UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/433378

 

The assigned examining attorney has reviewed the statement of use filed on May 3, 2004 and has determined the following.

 

AMENDED RECITATION OF SERVICES REQUIRED

 

As set forth in Office Action of November 5, 2002, the wording “electronic message services, namely, transmission, tracking, compilation and authentic of electronic mail” in the recitation of services is unacceptable as indefinite.  Prior to publication, applicant amended the identification to International Classes 38 and 45.  The applicant must clarify the recitation of services.  TMEP §1402.11.  TMEP §§1109.11(b) and 1109.13.

 

If applicant amends the statement of use to add the omitted class of services, then applicant must also include a statement that “the applicant used the mark on or in connection with the additional goods and/or services in commerce before expiration of the time period for filing a statement of use,” properly verified with a notarized affidavit or a signed declaration in accordance with 37 C F R §2 20.  37 C.F.R. §2.88(i)(2); TMEP §1109. 13.

 

The goods and/or services specified in the amended identification may not exceed the scope of those set forth in the notice of allowance.  Also, if the application has been expressly amended to delete from the identification any goods and/or services set forth in the notice of allowance, those items may not be re-inserted in the identification.  See 37 C.F.R. §2.71(a).

 

RESPONSE GUIDELINES

 

No set form is required for response to this Office action.  The applicant must respond to each point raised.  The applicant should simply set forth the required changes or statements and request that the Office enter them.  The applicant must sign the response.  In addition to the identifying information required at the beginning of this letter, the applicant should provide a telephone number to speed up further processing.

 

If the applicant’s has questions regarding the status of the application, the Trademark Applications and Registrations Retrieval (TARR) database on the USPTO website at http://tarr.uspto.gov provides detailed, up to the minute information about the status and prosecution history of trademark applications and registrations.  Please note that an application serial number or registration number is needed to be able to access this database.  TARR is available 24 hours a day, 7 days a week.

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

 

 

/Verna Beth Ririe/

Trademark Attorney

Law Office 105

(703) 308-9105 ext. 176

(703) 872-9825 (office fax)

 

Change in USPTO Trademark Contact Information:

 

The USPTO Trademark Operations will be moving to the new Alexandria, Virginia campus in October and November 2004.  During that time, you are strongly encouraged to communicate with the USPTO through the Trademark Electronic Application System (TEAS) which can be found at www.uspto.gov <http://www.uspto.gov> .

 

Effective October 4, 2004, all Trademark-related paper mail must be sent to:

 

                        Commissioner for Trademarks

                        P.O. Box 1451

                        Alexandria, VA  22313-1451

 

My Law Office will move on October 28, 2004.  To reach me by phone after that date call (571) 272-9310. 

 

To submit a fax response to this Office action after that date, send your response to the Law Office fax number, namely (571) 273-9105.

 

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 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

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.