UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/443497
APPLICANT: Kowalski, Steven
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CORRESPONDENT ADDRESS: ADAM J. BUSS, ESQ. LEBOEUF, LAMB, GREENE & MACRAE, LLP 50 N. LAURA STREET, SUITE 2800 JACKSONVILLE, FL 32202
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom109@uspto.gov
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MARK: INNOVATION STATION
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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 76/443497
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. §1052(d). TMEP §704.02. Before this mark may be approved for publication, the applicant must respond to the following item.
The wording "retail sales of products related to personal and organizational creativity and employee performance enhancement" in the identification of goods is too broad. Furthermore, the use of the term “sales” is prohibited. The applicant must amend the identification to specify the common commercial name of the goods. A manual containing a listing of goods or services and proper wording for each classification is available on-line at the U.S. Patent and Trademark Office’s web site: www.uspto.gov. The applicant may adopt the following format, if accurate:
“retail store services, on-line retail store services and mail order services featuring [specify the products by their common commercial names]” in International Class 35.
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 or services recited in the present identification.
/Christopher L. Buongiorno/
Law Office 109
(703) 308-9109 ext. 240
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.