class 43. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§1401.02(a) and 1401.03(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. §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.
Telephone Calls Encouraged
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.
/Sophia S. Kim/
Examining Attorney
Law Office 106
703-308-9106 x236
703-308-7192 fax
sophia.kim@uspto.gov - for general questions
ecom106@usptogov - for official responses
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.