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  76/433436

 

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

 

1.         Search Results.

 

            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). Trademark Manual of Examining Procedure Section 704.01, (3rd Edition January 2002).

 

2.         Amend the Recitation of Services.

 

            The recitation of services is unacceptable as indefinite. As written, it appears to identify services in both International Classes 39 and 41.  The applicant may adopt the following identification, if accurate:

 

               Transportation of passengers and/or goods by __________________ (please indicate specific means, e.g. air, boat, rail, bus)  in International Class 39.

 

            Entertainment services, namely______________________________ (please describe these services) in International Class 39.

 

            Trademark Manual of Examining Procedure Section 1402, (3rd Edition January 2002).

 

            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. Section 2.71(a); ). Trademark Manual of Examining Procedure Section 1402.06, (3rd Edition January 2002). Therefore, the applicant may not amend to include any services that are not within the scope of services set forth in the present identification.

 

            For additional information regarding acceptable identifications, the Trademark Manual of Acceptable Identifications and Classifications for Goods and Services is accessible on the World Wide Web at  http://atlas/netahtml/tidm.html.

 

            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 specifically identify the services in each class and list the services by international class with the classes listed in ascending numerical order.  Trademark Manual of Examining Procedure Section 1403.01, (3rd Edition January 2002).

 

(2)  The applicant must submit a filing fee for each international class of services not covered by the fee already paid.  37 C.F.R. Sections 2.6(a)(1) and 2.86(b); Trademark Manual of Examining Procedure Section 810.01 and 1403.01, (3rd Edition January 2002). 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. 

 

3.         New Drawing Required.

 

            The drawing is not acceptable because it was smudged on the applicant’s submitted original and will therefore not reproduce satisfactorily.  The applicant must submit a new drawing showing the mark clearly and conforming to 37 C.F.R. Section 2.52. Trademark Manual of Examining Procedure Section 807.09(a), (3rd Edition January 2002).

 

            The requirements for a special‑form drawing are as follows.

 

(1) The drawing must appear in black and white; no color is permitted.

 

(2)  Every line and letter must be black and clear.

 

(3)  The use of gray to indicate shading is unacceptable.

 

(4)  The lining must not be too fine or too close together.

 

(5)  The preferred size of the area in which the mark is displayed is 2½ inches (6.1 cm.) high and 2½ inches (6.1 cm.) wide.  It should not be larger than 4 inches (10.3 cm.) high or 4 inches (10.3 cm.) wide.

 

(6)  If the reduction of the mark to the required size renders any details illegible, the applicant may insert a statement in the application to describe the mark and these details.

 

            37 C.F.R. Sections 2.51 and 2.52; Trademark Manual of Examining Procedure Section 807.09(a), (3rd Edition January 2002).  The Office will enforce these drawing requirements strictly. Trademark Manual of Examining Procedure Section 807.09(a), (3rd Edition January 2002).

 

The Office prefers that the drawing be depicted on a separate sheet of smooth, nonshiny, white paper 8 to 8½ inches (20.3 to 21.6 cm.) wide and 11 inches (27.9 cm.) long, and that the sheet contain a heading listing, on separate lines, the applicant's complete name; the applicant's address; the goods or services recited in the application; and, if the application is filed under Section 1(a) of the Act, the dates of first use of the mark and of first use of the mark in commerce; or, if the application is filed under Section 44(d), the priority filing date of the foreign application.

 

4.            Responding to this Office Action.

 

            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.

 

            In all correspondence to the Patent and Trademark Office, the applicant should list the name and law office of the examining attorney, the serial number of this application, the mailing date of this Office action, and the applicant's telephone number.

 

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

ADDITIONAL CUSTOMER INFORMATION

 

· NOTICE FOR APPLICANT’S FILING IN INTERNATIONAL CLASS 42

 

Effective January 1, 2002, the 8th edition of the Nice Agreement governing the classification of goods and services divided prior International Class 42 into four service mark classes.  Information about revised International Class 42 and new International Classes 43, 44, and 45 is available at www.gov.uspto.report/web/offices/tac/notices/notices.htm.

 

All applications filed on or after January 1, 2002, must comply with the new classification schedule.  For applications filed before January 1, 2002, the new classification schedule is optional.  Applicants opting to amend to the new schedule must advise the assigned Examining Attorney.

 

 · CHANGE OF CORRESPONDENCE ADDRESS

 

Applicants may now file changes of correspondence via a new form on TEAS.   Address changes may be performed  on up to 20 cases at a time.  The Trademark Office strongly encourages applicants to use this time-saving form, which is available online at: www.gov.uspto.report/web/trademarks/tmchangeaddress.htm.

 

· NEW ELECTRONIC RESPONSE TO OFFICE ACTION FORM

 

On April 30, 2002, the Trademark Operation posted an electronic Response to Office Action form on the TEAS (Trademark Electronic Application System) web site.  By using this new web-based TEAS form, customers can (1) respond to an Office Action based on an application or Statement of Use; or (2) pay an additional fee after a phone call from the Office, i.e., to enable an Examiner's  Amendment.  Upon receipt of the electronically-submitted response, the prosecution history will automatically be updated to show "TEAS Response to Office Action received."  To access this new form, visit <<http://eteas.gov.uspto.report/V2.0/oa200>>.  NOTE: This form cannot be used to respond to any actions from either the Intent-to-Use (ITU) or Post-Registration areas. Forms for that purpose will be available in the future.

 

· NEW ELECTRONIC PRELIMINARY AMENDMENT FORM

 

On April 30, 2002, the Trademark Operation posted an electronic Preliminary Amendment form on the TEAS (Trademark Electronic Application System) web site.  By using this new web-based TEAS form, customers can submit a Preliminary Amendment prior to examination.  Upon receipt of the electronically-submitted preliminary amendment, the prosecution history will automatically be updated to show "TEAS Preliminary Amendment received."  To access this new form, visit <<http://eteas.gov.uspto.report/V2.0/pa200>>.  NOTE: This form should ONLY be used if an already-filed application has not yet been examined by the Office.

 

 

 

 

 

/John D. Dalier/

Trademark Examining Attorney

Law Office 105

(703) 308-9105, ext. 131

Fax (703) 872-9875

ecom105@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.

 

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.