UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/421470
APPLICANT: Carus Publishing Company
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CORRESPONDENT ADDRESS: KATHRYN A. ERICKSON SUGAR, FRIEDBERG & FELSENTHAL 30 N. LASALLE SUITE 2600 CHICAGO IL 60602
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom106@uspto.gov
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MARK: BRAINBUG
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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 76/421470
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 the Identification of Goods and Services
The wording “printed instruction guides and newsletters” in the identification of goods is unacceptable as indefinite because the applicant must indicate the subject matter thereof. The applicant may amend this wording to “printed instruction guides and newsletters in the field of <specify subject matter>,” if accurate. TMEP §1402.01.
The wording “instruction guides and newsletters transmitted via electronic mail” in the identification of goods is too broad because this is a service and the applicant must provide the subject matter thereof. The classification of this service depends on the subject matter. The applicant may add another class to the applicant and amend to adopt the following, if accurate: providing educational information for children through electronic instruction guides and newsletters via electronic mail in the field of <specify subject matter>, in International Class ___. TMEP §§1402.01 and 1402.03.
Please Note: The applicant may wish to consult the on-line identification manual on the PTO web site for a list of acceptable identification of goods and services at www.gov.uspto.report/web/offices/tac/doc/gsmanual.
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 goods or services that are not within the scope of the goods and services recited in the present identification.
Additional Class
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 and services by international class with the classes listed in ascending numerical order. TMEP section 1113.01.
(2) The applicant must submit a filing fee for each international class of goods and services not covered by the fee already paid. 37 C.F.R. Sections 2.6(a)(1) and 2.86(b); TMEP sections 810.01 and 1113.01. Effective January 10, 2000, the fee for filing a trademark application is $325 for each class. This applies to classes added to pending applications as well as to new applications filed on or after that date.
If the applicant has any questions or needs assistance in responding to this Office Action, please telephone or email the assigned examining attorney.
/Sophia S. Kim/
Examining Attorney
US Trademark Office
Law Office 106
703-308-9106 x236
703-308-7192 fax
sophia.kim@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.