UNITED STATES PATENT AND TRADEMARK OFFICE

 

Serial Number  76/426414

 

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.

 

 

 

OFFICE ACTION

 

 

The assigned examining attorney has reviewed the referenced application and determined the following.

 

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.

 

CLASSIFICATION AND IDENTIFICATION OF GOODS

 

The applicant has classified “instruction guides and newsletters transmitted via electronic mail” in International Class 16.  The correct classification for downloadable electronic publications or electronic publications recorded on computer media is International Class 9.  The applicant must clarify the nature of these goods and add International Class 9 to the application, if appropriate.  37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §1401.04(b).

 

The wording “newsletters” in the identification of goods is unacceptable as indefinite.  The applicant must amend the identification to indicate the field or subject matter of the publications.  TMEP §1402.03(e).

 

The applicant may adopt the following identification of goods, if accurate: 

 

“Downloadable electronic publications in the nature of [indicate specific nature of publication, e.g. instruction guides and newsletters] in the field of [indicate subject matter of publication]; Electronic publications transmitted via electronic mail, namely, instruction guides and newsletters featuring [INDICATE subject matter] recorded on computer media in International Class 9;”

 

“educational materials in the nature of children’s books and magazines; printed instruction guides and newsletters in the field of [please indicate subject matter, e.g. parenting issues, teaching skills, etc.] in International Class 16.”

 

MULTIPLE CLASS APPLICATION

 

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 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 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 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 the assigned examining attorney.

 

 

 

Jennifer D. Chicoski

Trademark Examining Attorney

Law Office 115

(703) 308-9115 ext. 117

(703) 872-9208 - FAX

jennifer.chicoski@uspto.gov

 

 

 

 

 

 

NOTICE: Fee increase effective January 1, 2003

Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class.  The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00. 

 

Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.

 

 

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