UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

EXAMINER’S AMENDMENT/PRIORITY ACTION

 

OFFICE SEARCH:  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 704.02.   

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.   This case will be given priority as an amended case if you respond to the requirements stated below within two months. 

 

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

 

 

Serial Number 76/448664  AMERICAN RED CROSS

 

EXAMINER'S AMENDMENT

 

In accordance with the authorization granted by the above applicant or attorney on March 11, 2003, the application has been AMENDED as indicated below.  If the identification of goods or services has been amended, please note that any future amendments must be in accordance with 37 C.F.R. 2.71(a); TMEP section 1402.07(e).  Please advise the undersigned if there is an objection to the amendment.

 

I.  DISCLAIMER:

 

No claim is made to the exclusive right to use “AMERICAN” apart from the mark as shown.

 

 

 

PRIORITY ACTION

 

This case will be given priority as an amended case if you respond to the requirements stated below within two months.

 

I.  RECITATION OF SERVICES:

 

The applicant will adopt the following recitation of services:

 

-         Computer services, namely providing online charitable fundraising; charitable services, namely, providing financial assistance and support to victims of disaster, and providing information and consultation related thereto, in International Class 36;

 

-         Charitable services, namely, providing relief and support to victims of disaster by renovating, repairing and constructing homes, and providing information and consultation related thereto, in International Class 37;

 

-         Charitable services, namely, providing relief and support to victims of disaster by providing transportation, and information and consultation related thereto, in International Class 39;

 

-         Charitable services, namely, providing relief and support to victims of disaster by providing books, magazines, toys and like goods, and information and consultation related thereto, in International Class 41;

 

-         Charitable services, namely, providing relief and support to victims of disaster by providing computer equipment and related goods, and information and consultation related thereto; Research and development for new products for others, in International Class 42;

 

-         Charitable services, namely, providing relief and support to victims of disaster by providing food, furniture and temporary housing shelters, and  information and consultation related thereto, in International Class 43;

 

-         Charitable services, namely, providing relief and support to victims of disaster by providing medical services, and information and consultation related thereto, in International Class 44;  and

 

-         Charitable services, namely, providing relief and support to victims of disaster by providing clothing, and information and consultation related thereto; Charitable services, namely providing international tracing of individuals services to reunite families, and information and consultation related thereto, in International Class 45.

 

PTO ONLINE SEARCHING MANUAL:

 

For aid in selecting acceptable identifications of goods and services and determining proper classification, the searchable Manual of Acceptable Identifications of Goods and Services is available on the PTO website at www.uspto.gov.

 

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.

 

II.  CLASSIFICATION OF SERVICES:

 

The applicant will amend the application to classify the services in International Classes 36, 37, 39, 41, 42, 43, 44, & 45.

 

III.  ADDITIONAL CLASSES:

 

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 (as listed above).  TMEP section 1113.01.

 

(2)  The applicant must submit a filing fee for each international class of services not covered by the fee already paid.  The filing fee is $335 per class.  37 C.F.R. Sections 2.6(a)(1) and 2.86(b); TMEP sections 810.01 and 1113.01.  The applicant has already paid for one class.

 

(3)  The applicant must submit: 

 

(a) USE:  dates of first use and first use in commerce and one specimen for each class that includes goods or services based on use in commerce under Trademark Act Section 1(a).  The dates of use must be at least as early as the filing date of this application, 37 C.F.R. Sections 2.34(a)(1) and 2.86(a), and the specimen(s) must have been in use in commerce at least as early as the filing date of the application. 

 

Please note, the specimen submitted with the application is acceptable for all classes, however, the applicant must list the respective dates of first use for each class[1]; and/or (if applicable)

 

(b) INTENTION TO USE:  a statement of a bona fide intention to use the mark in commerce on or in connection with all the goods or services specified in each class that includes goods or services based on a bona fide intention to use the mark in commerce under Trademark Act Section 1(b), where such statement was not included for the goods or services in the original application.  The following is a properly worded statement:

 

The applicant has had a bona fide intention to use the mark in commerce on or in connection with the goods or services listed in the application since the filing date of the application.

           

(4)  The applicant must submit an affidavit or a declaration under 37 C.F.R. Section 2.20 signed by the applicant to verify (3) above.  37 C.F.R. Sections 2.59(a) and 2.71(c).

 

DECLARATION:

 

The following is a properly worded declaration under 37 C.F.R. Section 2.20 to support the requirements for this Section.  At the end of responses to the issues raised in this Section, the applicant should submit this declaration signed by a person properly authorized to sign on behalf of the applicant.

 

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that the facts set forth in this application are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.

 

 

            _____________________________

                            (Signature)

 

            _____________________________

             (Print or Type Name and Position)

 

            _____________________________

                                            (Date)

 

 

If the applicant has any questions regarding this Priority Action, please telephone the assigned examining attorney.

 

/KSC/

Karanendra S. Chhina

Trademark Attorney

Law Office 114

(703) 308-9114 x441

 

 

 

 

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